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HomeMy Public PortalAboutORD14191 C BILL NO. 2007-2 SPONSORED BY COUNCIL/MAN Harvey ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH DON SCHNIEDERS EXCAVATING COMPANY, INC. FOR CONSTRUCTION OF THE FAIRGROUNDS ROAD AND COUNTY PARK GREENWAY TRAIL PROJECT. WHEREAS, Don Schnieders Excavating Company, Inc. has become the apparent lowest and best bidder on the Fairgrounds Road and County Park Greenway Trail Project; NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The bid of Don Schnieders Excavating Company, Inc. is declared to be the lowest and best bid and is hereby accepted. Section 2.The Mayor and City Clerk are hereby authorized to execute an agreement with Don Schnieders Excavating Company, Inc. for construction of the Fairgrounds Road and County Park Greenway Trail Project. Section 3. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed:_1 D� Approv �y �`°? P- s' ing Officer Mayor ATTE . APP O ED S TO FORM: 7 zmv �?"�9xw tfy Clerk// City Counselor I# CONTRACT DOCUMENTS 11111 .rt. oil • CITY OF JEFFERSON T • SPECIFICATIONS AND CONTRACT DOCUMENTS FEDERAL PROJECT NO. STP - 3100 (513) CITY PROJECT NO. 32087 Fairground Road and Count Park Greenwa Trail 9 Y Y -: ' gtgpp40038d0,��,d w w 6996 4 `�� dJ6��hoenrr.p.ra' Y�!`�e7 Jefferson City Department of Community Development March, 2007 ' TABLE OF CONTENTS �I ' Advertisement for Bids 1 Notice to Bidders • Information for Bidders • Bid Form * ' Bid Bond * • Anti-Collusion Statement Contractor's Affidavit iMinority Business Enterprise Statement • Minority Business Utilization Agreement ' Affidavit of Compliance with Prevailing Wage Law ' Prevailing Wage Determination • Affidavit of Compliance Public Works Contracts Law 1 Exception Certification Excessive Unemployment Exce • P ' Construction Contract • Performance, Payment, and Guarantee Bond • General Provisions • Special Provisions • Attachments • Addendums ( If Any ) INDICATES THIS ITEM INCLUDED IN BID PACKET FOR SUBMISSION OF BID) 1 IADVERTISEMENT FOR BIDS ' Sealed bids will be received at the office of the Purchasing Agent, 320 East McCarty Street, Jefferson City, Missouri 65101, until 1:30 PM, on Tuesday, March 27, 2007. The bids will be opened and read aloud in the Council Chambers at 1:30 PM on that same day. ' The proposed work for the project entitled "Project No. 32087, Fairground_Road and County Park Greenway Trail" will include the furnishing of all material, labor, and equipment to construct approximately 3200 feet of 10 foot wide concrete trail, and ' widen a 1100 foot section of Fairgrounds Road with curb and gutter and accompanying stormwater inlets and piping, and other various improvements, with an alternate to construct an additional 1200 feet of 10 foot wide concrete trail. A re-bid conference will be held at 9:00 AM, on Thursday, March 15 2007 in the P Y> > Thomas Jefferson Conference Room of City Hall, 320 E, McCarty Street, Jefferson City, MO 65101. All prospective bidders are urged to attend. Copies of the contract documents required for bidding purposes may be obtained from the Director of Community Development, 320 East McCarty Street, Jefferson City, Missouri. A non-refundable deposit of Forty Dollars ($40.00) will be required for each set of plans and specifications. Individual full size sheets of the plans may be obtained for Three Dollars ($3.00) per sheet. ' The City of Jefferson hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertizement, disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. ' The contract will require compliance with the wage and labor requirements and the payment of minimum wages in accordance with the Schedule of Wage Rates established by the Missouri Division of Labor Standards. The City reserves the right to reject any and all bids and to waive informalities therein, to determine which is the lowest and best bid and to approve the bond. CITY OF JEFFERSON ;d U)GO Terry St h ifoln Purchasing Agent Publication Date Sunday, March 4, 2007 ' NOTICE TO BIDDERS • Sealed bids will be received at the Office of the Purchasing Agent, City Hall, 320 East McCarty Street, Jefferson City, Missouri, until 1:30 PM on Tuesday, March 27, 2007. ' The bids will be opened and read aloud in the Council Chambers at 1:30 PM on that same day. ' The proposed work for the project entitled "Project No. 32087, Fairground Road and County Park Greenway Trail" will include the furnishing of all material, labor, and equipment to construct approximately 3200 feet of 10 foot wide concrete trail, and ' widen a 1100 foot section of Fairgrounds Road with curb and gutter and accompanying stormwater inlets and piping, and other various improvements, with an alternate to construct an additional 1200 feet of 10 foot wide concrete trail. 1 A pre-bid conference will be held at 9:00 AM, on Thursday, March 15, 2007 in the Thomas Jefferson Conference Room of City Hall, 320 E. McCarty Street, Jefferson City, MO 65101. All prospective bidders are urged to attend. All equipment, material, and workmanship must be in accordance with the plans, ' specifications, and contract documents on file with the Director of Community Development, Jefferson City, Missouri. Copies of the contract documents required for bidding purposes may be obtained from ' the Director of Community Development, 320 East McCarty Street, Jefferson City, ' Missouri. A non-refundable deposit of Forty Dollars ($40.00)will be required for each set of plans and specifications. Individual full size sheets of the plans may be obtained for Three Dollars ($3.00) per sheet. ' A certified check on a solvent bank or a bid bond by a satisfactory surety in an amount equal to five (5) percent of the total amount of the bid must accompany each proposal. A one-year Performance and Guarantee Bond is required. ' The owner reserves the right to reject any or all bids and to waive informalities therein to determine which is the lowest and best bid and to approve the bond. ' CITY OF JEFFERSON, MISSOURI tPatrick E. Sullivan, PE Director of Community Development • ' INFORMATION FOR BIDDERS I13-1 SCOPE RK F WORK O The work to be done under this contract includes the furnishing of all technical personnel, labor, materials,and equipment required to perform the work included in the project entitled"Project ' No.32087,Fairground Road and County Park Greenway Trail'in accordance with the plans and specifications on file with the Department of Community Development. ' The proposed work for this project will include the furnishing of all material, labor, and equipment to construct approximately 3200 feet of 10 foot wide concrete trail,and widen a 1100 foot section of Fairgrounds Road with curb and gutter.and accompanying stormwater inlets and piping, and other various improvements, with an alternate to construct an additional 1200 feet of 10 foot wide concrete trail. ' I13-2 INSPECTION OF PLANS, SPECIFICATIONS, AND SITE OF WORK The bidder is required to examine carefully the site of the proposed work, the bid, plans,. ' specifications,supplemental specifications,special provisions,and contract documents before submitting a bid. Failure to do so will not relieve a successful bidder of the obligation to furnish all materials and labor necessary to carry out the provisions of the contract. ' I13-3 INTERPRETATION OF CONTRACT DOCUMENTS • If the bidder has any questions which arise concerning the true meaning or intent of the Plans, Specifications or any part thereof, which affect the cost, quality, quantity, or character of the project, he shall request in writing, at least five (5) days prior to the date fixed for the.bid opening, that an interpretation be made and an addendum be issued by the City, which shall then be delivered to all bidders to whom Plans and Specifications have been issued. All addenda issued shall become part of the contract documents. Failure to have requested an addendum covering any questions affecting the interpretation of the Plans and Specifications I shall not relieve the Contractor from delivering the completed project in accordance with the intent of the Plans and Specifications to provide a workable project. 113-4 QUALIFICATIONS OF BIDDERS The City of Jefferson may make such investigations as deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to the City all such ' information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence submitted by the bidder or investigation of such bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. I13-5 EQUIVALENT MATERIAL Wherever definite reference is made in these Specifications to the use of any particular material or equipment, it is to be understood that any equivalent material or equipment may be used which will perform adequately the duties imposed by the general design,subject to the approval • of the City. 1 I13-6 BID SECURITY • Each bid must be accompanied by a certified check or bid bond made payable to the City of 1 Jefferson for five percent (5%) of the amount of the bid. Bid securities will be returned after award of the contract except to the successful bidder. ' Should the successful bidderfail or refuse to execute the bond and the contract required within seven (7)days after he has received notice of acceptance of his bid, he shall forfeit to the City as liquidated damages for such failure or refusal, the security deposited with his bid. ' IB-7 PREPARATION OF BIDS ' Bids must be made upon the prescribed forms attached in these Contract Documents. Only sealed bids will be considered, all bids otherwise submitted will be rejected as irregular. All blank spaces in the bid must be filled in and no change shall be made in the phraseology ' of the bid, or addition to the items mentioned therein. Any conditions, limitations or provisions attached to bids will render them informal and may be considered cause for their rejection. tExtensions of quantities and unit prices shall be carried out to the penny. IB-8 PRICES ' The price submitted for each item of the work shall include all costs of whatever nature involved in its construction, complete in place, as described in the Plans and Specifications. • Section 144.062 RSMo rovides that the City's sales tax exemption may be used for the P Y P Y purchase of goods and materials for this project. The contract for the project will authorize and direct the Contractor to utilize the City's sales tax exemption in the purchase of goods and materials for the project. This provision shall apply to only those purchases totaling over$500 from an individual supplier. ' All sales taxes on those items which do not qualify for the use of the City's sales tax exemption and for which sales tax might lawfully be assessed against the City are to be paid by the Contractor from the monies obtained in satisfaction of the Contract. It being understood by the bidder, that the bid prices submitted for those items shall include the cost of such taxes. IB-9 APPROXIMATE QUANTITIES In cases where any part or all of the bidding is to be received on a unit price basis, the quantities stated in the bid,will not be used in establishing final payment due the successful ' Contractor. The quantities stated on which unit prices are so invited are approximate only and each bidder shall make his own estimate from the plans of the quantities required on each item and calculate his unit price bid for each item accordingly. Bids will be compared on the basis of number of units stated in the bid. Such estimated quantities, while made from the best information available,.are approximate only. Payment of the Contract will be based on actual number of units installed on the complete work. • ' IB-10 LUMP SUM ITEMS Payment for each lump sum item shall be at the lump f h ' y p u p sum bid or the item, complete in place, and shall include the costs of all labor, materials, tools and equipment to construct the item as described herein and to the limits shown on the Plans. ' IB-11 SUBMISSION OF BIDS ' The Bid and the Bid Security guaranteeing the same shall be placed in a sealed envelope and marked "Project No. 32087, Fairground Road and County Park Greenway Trail". 1 IB-12 ALTERNATE BIDS In making the award, if alternate bids have been requested, the alternate bid which will be in the best interest of the City will be used. ' I13-13 WITHDRAWAL OF BIDS ' If a bidder wishes to withdraw his bid, he may do so before the time fixed for the opening, without prejudice to himself. No bidder may withdraw his bid for a period of ninety (90) days after the scheduled closing time for the receipt of bids. ' No bids received after the time set for opening for bids will be considered. IB-14 RIGHT TO REJECT BIDS The City reserves the right to reject any or all bids,to waive any informality in the bids received, ' or to accept the bid or bids that in its judgement will be in the best interests of the City of Jefferson. I13-15 AWARD OF CONTRACT r If, within seven (7) days acceptance of his bid the successful s after he has received notice of acce ( Y P bidder or bidders shall refuse or neglect to come to the office of the Director of Community Development and to execute the Contract and to furnish the required Performance and Payment Bonds and Insurance, properly signed by the Contractor and the Surety and Sureties satisfactory to the City of Jefferson as hereinafter provided, the bidder or bidders shall be deemed to be in default and shall forfeit the deposit. 113-16 PERFORMANCE AND PAYMENT BOND tA Performance and Payment Bond in an amount equivalent to one hundred percent (100%) of the Contract price, must be furnished and executed by the successful bidder or bidders. A ' form for the bidders use is contained in these Contract Documents. The issuing Surety shall be a corporate Surety Company or companies of recognized standing licensed to do business in the State of Missouri and acceptable to the City of Jefferson. ' IB-17 INDEMNIFICATION AND INSURANCE • The Contractor agrees to indemnify and hold harmless the City from all claims and suits for loss ' of or damage to property, including loss of all judgments recovered therefore, and from all expense in defending said claims, or suits, including court costs, attorney fees and other expense caused by any act or omission of the Contractor and/or his subcontractors, their respective agents, servants or employees. The Contractor shall be required to provide the City of Jefferson with a Certificate of Insurance ' outlining the coverage provided. IB-18 BID SECURITY RETURNED TO SUCCESSFUL BIDDER ' Upon the execution of the Contract and approval of Bond, the Bid Security will be returned to the bidder unless the same shall have been presented for collection prior to such time, in which ' case the amount of the deposit will be refunded by the City. IB-19 NONDISCRIMINATION IN EMPLOYMENT ' Contracts for work under this bid will obligate the Contractor and subcontractors not to discriminate in employment practices. ' IB-20 PREVAILING WAGE LAW The principal contractor and all subcontractors shall pay not less than the prevailing wage ' • hourly rate for each craft or type of workman required to execute this contract as determined by the Department of Labor and Industrial Relations of Missouri, pursuant to Sections 290.210 through 290.340 inclusive of the Revised Statutes of Missouri, 1994 as amended. (See ' Determination included herewith.) IB-21 GUARANTEE The Contractor shall guarantee that the equipment, materials and workmanship furnished under this contract will be as specified and will be free from defects for a period of one year ' from the date of final acceptance. In addition,the equipment furnished by the Contractor shall be guaranteed to be free from defects in design. Within the guarantee period and upon notification of the Contractor by the City,the Contractor ' shall promptly make all needed adjustments, repairs or replacements arising out of defects which, in the judgment of the City become necessary during such period. The cost of all materials, parts, labor, transportation, supervision, special tools, and supplies required for replacement of parts, repair of parts or correction of abnormalities shall be paid by the Contractor or by his surety under the terms of the Bond. ' The Contractor also extends the terms of this guarantee to cover repaired parts and all replacement parts furnished under the guarantee provisions for a period of one year from the date of installation thereof. • ' If within ten days after the City gives the Contractor notice of defect, failure, or abnormality of the work, the Contractor neglects to make, or undertake with due diligence to make, the ' necessary repairs or adjustments, the City is hereby authorized to make the repairs or adjustments itself or order the work to be done by a third party, the costs of the work to be paid by the Contractor. ' In the event of an emergency where, in the judgment of the City delays would cause serious loss or damage, repairs or adjustments may be made by the City or a third party chosen by the City without giving notice to the Contractor, and the cost of the work shall be paid by the ' Contractor or by his surety under the terms of the Bond. IB-22 NOTICE TO PROCEED ' A written notice to begin construction work will be given to the Contractor by the City of Jefferson within ten (10) days after the Contract is approved by the City Council. The time for ' completion of the project shall begin to run on the date established in this notice. IB-23 WORK SCHEDULE ' To insure that the work will proceed continuously through the succeeding operations to its completion with the least possible interference to traffic and inconvenience to the public, the ' Contractor shall, at the request of the City, submit for approval a complete schedule of his proposed construction procedure, stating the sequence in which various operations of work are to be performed. ' • IB-24 CONTRACT TIME The contract time shall be 60 working days. IB-25 LIQUIDATED DAMAGES ' Liquidated damages shall be assessed at the rate of Nine Hundred Fifty Dollars ($950.00) per calendar day until the work is complete, should the project not be completed within the contract time. ' IB-26 POWER OF ATTORNEY Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and ' . effectively dated copy of their power of attorney. ' IB-27 BID PACKET Each bid must be submitted on the prescribed forms and contain certain certifications and documentation. Each bid must be submitted in a sealed envelope bearing on the outside the name of the ' bidder, the bidder's address, and the name of the project for which the bid is being submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another • envelope addressed as follows: ' Purchasing Agent • City of Jefferson, MO 320 E. McCarty Street Jefferson City, MO 65101 For the convenience of bidding this project, a "BID PACKET" has been included with the ' project manual. This packet contains the necessary forms to be submitted with the bid proposal. The contents of this packet include the following: ' 1) BID FORM 2) BID BOND 3) ANTI-COLLUSION STATEMENT ' 4) CONTRACTOR'S AFFIDAVIT 5) MINORITY BUSINESS UTILIZATION AGREEMENT END OF NF I ORMATION FOR BIDDERS • 1 • ' BID FORM • ' Name of Don Schnieders Excavating Company, ' 1307 Fairgrounds Road Address of Bidder Jefferson City, MO 65109 ' To: CITY OF JEFFERSON . 320 East'McCarty Street Jefferson City, Missouri 65101 THE UNDERSIGNED BIDDER, having examined the plans,specifications, regulations of the Contract, Special' Conditions, other proposed contract documents and all ' addenda thereto;and being acquainted with and fully understanding (a)the extent and character of the work covered by this Bid;,(b)the location, arrangement, and specified requirements for the proposed work; '(c) the location, character, and condition of ' .existing streets, roads, highways, railroads, pavements, surfacing, walks, driveways, curbs, gutters, trees, sewers, utilities, drainage courses, structures, and other installations, both surface and.underground which may affect or be affected by the proposed work; (d) the nature and extent of the-excavations to be made.and the type, character, and general condition of materials to be excavated; (e) %the necessary • handling and rehandling of excavated materials; (f)the location and extent of necessary ' or probable dewatering requirements; (g)the difficulties and hazards to the work which might be caused by storm and flood water; (h) local conditions relative to labor, transportation,hauling,and rail delivery facilities;and(i)all other factors and conditions ' affecting or which.may be affected by the work. HEREBY PROPOSED to furnish all required materials,supplies, equipment,tools,and plant; to perform all necessary labor and supervision; and to construct, install, erect, and complete all work stipulated,required by, and in accordance with the proposed contract documents and the drawings, specifications, and other documents referred to therein (as altered, amended, or modified by addenda) in the manner and time prescribed and that he will accept in full payment sums determined by applying to the ' quantities .of the following items, the following unit prices and/or any lump sum payments provided, plus or minus any special payments and adjustments provided in the specifications and he understands that the estimated quantities herein given are 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: ' Page 1 of 3 CITY OF JEFFERSON • ITEMIZED BID FORM (REVISED 3/21/2007) ' FAIRGROUNDS ROAD AND COUNTY PARK GREENWAY TRAIL STATE PROJECT NO. STP-3100 (513) PROJECT NO. 32087 ' ITEM APPROX. UNIT NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT ' 1 Mobilization LS 1 15,394.00 15,394.00 2 Construction Signage and Traffic Control LS 1 3,580.00 3,580.00 3 Silt Fence LF 1,000 1.84 1,840.00 4 Removals LS 1 7,205.00 7,205.00 ' 5 Grading LS 1 55,324.00 55,324.00 6 Rock Excavation CY 30 100.00 3,000.00 ' 7 Sub Grade Stabilization TON 50 20.00 1,000.00 ' 8 Solid Modular Block Wall SFF 863 16.39 14,144.57 9 Solid Block Wall Cap LF 305 5.36 1,634.80 • 10 Type"A" Curb and Gutter LF 2,629 15.30 40,223.70 11 4'x 3'Type A Inlet EA 3 2,380.00 7,140.00 ' 12 6'x 3'Type A Inlet EA 1 2,420.00 2,420.00 13 Tx 3'Junction Box EA 1 1,500.00 1,500.00 14 Modify Inlet"1" LS 1 1,000.00 1,000.00 15 15"Dia. HDPE Pipe LF 112 20.00 2,240.00 ' 16 15" Round Equivalent CS Arched Pipe LF 62 22.00 1,364.00 17 15" Dia. RCP, Class III LF 81 52.00 4,212.00 ' 18 24"Dia. RCP, Class III LF 92 55.00 5,060.00 19 Steel End Section for 15 CSP EA 3 175.00 525.00 20 Concrete End Section for 15" RCP EA 1 570.00 570.00 21 Cast In Place End Section, 24"Pipe EA 2 1,000.00 2,000.00 22 Permanent Turf Reinforcement SY 50 11.64 582.00 23 1'Thick Rock Blanket CY 13 39.00 507.00 ' 24 3"Thick Rolled Stone Base (Roadways) SY 1,992 5.00 9.960.00 • 25 Temporary Surfacing TON 50 20.00 1,000.00 ' 26 6"Thick PCC Residential Approach SY 54 35.25 1,903.50 ' Page 2 of 3 . ITEM APPROX. UNIT NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT 1 27 8"Thick PCC Commercial Approach SY 435 41.00 17,835.00- 28 6"Thick PCC Residential / Commercial Drive SY 646 32.00 20,672.00 ' 29 T'Thick PCC Pavement (Street Widening) SY 941 36.10 33,970.10 ' 30 7"Thick High Early Strength PCC Pavement SY 27 58.50 1,579.50 31 Cold Milling (Asphalt) SY 740 5.25 3,885.00 32 AC Base TON 1,221 49.00 59,829.00 33 AC Surface BP-1 TON 305 58.00 17,690.00 ' 34 4"Thick Rolled Stone Base (Trail) SY 3,290 5.40 17,766.00 35 6"Thick PCC Trail SY 3,290 27.50 90,475.00 36 4"Thick PCC Sidewalk SY 91 33.00 3,003.00 t. 37 6" PCC Trail/Sidewalk Ramps SY 113 33.50 3,785.50 ' 38 Detectable Warning Panels SF 94 36.00 3,384.00 39 Relocate Fire Hydrent EA 1 1,000.00 1,000.00 • 40 6" Dia. Water Line Relocatation LS 1 1,500.00 1,500.00 41 Block Column EA 2 710.00 1,420.00 42 Post and Chain Gate EA 2 800.00 1,600.00 43 Adjust Utility Valves/Meters EA 10 200.00 2,000.00 ' 44 Adjust Pull Boxes EA 1 1,200.00 1,200.00 45 Strawbale Ditch Checks EA 2 90.00 180.00 46 Temporary Mulch SY 800 2.60 2,080.00 47 Single Net Straw Blanket SY 520.0 2.00 1,040.00 48 Hydroseeding AC 2.4 1,750.00 4,200.00 TOTAL BASE BID 475,423.67 ' ALTERNATE A-Trail from Sta. 33+22 to 45+57 ' 50 Construction Signage and Traffic Control LS 1 700.00 700.00 51 Removals LS 1 700.00 700.00 52 Grading LS 1 5,575.00 5,575.00 53 Sub Grade Stabilization TON 10 20.00 200.00 54 Type A Curb and Gutter LF 50 15.30 765.00 55 Nyloplast In Line Drain EA 1 500.00 500.00 Page 3 of 3 ITEM APPROX. UNIT NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT 56 Cast in Place End Section for 15" Pipe EA 2 1,000.00 2,000.00 ' 57 Modify Inlet"K" LS 1 500.00 500.00 58 Modify Inlet"L" LS 1 500.00 500.00 59 15"HDPE Pipe LF 63 25.00 1,575.00 60 4 Thick Rolled Stone Base SY 1,212 5.40 6,544.80 61 6"Thick PCC Trail SY 1,212 27.50 33,330.00 62 6" PCC Trail/Sidewalk Ramps SY 112 33.50 3,752.00 . 63 Detectable Warning Panels SF 50 36.00 1,800.00 64 Adjust Pull Boxes EA 2 1,200.00 2,400.00 ' 65 Temporary Mulch SY 300 2.60 780.00 66 Hydroseeding AC 0.5 1,750.00 875.00 TOTAL ALTERNATE A 62,496.80 3127/07 ' • Signature of Bidder Date 1 • 1 ' SUBCONTRACTORS • If the Bidder intends to use any subcontractors in the course of the construction, he shall list them. pha t, Meyer Electric, Matt Rademan CompanY TIME OF COMPLETION The undersigned 1herdby agrees to complete the project within 60 working days, subject to the stipulations of the regulations of the Contract and the Special Provisions. It is understood and agreed that if this bid is accepted,the prices quoted above include all applicable state taxes and that said taxes shall be paid by the Contractor. The undersigned, as Bidder, hereby declares that the only persons or firms interested in the bid as principal or principals is or are named herein and that no other persons or firms than herein mentioned have any interest in this bid or in the Contract to be entered into; and this bid is made without connection with any other person, company, ' or parties making a bid; and that it is in all respects fair and,in good faith, without collusion or fraud. ' • The undersigned agrees that the accompanying bid deposit shall become the property -.of the Owner, should he fail or refuse to execute the Contract orfumish Bond as called for in the specifications within the time provided. ' If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within sixty (60) days after the date of opening of bids, or any time ' thereafter before this bid is withdrawn, the undersigned will, within ten (10) days after the date of such mailing, telegraphing, or delivering of such notice, execute and deliver a Contract in the form of Contract attached. 1 The undersigned hereby designates as his office to which such notice of acceptance may be mailed, telegraphed, or delivered: 1307 Fairgrounds Road, Jefferson City, MO 65109 ' It is understood and agreed that this bid may be withdrawn at any time prior to the scheduled time for the opening of bids or any authorized postponement thereof. ' Attached hereto is a Bid Bond for the sum of 5% of bid amount 1 Dollars (cashier's check), make payable to the City of Jefferson. • ' Signature of Bidder: • If an individual, , doing business as If a partnership, ; member of firm. by Jf:corporation, Don Schnieders Excavating Company, Inc. by Title Vice President ' SEAL • 1307 Fairgrounds Road Business Address of Bidder Jefferson City, MO . 65109 If Bidder is a corporation, supply the following information: State in which incorporated Missouri Name and Address of its: ' President Mary Jane M. Rhea 1307 Fairgrounds Road Jefferson City, MO 65109 ' Secretary Ann F. Bax 1307 Fairgrounds Road ' Jefferson City, MO 65109 Date March 26, 2007 1 • BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,__Don Schnieders Excavating Company, Inc. _____as Principal, and Safeco Insurance Company of America as Surety, are hereby held and firmly bound unto the CITY OF JEFFERSON, MISSOURI , as -owner, in the penal sum Of Five Percent of Amount Bid (5%) for the payment of which, well and ' truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns,this 27th day of March , 20007 1 The condition of the above obligation is such that whereas the Principal has submitted to the CITY OF JEFFERSON, MISSOURI a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing,for the project entitled: ' "Project No. 32087, Fairground Road and County Park Greenway Trait" NOW,THEREFORE, (a) if said Bid shall be'rejected, or in the alternate, ' (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid)and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or ' • fumishing materials in connection therewith, shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void,otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall,in no event, exceed the penal amount of this obligation as herein stated. ' The Surety,for value received,hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by the extension of the time within which the Owner may accept such Bid;and said Surety does hereby waive notice of any such ' extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands ' and seals,and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers,the day and year first set forth above. Don Schnieders Excavating Company, Inc!.s ' Prind al By: ��-. U ' SEAL Safeco Insurance Company ofAmenca Sur ' Kris . Bennett, Attorney-in-Fact • �. S A F E d O• SAFECO Insurance Company ' Box Se WA 9 � Seattle,WA 98124-1526 1 ACKNOWLEDGMENT BY SURETY STATE OF Missouri ss. County of Cole ' On this 27th day of March 2007 before me personally appeared Kris L. Bennett known to, me to be the Attorney-in-Fact of SAFECO INSURANCE COMPANY OF AMERICA, GENERAL INSURANCE COMPANY OF AMERICA; FIRST NATIONAL INSURANCE COMPANY OF AMERICA or SAFECO NATIONAL INSURANCE COMPANY the corporation that executed the within instrument,and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, 1 have hereunto set my.hand and affixed my official seal, at my office in the aforesaid County,the day and ' year in this certificate first above written. r ' Notary Public in the State of Missouri tl (Seal) County of Osage NOTARY PU JANET HSLAG -NOTARY SEAL STATE OF MISSOURI @ OSK0E;COUNT- 2L22MM�S!ON G-XARES: OCT. 18,2010 1 ' S-0230JSAEF 10199 ®A registered trademark of SAFECO Corporation FRP S A F E C POWER SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA ' OF ATTORNEY HOME OFFICE: SAFECO PLAZA SEATTLE,WASHINGTON 98185 ' • No. 5462 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation, does each hereby appoint ' •xxxxxssxxscsxexxxsx:*xxLOUIS A.LANDWEHR;KRIS L BENNETT;CIIARLES E.TRABUE;BEV BACKERS;Jefferson City,Missounxxxxxxxxxxxxxxxxxxxxsxx its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 16th day of June 2003 1 c � `-�` CHRISTINE MEAD,SECRETARY MIKE MCGAVICK,PRESIDENT ' CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 1 "Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business._..On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority ' or on any bond or undertaking of the company,the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, �wever,that the seal shall not be necessary to the validity of any such instrument or undertaking" Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. On any certificate executed by the Secretary or an assistant secretary ofthe Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attomey appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attomey appointment is in full force and effect, ' the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto, ' are true and correct,and that both the By-Laws,the Resolution and the Power of Attomey are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation ' this 27th dayof March 2007 SJ�P�CE COMp�` �+y � � CORPORICTE �� SEAL SEAL E X ' ar 1953 1210 AlFOlt MIASM ��0(V1fdS CHRISTINE MEAD,SECRETARY • ' S-0974/SAEF 2/01 ®A registered trademark of SAFECO Corporation ' 0611612003 PDF • 1 ' IMPORTANT SURETY BOND INFORMATION MISSOURI Your Safeco agent is a professional independent Insurance Agent. If you have 1 specific questions about your Surety Bond, you may direct them to your agent. MISSOURI SPECIFIC QUESTIONS If you have been unable-to contact or obtain information from your agent, you may contact Safeco at the following address and telephone: ' AMERICAN STATES INSURANCE COMPANY SAFECO INSURANCE COMPANY OF AMERICA 1 GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA Safeco Center lie 1191 Second.Avenue,'Suite 300 Seattle, WA 98101 ' Mailing Address: P.O. Box 34670 Seattle, WA 98124-1670 1 Telephone #206-473-3799 1 S-3655/SAEF 1/07 FRP 1 1 i 1 1 ANTI-COLLUSION STATEMENT 1 STATE OF Missouri ) COUNTY OF Cole ) Donald E. Rhea being first duly swom, deposes and says that he is vice President of 1 TITLE OF PERSON SIGNING Don Schnieders Excavating Company,. Inc. ' NAME OF-BIDDER that all statements made and facts set out in the bid for the above project are true and ' correct; and that the bidder (the person, firm, association, or corporation making said .bid)has not, either directly or indirectly,entered into any agreement, participated in any collusion, or otherwise taken any action.in restraint of free competitive bidding in ' connection.with such bid of any contract which result from its acceptance. Affiant further certifies that bidder is not financially interested in, or financially affiliated with, any other bidder for the above project. (BY)--- (BY) ' Sworn to before me this day of ylo w h , 200]_ . �J NOTARY PUBLIC 1 QER!D.BERHORST Notary Public-Notary Seal State of Missouri-CouMy of Calloway My commission expires: ►�'Commission Expires Apr.30,200 CONTRACTOR'S AFFIDAVIT • ' This affidavit is hereby made a part of the Bid, and an executed copy thereof shall accompany each Bid submitted. STATE OF Missouri ) ' ') ss COUNTY-OF Cole ) The undersigned, Donald E. Rhea ' of lawful age, being first duly sworn states upon oath that he is Vice President of Don Schnieders Excavating Company, Inc. the contractor submitting he attached bid that he know of i g s his own knowledge and states it to be a fact that neither said bid nor the computation upon which it is based • include any amount of monies, estimate or allowance representing wages, moneys or expenses, however designated, proposed to be paid to persons who are not required ' to fumish material or actually perform services upon or as a part of the proposed project. AFFIANT Subscribed and swom to before me, a Notary Public, in and for the County and State 1 aforesaid, this day of CY10�,r.h , 20.01 ' NOTARY PUBLIC GERI D.BERHORBT Notary Ile.Notary Seal State of Missouri•Courrty of CaN W My Commission Expires: Commleslon Iree A r.3o,240 • l I • DISADVANTAGED BUSINESS ENTERPRISE (DBE) CONTRACT PROVISIONS 1.0 Disadvantaged Business Enterprise (DBE) Program Requirements. The subsequent Sections will apply only to this contract since it involves U.S. Department of I Transportation (USDOT) federal-aid or federal financial participation. Federal-aid or federal financial participation includes, but is not limited to, any funds directly or indirectly received by the Local Public Agency, or authorized for distribution through ' MoDOT, by the USDOT or any operating administration within the USDOT. Any contractor, .subcontractor, supplier, DBE firm, and contract surety involved in the performance of this federal-aid contract shall be aware of and fully understand the terms ' and conditions of the USDOT DBE Program, as the terms appear in Title 49 Code of Federal Regulations (CFR) Part 26 (as amended), the USDOT DBE Program regulations; Title 7 Code of State Regulations (CSR) Division 10, Chapter 8 (as amended),MoDOT's ' DBE Program rules. 2.0 DBE Program Information. DBE Program information may be obtained from the ' MoDOT External Civil Rights Administrator, 1617 Missouri Blvd, P.O. Box 270, Jefferson City, Missouri 65109. Phone (573) 751-7801, Fax (573) 526-0558, E- Mail: dbe(ar modot.mo.2ov. It will be the duty of each contractor, for the contractor and for the contractor's subrecipients and surety, to take the steps necessary to determine the legal obligations and limitations under the DBE Program, as an element of responsibility. It will be the duty of each certified DBE firm to know, understand and comply with the DBE firm's legal obligations and limitations under the DBE Program, as a requirement of • program participation. A surety providing a bid or contract bond will be bound by those bonds to the duties of the surety's principal. ' 3.0 DBE Program Distinguished From Other Affirmative Action Programs. _The . USDOT DBE Program established by the U.S. Congress is not the same as, and does not involve or utilize, any of the elements or authority of other state or local affirmative ' action programs. The USDOT DBE Program is implemented by the Local Public Agency and MoDOT, through and in conjunction with the Federal Highway Administration,Federal Transit Administration and Federal Aviation Administration, as a ' "recipient" defined in Title 49 CFR 26.5. 4.0 Policy Regarding DBE Firms. It is the policy of the U. S. Department of Transportation and MoDOT that businesses owned by socially and economically disadvantaged individuals have an opportunity to participate in the performance of contracts financed in whole or in part with federal funds. Consequently, the requirements ' of 49 CFR Part 26 (as amended) and MoDOT`s implementing state regulations in Title 7 CSR Division 10, Chapter 8, "Disadvantaged Business Enterprise Program", will apply to any contract.with federal funds. 5.0 Opportunity for DBEs to Participate. Each contractor, subcontractor and supplier working on a contract financed in whole or in part with federal funds shall take all necessary and reasonable steps to ensure that DBEs have an opportunity to compete for, and participate in performance on project contracts and subcontracts. • 6.0 Required Contract Provision. This federal-aid contract will include the following • provision, as mandated by USDOT at Title 49 CFR 26.13(b): ' (a) The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of the contract. The ' contractor shall carry out applicable requirements-of 49 CFR Part 26 in the award and administration of USDOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of the contract, which may result in the termination of the contract or such other remedy, as the recipient deems appropriate. In this provision, "contractor" will be defined as the contractor on the contract; "subrecipient" will be defined as any subcontractor performing the work. For the purposes of any federal-aid contract awarded by the Local Public Agency, "the recipient" will be defined as either the Local Public Agency, or MoDOT, or both. The contractor ' shall include this same contract provision in every supply contract or subcontract the contractor makes or executes with a subrecipient. 7.0 Bank Services. The contractor, and each subrecipient on this federal-aid contract, is , encouraged to use the services of banks owned and controlled by socially and economically disadvantaged individuals. Such banking services, and the fees charged for ' services, typically will not be eligible for DBE Program contract goal credit. Any questions on this subject should be directed to the MoDOT External Civil Rights Administrator. See Section 2.0. • ' 8.0 DBE Certification, and the .Missouri Regional Certification Committee (MRCC). At present, the only DBE firms eligible to perform work on a federal-aid ' contract for DBE contract goal credit are firms certified by MoDOT. When the MRCC takes effect in Missouri pursuant to 49 CFR 26.81 and 7 CSR 10-8.061, certification of a firm as a DBE by the Missouri UCP members will be equivalent to DBE certification by MoDOT. , 9.0 DBE Program-Related Certifications Made By Bidders and Contractors. If the bidder makes a written, express disclaimer of one or more certifications or assurances in ' the "DBE Submittal" forms, that submission will be considered non-responsive. By submitting a bid with DBE information on any project involving USDOT federal financial participation, and by entering into any contract on the basis of that bid, the ' contractor makes each of the following DBE Program-related certifications and assurances to USDOT, to the Local Public Agency, and to MoDOT: (a) The bidder certifies that management and bidding officers have reviewed and ' understand the bidding and project construction and administration obligations of the USDOT DBE Program regulations at Title 49 CFR Part 26 (as amended), the USDOT , DBE Program regulations; Title 7 CSR Division 10, Chapter 8 (as amended), and the MoDOT's DBE Program rules. The bidder further certifies. that the contractors management personnel on the project understand and are familiar with the requirements ' of these federal and state DBE Program regulations; and if the bidder was not familiar • I • with or did not understand the requirements of these regulations, they have contacted the ' External Civil Rights Unit of MoDOT and have been informed as to their duties and obligations under the DBE Program regulations. (b) The bidder certifies that the bidder has complied with the federal and state DBE Program requirements in submitting the "DBE Submittal" forms, and will comply fully with these requirements in performing any federal-aid contract awarded on the basis ' of that submission. (c) The bidder agrees to ensure that certified DBE firms have a full and fair ' opportunity to participate in the performance of this contract. The bidder certifies that all necessary and reasonable steps were taken to ensure that.DBE firms have an opportunity to compete for, and perform work on this contract. The bidder further certifies that the .bidder has not and will not discriminate on the basis of race;color, age, national origin or sex in the performance of this contract, or in the award of any subcontract. ' (d) The bidder certifies, under penalty of perjury and other applicable penal laws that if awarded this federal-aid contract, the contractor will make a good faith effort to utilize certified DBE firms to perform DBE work at or above the amount or percentage of the dollar value specified in the bidding documents. The bidder further certifies the bidder's understanding that the bidder may not unilaterally terminate, substitute for, or replace any DBE firm that was designated in the executed contract, in whole or in any ' • part, with another DBE, any non-DBE firm or with the contractor's own forces or those of an affiliate of the contractor, without the prior written consent of MoDOT as set out . below. (e) The bidder certifies, under penalty of perjury and other applicable penal laws that a good faith effort was made to obtain DBE participation in this contract, at or above the DBE participation contract goal. The bidder further certifies, under penalty of perjury ' and other applicable penal laws, that if the bidder is not able to meet the MoDOT's specified DBE contract goal by the time the proposed DBE participation infonnation must be submitted, within three business days after bid opening, the bidder has submitted with and as a part of the bid, a true, accurate, complete and detailed written explanation of all its good faith efforts taken to meet the DBE contract goal. ' (t) The bidder understands and agrees that if awarded this contract the contractor is legally responsible to ensure that the contractor and each DBE subcontractor and supplier, comply fully with all regulatory and contractual requirements of the USDOT DBE Program, and that each DBE firm participating in this contract fully performs the designated tasks, with the DBE's own forces and equipment, under the DBE's own direct supervision and management. The.bidder certifies, under penalty of perjury and other ' applicable penal laws, that if it awarded this contract and if MoDOT or the Local Public Agency determine that the contractor, a DBE or any other firm retained by the contractor has failed to comply with the DBE Program requirements or federal or state DBE ' Program regulations, the Local Public Agency, through MoDOT, shall have the sole authority and discretion to determine the extent of the monetary value to which the DBE • 1 contract goals have not been met, and to assess against and withhold monetary damages • from the contractor in the full amount of that breach. The Local Public Agency, through ' MoDOT, may impose any other remedies available at law or provided in the contract in the event of a contract breach. The bidder further understands and agrees that this clause authorizes the Local Public Agency, through MoDOT, to determine and fix the extent of the damages caused by a breach of any contractual or regulatory DBE Program requirement and that the damage assessment will be enforced in addition to, and not in lieu of, any other general liquidated damages clause in this contract. By submitting a bid ' for this federal-aid contract, and by entering into this contract, the bidder irrevocably agrees to such an assessment of liquidated damages for DBE Program purposes, and authorizes the Local Public Agency and MoDOT to make such an assessment of , liquidated damages against the contractor, and to collect that assessment from any sums due the contractor under this contract, or any other contract, or by other legal process. The bidder makes this certification, agreement and authorization on behalf of itself, its ' subcontractors and suppliers, and the bid bond and contract bond sureties, for this federal-aid contract. (g) The surety upon any bid or contract bond acknowledges the surety is held and , firmly bound to the Local Public Agency for each and every duty of the surety's principal provided in any bid or contract regarding the DBE program. ' 10.0 Designation of DBE firms to perform on contract The bidder states and certifies, under penalty of perjury or other applicable penal laws, that the DBE participation • ' information submitted in the bid or within the stated time thereafter is true, correct and complete and that the information provided includes the names of all DBE firms that will participate in the contract, the specific line item (s) that each DBE firm will perform, and ' the creditable dollar amounts of the participation of each DBE. The specific line item must reference the MoDOT line number and item number contained in the proposal. The bidder further states and certifies that the bidder has committed to use each DBE firm , listed for the work shown to meet the DBE contract goal and that each DBE firm listed has clearly confirmed that the DBE firm will participate in and perform the work, with the DBE's own forces. Award of the contract will be conditioned upon meeting these and other listed requirements of 49 CFR 26.53. ' (a) The bidder certifies the bidder's understanding that as the contractor on a contract funded in whole or in part by USDOT federal funds, the bidder may not ' unilaterally terminate, substitute for, or replace any DBE firm that was designated in the executed contract, in whole or in any part, with another DBE, any non-DBE firm or with the contractor's own forces or those of an affiliate, without the prior written consent of MoDOT. The bidder understands it must receive approval in writing from MoDOT for the termination of a DBE firm, or the substitution or replacement of a DBE before any substitute or replacement firm may begin work on the project in lieu of the DBE firm ' participation information listed in the executed contract, (1) The bidder further certifies the bidder's understanding, that if a DBE ' firm listed in the bid or approved in the executed contract documents ceases to be • • certified at any time during the performance of the contract work, and a contract or subcontract with that firm has not yet been executed by the prime and subcontractor, the contractor can not count any work performed by that firm after the date of the firm's loss of eligibility toward meeting the DBE contract goal. However, if the contractor has executed a subcontract with the firm before the DBE lost eligibility and ceased to be a certified DBE, the contractor may continue to receive credit toward the DBE contract . goal for that firm's work. -(2) The bidder- further certifies the bidder's understanding, that if a DBE subcontractor is terminated, or fails, refuses or is unable to complete the work on this contract for any reason, the contractor must promptly request authority to substitute or replace that firm. The request shall include written documentation that the DBE firm is unwilling or unable to perform the specified contract work. The contractor shall make I good faith efforts to find another DBE subcontractor to substitute or replace the dollar amount of the work that was to have been performed by the DBE firm. The good faith efforts shall be directed at finding another DBE to perform the same, or more, dollar amount of work that the DBE firm that=was terminated was to have performed under the executed contract. The substitute or replacement DBE firm may be retained to perform the same or different contract work from that which the terminated firm was to have ' performed. The contractor shall obtain approval from MoDOT in writing before the replacement or termination of one firm with another before the work will count toward the project DBE goal. ' • (3) The bidder further certifies the bidder's understanding, that the dollar value of any work completed by a DBE firm prior to approval of the DBE's substitution or replacement, in writing, by MoDOT will not be credited toward meeting the DBE ' contract goal. The contractor will remain subject to appropriate administrative remedies, including but not limited to, liquidated damages for the full dollar amount that the DBE contract goal is not met. Liquidated damages will also be assessed against the contractor ' if the original, substitute or replacement DBE firms perform the.required contract work, but are not paid in full for some or all of that work by the contractor, including back charges. No credit toward the DBE goal will be given for any amount withheld from ' payment to the DBE or "back charged" against monies owed to the DBE, regardless of the purpose or asserted debt. ' 11.0 Good Faith Effort to Secure DBE Services. The bidder shall make a good faith effort to seek DBEs in a reasonable geographic area to where the solicitation for subcontracts and material is made. If the bidder cannot meet the goals using DBEs from that geographic area, the bidder shall, as a part of the effort to meet the goal, expand.the search to a wider geographic area. ' 11.1 Bidding Procedure. The following bidding procedure shall apply to this contract, for DBE program compliance purposes. ' 11.2 Contract Goal, Good Faith Efforts Specified. As a matter of responsiveness and responsibility, the apparent low and second low bidder shall file the completed "DBE • Submittal" pages with the Local Public Agency on or before 4:00 p.m. of the third • business day after the bid opening date, directly to the address specified on the "DBE ' Submittal" forms. No extension of time will be allowed for any reason. The means of transmittal and the risk of timely receipt of the information shall be the bidder's responsibility. ' 11.3 Bid Rejection, Bid Security Disposition. The failure of either the apparent low bidder or the second low bidder to file the completed and executed "DBE Submittal", ' listing actual, committed DBE participation equal to or greater than the specified DBE contract goal percentage, by 4:00 p.m. on the third business day after the bid opening, will be cause for rejection of that bid, and the bid surety bond or bid guaranty of that ' bidder will be forfeited to and become the property of the Local Public Agency upon Local Public Agency demand. (a) Any bidder rejected for failure to submit the completed and executed "DBE ' Submittal" forms in the bidding documents, with full documentation of sufficient DBE participation to satisfy the DBE contract goal cannot submit a bid on the same, or ' substantially similar, project, when and if the project is re-advertised for bids. By submitting a bid on this federal-aid project, the bidder accepts and agrees to this provision, and the disposition of the bidders bid bond or guaranty, on behalf of the bidder ' and the bidders bid surety or guaranty. (b) The surety separately acknowledges the surety to be held and firmly bound to • ' the Local Public Agency to immediately upon demand pay to the Local Public Agency the face amount of the bid bond. 11.4 Good Faith Efforts Described. If the bidder cannot obtain sufficient DBE ' participation to meet the DBE contract goal, the bidder must list all good faith efforts it made to obtain the DBE participation for this contract. Good faith efforts to meet the DBE contract goal may include, but are not limited to,the following: ' (a) Attending a pre-bid meeting, if any, scheduled by the department to inform DBEs of contracting and subcontracting opportunities; ' (b) Advertising in general circulation trade association and socially and economically disadvantaged business directed media concerning subcontracting , opportunities. (c) Providing written notice to a reasonable number of specific DBEs so that the DBE's interest in the contract are solicited in sufficient time to allow the firm to participate effectively; (d) Following-up on initial written notice or solicitations of interest by contacting ' DBEs to determine with certainty whether the DBEs were interested. 1 (e) Maintaining documentation of responses received in the effort to solicit DBE participation. (f) Selecting portions of work to be performed by DBEs to increase the likelihood of meeting the DBE goal, including, where appropriate, breaking down contracts into economically feasible units to facilitate DBE participation. t (g) Providing interested DBEs adequate information about plans, specifications and requirements of the contract. (h) Negotiating in good faith with interested DBEs, not rejecting DBEs as unqualified without sound business reasons based on a thorough investigation of the DBE's capabilities. (i) Making efforts to assist interested DBEs in obtaining bonding, lines of credit or insurance required by MoDOT or by the bidder. (}) Making effective use of available disadvantaged business organizations, ' minority bidders' groups, local, state and federal disadvantaged business assistance offices, MoDOT and other organizations that provide assistance in the recruitment and placement of DBEs. ' 11.5 Documentation, and Administrative Reconsideration of the Bidder's Good Faith Efforts. In the "DBE Submittal" forms, the bidder has the opportunity and ' responsibility to provide certified written documentation as to whether the bidder made a good faith effort to meet the DBE contract goal. Any bidder that has not met the DBE contract goal must complete the."Certification of Good Faith Efforts to Obtain DBE ' Participation" as part of the "DBE Submittal" forms. The "DBE .Submittal" forms including that certification shall be submitted to the Local Public Agency on or before 4:00 p.m. of the third business day after the bid opening date, directly to the address ' specified on the "DBE Submittal" forms. The complete and signed original documents shall be mailed to the Local Public Agency no later than the day of any telefax transmission. No extension of time will be allowed for any reason. The means of transmittal and the risk of timely receipt of the information shall be the bidder's responsibility. The bidder shall attach additional pages to the "DBE Submittal" forms, if necessary, in order to fully detail specific good faith efforts made to obtain certified DBE firm participation in the proposed,contract work. If the apparent low bidder appears to have failed to adequately document in the "DBE Submittal" forms that the bidder made a good faith effort to achieve sufficient DBE participation in the contract work, that firm will be offered the opportunity for administrative reconsideration upon written request, before the Local Public Agency rejects that bid as non-responsive. However, regardless of the DBE contract goal participation level proposed by the bidder, or the extent of good ' faith efforts shown, the apparent low and second low bidders shall each file timely and separately their completed and executed "DBE Submittal" forms, or face potential sanctions and the bid bond or guaranty as specified in Section 10.0 of these provisions, ' may become the property of the Local Public Agency subject to the Local Public Agency's demand. 1 12.0 DBE Participation for Contract Goal Credit. DBE participation on this contract • will count toward meeting the DBE contract goal as follows: ' (a) The applicable percentage of the total dollar value of this contract or ' subcontract awarded to the DBE will be counted toward meeting the DBE contract goal, only if that firm is certified by MoDOT as a DBE at the time the contract or subcontract is executed, and only for the value of the work, goods or services that are actually performed, or provided, by the DBE firm itself. ' (b) When a DBE performs work as a participant in a joint venture, the contractor may count toward the DBE goal only that portion of the total dollar value of this contract ' equal to the distinct, clearly defined portion of the contract work that the DBE has performed with the DBE's own forces. The MoDOT External Civil Rights Administrator shall be contacted in advance regarding any joint venture involving both a ' DBE firm and a non-DBE firm to review and approve the contractor's organizational structure and proposed operation. When a DBE subcontracts part of the work of this contract to another firm, the value of that subcontracted work may be counted toward the ' DBE contract goal only if the DBE's subcontractor at a lower tier is a MoDOT certified DBE. Work that a DBE subcontracts to a non-DBE firm will not count toward the DBE contract goal. The cost of supplies and equipment a DBE subcontractor purchases or ' leases from the prime contractor or the prime's affiliated firms, or from another non-DBE subcontractor, will not count toward the DBE contract goal. (c) The contractor may count expenditures to a DBE subrecipient toward the DBE t contract goal only if the DBE performs a commercially useful function on that contract. (d) A contractor may not count the participation of a DBE subcontractor toward ' the contractor's final compliance with the contractor's DBE contract goal obligations until the amount being counted has actually been paid to the DBE. A contractor may ' count 60 percent of the contractor's expenditures actually paid for material and supplies obtained from a DBE certified by MoDOT as a regular dealer, and 100 percent of such expenditures actually paid for materials and supplies obtained from a certified DBE manufacturer. (1) A regular dealer will be defined as a firm that owns, operates, or maintains a store, warehouse or other establishment in which the material, supplies, ' articles or equipment required and used under the contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business. To be a regular dealer, the DBE firm shall be an established, regular business that engages, as its ' principal business and under its own name, in the purchase and sale or lease of the products in question. Packagers, brokers, manufacturers' representatives, or other persons who arrange or expedite transactions will not be considered regular dealers. , (2) A DBE firm may be a regular dealer in such bulk items as petroleum products, steel, cement, gravel, stone or asphalt, without owning, operating or maintaining a place of business where it keeps such items in stock, if the DBE both owns • • and operates distribution equipment for the products it sells and provides for the contract work.. Any supplementation of a regular dealer's own distribution equipment shall be by a long-term lease agreement, and not on an ad trot or contract-by-contract basis. (3) If a DBE is a regular dealer and is used for the DBE contract goal credit, no additional credit will be given for hauling or delivery to the project site for goods or materials sold by that DBE regular dealer. Those delivery costs shall be deemed included in the price charged for the goods or materials by the regular dealer, who shall be responsible.for their distribution. ' (4) A manufacturer will be defined as a firm that operates or maintains a factory or establishment that produces on the premises,the material, supplies, articles or equipment required under this contract and of the general character described by the M project specifications. A manufacturer will include firms that produce finished goods or products from raw or unfinished material, or that purchases and substantially alters goods and materials to make them suitable for construction use before reselling them. (e) A contractor may count toward the DBE contract goal the following expenditures to certified DBE firms that are not "regular dealers" or"manufacturers" for ' DBE program purposes: (1) The contractor may count toward the DBE contract goal the entire amount of fees or commissions charged by a certified DBE firm for providing a bona fide • service, such as professional, technical, consultant or managerial services, or for providing bonds or insurance specifically required for the performance of the federal-aid contract, if the fee is reasonable and not excessive, compared with fees customarily 1 charged for similar services. (2) The contractor may count toward the DBE contract goal the entire 1 amount of that portion of the construction contract that is performed by the DBE's own forces and equipment, under the DBE's supervision. This includes the cost of supplies and material ordered and paid for by the DBE for contract work, including supplies 1 purchased or equipment leased by the DBE except supplies and equipment a DBE subcontractor purchases or leases from the prime contractor or its affiliates. 1 (f) A contractor may count toward the DBE contract goal 100 percent of the fees paid to a certified DBE trucker or hauler for delivery of material and supplies required on a job site, but not for. the cost of those materials or supplies themselves, or for..the 1 removal or relocation of excess material from or at the job site, when the DBE certified trucking company is not also the manufacturer of or a regular dealer in those material and supplies, provided that the trucking or hauling fee is determined by MoDOT to be 1 reasonable as compared with fees customarily charged by non-DBE firms for similar services. The certified DBE trucking firm shall also perform a commercially useful functioncommercially useful function on the project and not operate merely as a pass 1 through for the purposes of gaining credit toward the contract DBE goal. Prior to submitting a bid, the contractor shall determine, or contact the MoDOT External Civil 1 i 1 Rights Administrator for assistance in determining, whether a DBE trucking firm will • meet the criteria for performing a commercially useful function on the project. , (g) The contractor will receive DBE contract goal credit for the fees or commissions charged by and paid to a DBE broker who arranges or expedites sales, ' leases or other project work or service arrangements, provided that those fees are determined by MoDOT to be reasonable and not excessive, as compared with fees customarily charged by non-DBE firms for similar services. A broker will be defined as ' a person or firm that does not own or operate the delivery equipment necessary to transport materials, supplies or equipment to or from a job site; a broker typically will not purchase or pay for the material, supplies or equipment, and if the broker does purchase ' or pay for those items, those costs will be reimbursed in full. In most instances, the broker is merely the entity making arrangements for delivery of material, supplies, equipment, or arranging project services. To receive DBE contract goal credit, MoDOT , must determine that the DBE broker has performed a commercially useful function in providing the contract work or service. 13.0 Performing a Commercially Useful FunctionNo credit toward the DBE contract goal will be allowed for contract payments or expenditures to a DBE firm, if that DBE firm does not perform a commercially useful function on that contract. A DBE performs ' a commercially useful function when the DBE is solely responsible for execution of a distinct element of the contract work, and the DBE actually performs, manages and supervises the work involved with the firm's own forces. To perform a commercially • , useful function, the DBE alone shall be responsible, and alone must bear the risk, for the material and supplies used on this contract, selecting a supplier or dealer from those available, negotiating price, determining quality and quantity, ordering the material and ' supplies, installing those materials with the DBE's own forces and equipment and paying for those materials and supplies. The amount the DBE firm is to be paid under this contract shall commensurate with the work the DBE actually performs and the DBE credit claimed for the DBE's performance. , 13.1 Contractor's Obligation to Monitor Commercially Useful Function ' Performance. It shall be solely the contractor's responsibility to ensure that all DBE firms perform a commercially useful function. Further, the contractor is responsible to, and shall ensure that each DBE firm fully performs the DBE's designated tasks, with the DBE's own forces and equipment, under the DBE's own direct supervision and , management. MoDOT is under no obligation to warn the contractor that a DBE's participation may not count toward the goal, other than through official notification with an opportunity for administrative reconsideration at the conclusion of the contract work. , 13.2 DBEs Must Perform a Useful and Necessary Role in Contract Completion. A DBE does not perform a commercially useful function if the DBE's role is limited to that , of an extra participant in a transaction, contract, or project through which funds are passed in order to obtain the appearance of DBE participation. • i 13.3 DBEs Must Perform The Contract Work With Their Own Workforces. If a DBE does not perform and exercise responsibility for at least 30 percent of the total cost of the DBE's contract with the DBE's own work force, or the DBE subcontracts a greater portion of the work of a contract than would be expected on the basis of normal industry ` practice for the type of work involved, MoDOT will presume that the DBE is not 1 performing a commercially useful function. 13.4 Factors Used to Determine if a DBE Trucking Firm is Performing a Commercially Useful Function. The -following factors will be used to determine whether a DBE trucking company is performing a commercially useful function (a) To perform a commercially useful function, the DBE trucking firm shall be completely responsible for the management and supervision of the entire trucking ' operation that the DBE is being paid for on the contract work. There shall not be contrived arrangement, including but not limited to, any arrangement that would not customarily exist under regular construction project subcontracting practices for the ' purpose of meeting the DBE contract goal. (b) The DBE must own and operate at least one fully licensed, insured and ' operational truck used in performance of the contract work. This does not include a supervisor's pickup truck or a similar vehicle that is not suitable for hauling the necessary materials or supplies. ' • (c) The DBE receives 100 percent contract goal credit for the total reasonable amount the DBE is paid for the transportation services provided on this contract using trucks the DBE owns, insures and operates, using drivers that the DBE employs. (d) The DBE may lease trucks from another DBE firm, including an owner- ' operator who is certified as a DBE. The DBE firm that leases trucks from another DBE will receive credit for the total fair market value actually paid for of the transportation services the lessee DBE firm provides on the contract. ' (e) The DBE may also lease trucks from a non-DBE firm, including an owner- operator. However, the DBE who leases trucks from a non-DBE is entitled to DBE contract goal credit only for the brokerage fee or commission the DBE receives as a result of the lease arrangement. The DBE will not receive credit for the total value of the transportation services provided by the non-DBE lessee. Furthermore, no DBE contract goal credit will be allowed, even for brokerage fees or commissions, where the DBE 1 leases the trucks from the prime contractor on the project or a firm owned, controlled by, or affiliated by ownership or control to, the prime contractor. (f) For purposes of this section, the lease shall indicate that the DBE firm leasing the truck has exclusive use of and control over the truck. This will not preclude the leased truck from working for others during the term of the lease with the consent of the DBE, ' provided the lease gives the DBE absolute priority for and control over the use of the • leased truck. Leased trucks shall display the name and identification number of the DBE • firm that has leased the truck at all times during the life of that lease. t 13.5 MoDOT Makes Final Determination On Whether a Commercially Useful Function Is Performed. MoDOT and the Local Public Agency will have the final ' authority to determine whether a DBE firm has performed a commercially useful function on a federal-aid contract. To determine whether a DBE is performing or has performed a commercially useful function, MoDOT will evaluate the amount of work subcontracted ' by that DBE firm or performed by other firms, and the other firms forces and equipment. Any DBE work performed by the contractor, or by employees or equipment of the contractor will be subject to disallowance under the.DBE Program, unless independent ' validity and need is demonstrated. 14.0 Verification of DBE Participation, Liquidated Damages. ' 14.1 Prior to final payment by the Local Public Agency, the contractor shall file with the Local Public Agency a detailed list showing each DBE used on the contract work, and the , work performed by each DBE. The list shall show the actual dollar amount paid to each DBE for the creditable work on this contract, less any rebates, kickbacks, deductions, withholdings or other repayments made. The list shall be certified under penalty of , perjury, or other law, to be accurate and complete. MoDOT and the Local Public Agency Will use this certification and other information available to determine if the contractor and the contractor's DBEs satisfied the DBE contract goal percentage specified in this • ' contract and the extent to which the DBEs were fully paid for that work. The contractor shall acknowledge, by the act of filing the detailed list, that the information is supplied to obtain payment regarding a federal participation contract. ' 14.2 Failure on the part of the contractor to achieve the DBE participation to which the contractor committed in this contract may result in liquidated damages being imposed on ' the contractor by the Local Public Agency for breach of contract and for non-compliance. If this contract was awarded with less than the original DBE contract goal proposed by the Local Public Agency, the revised lower amount shall become the final DBE contract goal, and that goal will be used to determine any liquidated damages to be assessed. ' Additionally, the Local Public Agency or MoDOT may impose any other administrative sanctions or remedies available at law or provided by this contract in the event of breach by the contractor by failing to satisfy the contractor's DBE contract goal commitment. ' However, no liquidated damages will be assessed, and no other administrative sanctions or remedies will be imposed when, for reasons beyond the control of the contractor and despite the good faith efforts. made by the contractor, the final DBE contract goal , participation percentage was not achieved. The contractor will be offered the opportunity for administrative reconsideration of any assessment of liquidated damages, upon written request. The administrative reconsideration officer may consider all facts presented, including the legitimacy or business reason for back charges assessed against a DBE firm, in determining the final amount of liquidated damages. • 15.0 Prompt Payment Requirements. In accordance with Title 49 CFR 26.29, the contractor shall comply with the prompt payment requirements of that regulation, Section 34.057, RSMo., the provisions of the MoDOT's rule 7 CSR 10-8.111 and this contract. By bidding on this federal-aid contract, and by accepting and executing that contract, the contractor agrees to assume these contractual obligations, and to bind the contractor's subrecipients contractually to those prompt payment requirements at the contractor's expense. 16.0 Miscellaneous DBE Program Requirements. In accordance with Title 49 CFR Part 26 and the MoDOT's DBE Program rules in Title 7 CSR Division 10, Chapter 8, the contractor, for both the contractor and for the contractor's subcontractors and suppliers, whether DBE firms or not, shall commit to comply fully with the auditing, record keeping, confidentiality, cooperation and anti-intimidation or retaliation provisions contained in those federal and state DBE Program regulations. By bidding on this federal-aid contract, and by accepting and executing that contract, the contractor agrees to assume these contractual obligations, and to bind the contractor's subrecipients contractually, at the contractor's expense. I • 1 1 • 1 ' DBE Submittal Forms • (6) DBE Submittal Forms: This form must be submitted by 4 p.m. three(3)business days after bid opening. ' (A) DBE Contract Goal: By submitting this bid, the bidder certifies that the bidder is familiar with the DBE Program Requirements in this contract. The contract DBE goal for the amount of work to be awarded is« 0.0 »%of the total federal project price. t (B) DBE Participation: The bidder certifies that it will utilize DBE's as follows: % OF TOTAL FEDERAL CONTRACT ' NOTE: Bidder must fill in the above blank. If a percentage equal to or exceeding the contract goal is specified, then the contract DBE goal becomes legally enforceable. If a ' percentage below the contract goal is specified, then the bidder must submit complete documentation of good faith efforts to meet the DBE contract goal, immediately below. ' (C) Certification of Good Faith Efforts to Obtain DBE Participation: By submitting its signed bid, the bidder certifies under penalty of perjury and other provisions of law, that the bidder took each of the following steps to try to obtain sufficient DBE participation to achieve the Commission's proposed DBE Contract Goal: (Attach additional sheets if necessary). 1 1 of 3 1 ' DBE Submittal Forms •Identification of Participating DBEs:The information shown on this page must be completed. If this page is submitted but not signed, it will ' not be cause for rejection. The apparent low and second low bidder must file this form with the by 4:00 p.m.on the third working day after the bid opening. Fax or email transmittal is permitted. The fax number is and the email address for submittal is . The original copy must be mailed by overnight mail to the Local Public Agency the day of the FAX or email transmittal. Contact External Civil Rights at(573)751-7801 for questions or assistance in completion. (Note: Submittal of this form is not required if the Contract DBE Goal is 0%) The undersigned submits the following list of DBEs to be used in accomplishing the work of this contract. The work, supplies or services, applicable value and percent of total federal contract each DBE is to perform or furnish is as follows: (A) (B) (C) (D) (E) _ (F) DBE Name&Address Bid Item numbers $Value of DBE of Work" %Of$Value $Amount Applicable to %Of Total Contract (Or Line numbers) Applicable to DBE DBE Goal for each Amount for each item (Unit Price x Quantity of Goal" item each item in B,or Lump Sum) (100%,60%) (E/Total Contract Amount) GxD 1. ' Total Total Total 2. Total Total Total 3. ' Total Total Total 1 4 ' Total Total Total IT6iaj-DBE Participation, ' ** Cannot exceed contract amount for given item of work. • ' 2of3 ' DBE Submittal Forms . (A) (B) (C) (D) (E) (F) ' DBE Name&Address Bid Item $Value of DBE of Work %Of$Value $Amount Applicable to %Of Total Contract numbers Applicable to DBE DBE Goal for each Amount for each item Goal" item 7 (Unit Price x Quantity of each item in B,or Lump (100%,60%) (C x D) (Elfotal Contract ' Sum Amount Trucking Services ' 100% - Only used if the DBE owns the trucks or is leasing from a DBE firm Trucking Services Only Include Fees for Trucking Services ' Trucks are leased from non- DBE source Brokered Services ' Only Include Fees for Brokered Services ' Totals(Page1) Totals(Page 2) ' Totals(additional pages if needed) Total DBE Participation ' '* Cannot exceed contract amount for given item of work. Company: Date: By: . Title: • ' 3 of 3 ' SUBCONTRACTOR CERTIFICATION REGARDING AFFIRMATIVE ACTION Project: Fairgrounds. Road & County Park Greenway ' Job No. Trail Route: County: e `Certification R-egarding=AffitmativeActionand=E;qual Opportunity: The bidder (prospective prime contractor)or proposed subcontractor certifies: ' 1. Affirmative Action Program: That it has developed and has on file at each of its establishments affirmative action programs pursuant to 41 CFR Part 64-2. 2. Equal Opportunity Clause: That it has participated in a previous contract or subcontract subject to the equal opportunity clause set forth in 41 CFR ' Part 69-1.4 and executive order no. 11246. 3. Compliance Reports: That it has filed with the Joint Reporting ' Committee,the Director of the Office of Federal Contract Compliance Programs and his designate,or the Equal Employment Opportunity Commission,all reports due under the applicable filing requirements contained in 41 CFR Part 60-1. If the text of the certification above is incorrect,the bidder or subcontractor making the ' certification shall correct it below: NOTE: This certification lies to and must be executed b each bidder(prospective rime applies Y (ProsPe P contractor)or proposed subcontractor if its proposed act contr or subcontract on this project will ' equal.bF exceed$10,000 or that contractor or subcontractor has contracts or subcontracts on federally assisted projects in any 12-month period which have or can reasonably be expected to have,an aggregate total value exceeding$10,000 41 CFR Part 60-13(a)(1). It is a duty and contract obligation of the prime contractor to insure that each of its subcontractors,which meet this criterion,executes and submits to the commission this certification also. Don Schnieders Excavating Company, Comp an nc. By: � �� ' Date: 3/37/07 Vice President Title ' FIG.X-5 Revised01-01-06 i AFFIDAVIT • ' COMPLIANCE WITH PREVAILING ' WAGE LAW Before me, the undersigned Notary Public, in and for the County of , iState of ;-personally came and appeared NAME POSITION of the ' NAME OF COMPANY (A corporation)(a partnership)(a proprietorship)and after being duly sworn did depose and say that all provisions and requirements set out in Chapter 290, Section 290.210 ' through and including 290.340, Missouri Revised Statutes, pertaining to the payment of wages to workmen employed on public works projects have been fully satisfied and there has been no exception to the full and complete compliance with said provisions ' and requirements and with Annual Wage Order No. 13, Section 026, Cole County in carrying out the contract and work in connection with Project No.32087,Fairground Road and County Park Greenway Trail located at Jefferson City in • Cole County, and completed on the day of , 20 Y, � P Y SIGNATURE ' Subscribed and sworn to me this day of , 20 iNOTARY PUBLIC ' My commission expires: ' STATE OF MISSOURI ) ss iCOUNTY OF ) 0 Missouri Division of Labor Standards ' WAGE AND HOUR SECTION - v r« r r r r a r• � . F, a "n 4 rOpuu surxr'"� 0� MATT BLUNT, Governor 1 Annual Wage Order No. 13 Section 026 COLE COUNTY In accordance with Section 290.262 RSMo 2000, within thirty (30) days after a certified copy of this ' Annual Wage Order has been fled with the Secretary of State as indicated below, any person who may be affected by this Annual Wage Order may object by filing an objection in triplicate with the Labor and Industrial Relations Commission, P.O. Box 599, .Jefferson City, MO 65102-0599. Such objections must set forth in writing the specific grounds of objection. Each objection shall certify that a copy has been furnished to the Division of Labor Standards, P.O. Box 449, .Jefferson City, MO 65102-0449.pursuant to 8 CSR 20-5.010(1). A certified copy of the Annual Wage Order has been filed with the Secretary of ' State of Missouri. ' Original Signed by Allen E. Dillingham, Director Division of Labor Standards This Is A True And Accurate Copy Which Was Filed With The Secretary of State: March 10,2006 ' Last Date Objections May Be Filed: April 10,2006 • Prepared by Missouri Department of Labor and Industrial Relations i _ Building Construction Rates for REPLACEMENT PAGE Section 026 ' COLE County • -Effective Basic Over- ' OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits Increase Rates Schedule Schedule . Asbestos Worker 10/06 $26.44 55 60 $13.66 Boilermaker 9/06 $28.49 57 7 $18.62 ' Bricklayers-Stone Mason 1 $25.39 59 1 7 $10.12 Carpenter $21.13 60 15 $9.58 Cement Mason $20.99 9 3 $9.31 ' Electrician Inside Wireman $26.32 28 7 $10.50+ 13% Communication Technician USE ELECTRICIAN INSIDE WIREMAN RATE Elevator Constructor a $35.815 26 54 $14.554 Operating Engineer t -Group 1 5/06 $24.62 86 66 $15.40 -Group II 5/06 $24.62 86 66 $15.40 -Group III 5/06 $23.37 86 66 $15.40 -Group III-A 5/06 $24.62 86 1 66 $15.40 ' -Group IV 5/06 $22.39 86 66 $15.40 Group V 5/06 1 $25.32 86 66 $15.40 Pipe Fitter 7/06 b $31.00 91 69 $17.93 i Glazier $15.00 FED $1.42 Laborer(Building): General $17.87 110 7 $8.43 First Semi-Skilled $19.87 110 7 $8.43 i Second Semi-Skilled 1 $18.871 110 1 7 $8.43 Lather USE CARPENTER RATE Linoleum Layer&Cutter USE CARPENTER RATE Marble Mason $25.39 59 7 $10.12 • i Millwright $22.13 60 15 $9.58 Iron Worker 8/06 $23.72 11 8 $15.02 Painter 1 $20.05 18 7 $6.92 i Plasterer $20.01 94 5 $9.10 Plumber $21.50 FED $3.20 Pile Driver $22.13 60 15 $9.58 Roofer 10/06 $25.25 12 4 $9.84 , Sheet Metal Worker 7/06 $25.55 40 23 $11.18 Sprinkler Fitter $15.25 FED $2.37 Terrazzo Worker $25.39 59 7 $10.12 Tile Setter $25.39 59 7 $10.12 i Truck Driver-Teamster Group 1 $20.50 101 5 $7.50 Group 11 $21.20 101 5 $7.50 i Group III $20.90 101 5 $7.50 Group IV $21.20 101 5 $7.50 Traffic Control Service Driver Welders-Acetylene&Electric i Fringe Benefit Percentage is of the Basic Hourly Rate Attention Workers: If you are not being paid the appropriate wage rate and fringe benefits contact the Division , of Labor Standards at(573)751-3403. *'Annual Incremental Increase i • 'SEE FOOTNOTE PAGE ANNUAL WAGE ORDER NO. 13 10/06 i i Building Construction Rates for REPLACEMENT PAGE Section 026 COLE County Footnotes ' Effective Basic Over- OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits Increase Rates Schedule Schedule 1 - Welders receive rate prescribed for the occupational title performing operation to which welding is incidental. Use Building Construction Rates on Building(s)and All Immediate Attachments.Use Heavy Construction ' rates for remainder of project. For the occupational titles not listed in Heavy.Construction Sheets,use Rates shown on Building Construction Rate Sheet. a-Vacation: Employees over 5 years-8%; Employees under 5 years-6% 'b- All work over$3.5 Million Total Mechanical Contract-$31.00,Fringes-$17.93 ' All work under$3.5 Million Total Mechanical Contract-$29.66,Fringes-$13.83 1 • 'Annual Incremental Increase ANNUAL WAGE ORDER NO.13 7106 COLE COUNTY OVERTIME SCHEDULE BUILDING CONSTRUCTION FED: Minimum requirement per Fair Labor Standards Act means time and one-half(1 %2)shall be paid for all work in excess • of forty (40)hours per work week. ' NO.9: Means the regular workday starting time of 8:00 a.m.(and resulting quitting time of 4:30 p.m.)may be moved forward to 6:00 a.m. or delayed one hour to 9:00 a.m. All work performed in excess of the regular work day and on Saturday shall be compensated at one and one-half(I%2) times the regular pay. In the event time is lost during the work week due to weather , conditions, the Employer may schedule work on the following Saturday at straight time. All work accomplished on Sunday and holidays shall be compensated for at double the regular rate of wages. The work week shall be Monday through Friday,except for midweek holidays. ' NO. 11: Means eight(8)hours shall constitute a day's work, with the starting time to be established between 6:00 a.m.and 8:00 a.m.from Monday to Friday. Time and one-half(1'/2)shall be paid for first two(2)hours of overtime Monday through Friday and the first eight(8) hours on Saturday. All other overtime hours Monday through Saturday shall be paid at double (2) time rate. ' Double(2)time shall be paid for all time on Sunday and recognized holidays or the days observed in lieu of these holidays. NO. 12: Means the work week shall commence on Monday at 12:01 a.m. and shall continue through the following Friday, ' inclusive of each week. All work performed by employees anywhere in excess of forty(40)hours in one(1)work week,shall be paid for at the rate of one and one-half(1'/z)times the regular hourly wage scale. All work performed within the regular working hours which shall consist of a ten(10)hour work day except in emergency situations. Overtime work and Saturday work shall be paid at one and one-half(1'/2)times the regular hourly rate. Work on recognized holidays and Sundays shall be paid at two(2) ' times the regular hourly rate. NO. 18: Means the regular work day shall be eight(8)hours. Working hours are from six(6)hours before Noon(12:00)to six (6)hours after Noon(12:00). The regular work week shall be forty(40)hours,beginning between 6:00 am.and 12:00 Noon on t Monday and ending between 1:00 p.m. and 6:00 p.m. on Friday. Saturday will be paid at time and one-half(1%2). Sunday and Holidays shall be paid at double(2)time. Saturday can be a make-up day if the weather has forced a day off,but only in the week of the day being lost. Any time before six(6) hours before Noon or six (6) hours after Noon will be paid at time and one-half •`, (1%2). NO. 26: Means that the regular working day shall consist of eight(8) hours worked between 6:00 a.m., and 5:00 p.m., five(5) days per week,Monday to Friday,inclusive.Hours of work at each jobsite shall be those established by the general contractor and , worked by the majority of trades. (The above working hours may be changed by mutual agreement). Work performed on Construction Work on Saturdays,Sundays and before and after the regular working day on Monday to Friday, inclusive,shall be classified as overtime,and paid for at double(2)the rate of single time. The employer may establish hours worked on a jobsite for a four(4)ten(10)hour day work week at straight time pay for construction work;the regular working day shall consist of ten(10) ' hours worked consecutively,between 6:00 a.m.and 6:00 p.m.,four(4)days per week,Monday to Thursday, inclusive. Any work performed on Friday, Saturday,Sunday and holidays,and before and after the regular working day on Monday to Thursday where a four(4)ten(10) hour day workweek has been established,will be paid at two times(2)the single time rate of pay. The rate of , pay for all work performed on holidays shall be at two times(2)the single time rate of pay. 1 ANNUAL WAGE ORDER NO. 13 ' AW 13 026 OT.doc Pagel of 5 Pages COLE COUNTY OVERTIME SCHEDULE ' BUILDING CONSTRUCTION • NO. 28: Means a regular workday shall consist of eight(8) hours between 7:00 a.m. and 5:30 p.m., with at least a thirty (30) ' minute period to be taken for lunch. Five(5)days a week, Monday through Friday inclusive,shall constitute a work week. The Employer has the option for a workday/workweek of four(4)tep(10)hour days(4-10's)provided: -The project must be for a minimum of four(4).consecutive days. ' Starting time may be within one(1)hour either side of 8:00 a.m. -Work week must begin on either a Monday or Tuesday: If a holiday falls within that week it shall be a consecutive work day. (Alternate: If a holiday falls in the middle of a week, then the regular eight (8) hour schedule may be implemented). -Any time worked in excess of any ten(10)hour work day(in a 4-10 hour work week)shall be at the appropriate overtime rate. ' All work outside of the regular working hours as provided,Monday through Saturday,shall be paid at one&one-half(1%)times the employee's regular rate of pay. All work performed from 12:00 a.m.Sunday through 8:00 a.m. Monday and recognized holidays shall be paid at double(2)the straight time hourly rate of pay. Should employees work in excess of twelve(12) consecutive hours they shall be paid double time(2X)fbr all time after twelve(12)hours. Shift work performed between the ' hours of 4:30 p.m.and 12:30 a.m.(second shift)shall receive eight(8)hours pay at the regular hourly rate of pay plus ten(10%) percent for seven and one-half(7'/:)hours work. Shift work performed between the hours of 12:30 a.m.and 8:00 a.m.(third shift) shall receive eight(8)hours pay at the regular hourly rate of pay plus fifteen(15%)percent for seven(7)hours work. A lunch period of thirty(30)minutes shall be allowed on each shift. All overtime work required after the completion of a regular shift shall be paid at one and one-half(1%)times the shift hourly rate. NO.40: Means the regular working week shall consist of filve(5)consecutive(8)hour days'labor on the job beginning with ' Monday and ending with Friday of each week. Four(4) 10-hour days may constitute the regular work week. The regular working day shall consist of eight(8)hours labor on the job beginning as early as 7:00 am.and ending as late as 5:30 p.m. All full or part time labor performed during such hours shall be recognized as regular working hours and paid for at the regular hourly rate. All hours worked on Saturday and all hours worked in excess of eight(8)hours but not more than twelve(12)hours during the regular ' working week shall be paid for at time and one-half(1%2)the regular hourly rate. All hours worked on Sundays and holidays and all hours worked in excess of twelve(12)hours during the regular working day shall be paid at two(2)times the regular hourly.rate. In the event of rain,snow,cold or excessively windy weather on a regular working day,Saturday may be designated as a"make-up"day. Saturday may also be designated as a"make-up"day,for an employee who has missed a day ' of work for personal or other reasons. Pay for"make-up days shall be at regular rates. NO. 55: Means the regular work day shall be eight(8)hours between 6:00 a.m. and 4:30 p.m. The first two(2) hours of work ' performed in excess of the eight(8) hour work day, Monday through Friday, and the first ten (10) hours of work on Saturday, shall be paid at one&one-half(1%z)times the straight time rate. All work performed on Sunday,observed holidays and in excess of ten(10)hours a day,Monday through Saturday,shall be paid at double(2)the straight time rate. ' NO.57: Means eight(8)hours per day shall constitute a day's work and forty(40)hours per week,Monday through Friday,shall constitute a week's work. The regular starting time shall be 8:00 a.m. The above may be changed by mutual consent of authorized personnel. When circumstances warrant,the Employer may change the regular workweek to four(4)ten-hour days at ' the regular time rate of pay. It being understood that all other pertinent information must be adjusted accordingly. All time worked before and after the established workday of eight(8)hours,Monday through Friday,all time worked on Saturday,shall be paid at the rate of time and one-half(1%2) except in cases where work is part of an employee's regular Friday shift. All time worked on Sunday and recognized holidays shall be paid at the double(2)time rate of pay. 1 ' ANNUAL WAGE ORDER NO. 13 AW 13 026 OT.doc Page 2 of 5 Pages COLE COUNTY OVERTIME SCHEDULE ' BUILDING CONSTRUCTION NO.59: Means that except as herein provided,eight(8)hours a day shall constitute a standard work day,and forty(40)hours per • week shall constitute a week's work. All time worked outside of the standard eight(8) hour work day and on Saturday shall be ' classified as overtime and paid the rate of time and one-half(1%). All time worked on Sunday and holidays shall be classified as overtime and paid at the rate of double(2)time. The Employer has the option of working either five(5)eight hour days or four (4) ten hour days to constitute a normal forty (40) hour work week. When the four (4) ten-hour work week is in effect, the standard work day shall be consecutive ten(10)hour periods between the hours of 6:30 a.m.and 6:30 p.m. Forty (40)hours per week shall constitute a weeks work, Monday through Thursday, inclusive. In the event the job is down for any reason beyond the Employer's control,then Friday and/or Saturday may,at the option of the Employer,be worked as a make-up day;straight time not to exceed ten (10) hours or forty (40) hours per week. When the five day (8) hour work week is in effect, forty (40) hours per ' week shall constitute a week's work, Monday through Friday, inclusive. In the event the job is down for any reason beyond the Employer's control, then Saturday may, at the option of the Employer, be worked as a make-up day; straight time not to exceed eight(8)hours or forty(40)hours per week. The regular starting time(and resulting quitting time)may be moved to 6:00 a.m.or delayed to 9:00 a.m. Make-up days shall not be utilized for days lost due to holidays. ' NO.60: Means the Employer shall have the option of working five 8-hour days or four 10-hour days Monday through Friday. If an Employer elects to work five 8-hour days during any work week, hours worked more than eight(8)per day or forty (40) per ' week shall be paid at time and one-half(1'/z) the hourly wage rate plus fringe benefits Monday through Friday. SATURDAY MAKE-UP DAY: if an Employer is prevented from working forty (40) hours, Monday through Friday, or any part thereof by reason of inclement weather(rain or mud),Saturday or any part thereof may be worked as a make-up day at the straight time rate. It is agreed by the parties that the make-up day is not to be used to make up time lost due to recognized holidays. If an Employer ' elects to work four 10-hour days, between the hours of 6:30 a.m. and 6:30 p.m. in any week,work performed more than ten(10) hours per day or forty (40) hours per week shall be paid at time and one half(1'/2) the hourly wage rate plus fringe benefits Monday through Friday. If an Employer is working I0-hour days and loses a day due to inclement weather,the Employer may work ten(10)hours on Friday at straight time. Friday must be scheduled for no more than ten(10)hours at the straight time rate, ' but all hours worked over the forty(40)hours Monday through Friday will be paid at time and one-half(1%2)the hourly wage rate plus fringe benefits. All Millwright work performed in excess of the regular work day and on Saturday shall be compensated for at time and one-half (I%2)the regular Millwright hourly wage rate plus fringe benefits. The regular work day starting of 8:00 am. , (and resulting quitting time of 4:30 p.m.) may be moved forward to 6:00 a.m. or delayed one (1) hour to 9:00 a.m. All work accomplished on Sundays and recognized holidays,or days observed as recognized holidays, shall be compensated for at double (2) the regular hourly rate of wages plus fringe benefits. NOTE: All overtime is computed on the hourly wage rate plus an amount equal to the fringe benefits. , NO. 65: Means Monday through Sunday shall constitute the work week. Regular starting time shall be 8:00 a.m., with one half hour for lunch between three and one-half(3%2)and five(5)hours after starting time. The starting time may be advanced by two (2)hours or delayed one(1)hour by the employer from the regular starting time. All work performed before the advanced starting , time and during the half hour lunch shall be paid at the overtime rate of time and one-half(1'/2). Work performed outside these . hours shall be paid at the overtime rate of time and one-half(I'/2), except as provided otherwise below. All work performed on Sundays or recognized holidays shall be paid at the double (2) time rate. When the start time is delayed past 9:00 am., the ' employee's pay shall start at 9:00 a.m. and all time, after the normal quitting time(5:30 p.m.),shall be paid at the overtime rate. Eight (8) hours shall constitute the work day. All work performed prior to or after the regular eight (8) hour work day, as described above,and all work performed on Saturday shall be paid at time and one-half(I%2)the regular rate. In the event that a scheduled eight(8) hour work day is missed (not including recognized holidays) because of inclement weather,then that missed ' work day may be made up at straight time on the following Saturday. It is recognized that not all employees working on a Saturday make-up day will have worked the same number of hours during the regular work week. It is further recognized that any work after forty(40)hours must be paid at time and one-half(I'/2). The employer may establish a 4-10's schedule on projects(4 days with 10 hours per day at straight time). In order to use the 4-10's schedule, the employer must schedule the 4-10's for a ' minimum of one(1)week. If using a 4-10's schedule,a Friday make-up day is allowed. • ANNUAL WAGE ORDER NO. 13 ' AW 13 026 OT.doc Page 3 of 5 Pages ' COLE COUNTY OVERTIME SCHEDULE BUILDING CONSTRUCTION NO.86: Means the regular work week shall consist of five(5)days,Monday through Friday,beginning at 8:00 a.m,and ending at ' 4:30 p.m. The regular work day beginning time may be advanced one or two hours or delayed by one hour. However, the Employer may have the option to schedule his work week from Monday through Thursday at ten(I0)hours per day at the straight time rate of pay with all hours in excess of ten (10)hours in any one day to be at the applicable overtime rate. If the Employer elects to work from Monday through Thursday and is stopped due to;circumstances beyond his control, inclement weather or holiday, he shall have the option to work Friday at the straight time rate of pay to complete his forty(40) hours. If an employee declines to work Friday as a make-up day, he shall not be penalized. All overtime work performed on Monday through Saturday shall be paid at time and one-half(1'/2)of the hourly rate plus an amount equal to one-half('/2)of the hourly Total Indicated Fringe Benefits. All work performed on Sundays and recognized holidays shall be paid at double(2) the hourly rate plus an amount equal to the hourly Total Indicated Fringe Benefits. NO.91: Means eight(8)hours shall constitute a day's work commencing at 8:00 a.m.and ending at 4:30 p.m.,allowing one-half ' (%2)hour for lunch. The option exists for the Employer to use a flexible starting time between the hours of 6:00 am.and 9:00 a.m. The regular workweek shall consist of forty(40)hours of five(5)workdays,Monday through Friday. The workweek may consist of four(4)ten(10)hour days from Monday through Thursday,with Friday as a make-up day.. If the make-up day is a holiday,the employee shall be paid at the double(2)time rate. The employees shall be paid time and one-half(I%2)for work performed before the regular starting time or after the regular quitting time or over eight(8) hours per work day (unless working a 10-hour work day,then time and one-half(1%2) is paid for work performed over ten (10)hours a day)or over forty (40)hours per work week. Work performed on Saturdays,Sundays and recognized holidays shall-be paid at the double(2)time rate of pay. ' NO. 94: Means eight(8)hours shall constitute a days work between the hours of 8:00 a.m.and 5:00 p.m. The regular workday starting time of 8:00 a.m.(and resulting quitting time of 4:30 p.m.)may be moved forward to 6:00 am.or delayed one(1)hour to 9:00 a.m. All work performed in excess of the regular work day and on Saturday shall be compensated at one and one-half(1'/2) ' times the regular pay. In the event time is lost during the work week due to weather conditions,the Employer may schedule work on the following Saturday at straight time. All work accomplished on Sunday and holidays shall be compensated at double the regular rate of wages. ' • NO. 101: Means that except as provided below,eight(8)hours a day shall constitute a standard work day,and forty(40)hours per week shall constitute a week's work,which shall begin on Monday and end on Friday. All time worked outside of the standard work day and on Saturday shall be classified as overtime and paid the rate of time and one-half(1'/2)(except as herein provided). All time ' worked on Sunday and recognized holidays shall be classified as overtime and paid at the rate of double (2) time. The regular starting time of 8:00 a.m. (and resulting quitting time of 4:30 p.m.)may be moved forward to 6:00 am. or delayed one(1) hour to 9:00 a.m. The Employer has the option of.working either five(5)eight-hour days or four(4)ten-hour days to constitute a normal forty (40) hour work week. When a four(4)ten-hour day work week is in effect,the standard work day shall be consecutive ten ' (10)hour periods between the hours of 6:30 am.and 6:30 p.m. Forty(40)hours per week shall constitute a week's work Monday through Thursday,inclusive. In the event the job is down for any reason beyond the Employer's control,then Friday and/or Saturday may, at the option of the Employer, be worked as a make-up day; straight time not to exceed ten(10) hours per day or forty (40) hours per week. Starting time will be designated by the employer. When the five(5)day eight(8)hour work week is in effect,forty ' (40)hours per week shall constitute a week's work,Monday through Friday, inclusive. In the event the job is down for any reason beyond the Employer's control,then Saturday may,at the option of the Employer,be worked as a make-up day;straight time not to exceed eight(8)hours per day or forty(40)hours per week. Make-up days shall not be utilized for days lost due to holidays. 1 • ' ANNUAL WAGE ORDER NO. 13 AW 13 026 OT.doc Page 4 of 5 Pages COLE COUNTY OVERTIME SCHEDULE , BUILDING CONSTRUCTION NO. 110: Means eight(8)hours between the hours of 8:00 a.m.and 4:30 p.m.shall constitute a work day. The starting time may • be advanced one(1)or two(2)hours. Employees shall have a lunch period of thirty(30)minutes. The Employer may provide a , lunch period of one (1) hour,and in that event,the workday shall commence at 8:00 am.and end at 5:00 p.m. The workweek shall commence at 8:00 a.m. on Monday and shall end at 4:30 p.m. on Friday (or 5:00 p.m. on Friday if the Employer grants a lunch period of one(1)hour), or as adjusted by starting time change as stated above. All work performed before 8:00 a.m.and ' after 4:30 p.m.(or 5:00 p.m.where one(1)hour lunch is granted for lunch)or as adjusted by starting time change as stated above or on Saturday, except as herein provided,shall be compensated at one and one-half(1%2)times the regular hourly rate of pay for the work performed. All work performed on Sunday and on recognized holidays shall be compensated at double(2)the regular hourly rate of pay for the work performed. If an Employer is prevented from working forty(40)hours,Monday through Friday,or ' any part thereof by reason of inclement weather(rain and mud),Saturday or any part thereof may be worked as a make-up day at the straight time rate. The Employer shall have the option of working five eight(8)hour days or four ten(10)hour days Monday through Friday. if an Employer elects to work five(5)eight(8)hour days during any work week,hours worked more than eight (8)per day or forty (40) hours per week shall be paid at time and one-half(1%)the hourly rate Monday through Friday. If an , Employer elects to work four(4)ten(10)hour days in any week,work performed more than ten (10)hours per day or forty(40) hours per week shall be paid at time and one-half(1%)the hourly rate Monday through Friday. If an Employer is working ten(10) hour days and loses a day due to inclement weather, they may work ten (10) hours Friday at straight time. Friday must be ' scheduled for at least eight(8)hours and no more than ten(10) hours at the straight time rate,but all hours worked over the forty (40)hours Monday through Friday will be paid at time and one-half(1'/�)overtime rate. t ANNUAL WAGE ORDER NO. 13 ' AW 13 026 0T.doc Page 5 of 5 Pages COLE COUNTY HOLIDAY SCHEDULE-BUILDING CONSTRUCTION • NO.3:All work done on New Year's Day,Decoration Day,July 4th,Labor Day,Veteran's Day,Thanksgiving Day and I ' Christmas Day shall be paid at the double time rate of pay. Whenever any such holidays fall on a Sunday,the following Monday shall be observed as a holiday. NO.4:All work done on New Year's Day,Memorial Day,Independence Day,Labor Day,Thanksgiving and Christmas Day ' shall be paid at the double time rate of pay. If any of the above holidays fall on Sunday,Monday will be observed as the recognized holiday. If any of the above holidays fall on Saturday,Friday will be observed as the recognized holiday. ' NO.5: All work that shall be done on New Year's Day,Memorial Day,Fourth of July,Labor Day,Veteran's Day, Thanksgiving Day,and Christmas Day shall be paid at the double(2)time rate of pay. NO.7:All work done on New Year's Day,Memorial Day,Independence Day,Labor Day,Veteran's Day,Thanksgiving Day, ' and Christmas Day shall be paid at the double time rate of pay. If a holiday falls on a Sunday,it shall be observed on the Monday following. If a holiday falls on a Saturday,it shall be observed on the preceding Friday. NO.8:All work performed on New Year's Day,Memorial Day,Independence Day,Labor Day,Veteran's Day,Thanksgiving ' Day,and Christmas Day,or the days observed.in lieu of these holidays,shall be paid at the double time rate of pay. NO. I5:All work accomplished on the recognized holidays of New Year's Day,Decoration Day(Memorial Day),Independence Day(Fourth of July),Labor Day,Veteran's Day,Thanksgiving Day-and Christmas Day,or days observed as these named ' holidays,shall be compensated for at double(2)the regular hourly rate of wages plus fringe benefits. If a holiday falls on Saturday,it shall be observed on the preceding Friday. If a holiday falls on a Sunday,it shall be observed on the following Monday. No work shall be performed on Labor Day,Christmas Day,Decoration Day or independence Day except to preserve ' life or property. NO.23: All work done on New Year's Day,Memorial Day,Independence Day,Labor Day,Veteran's Day,Thanksgiving Day, Christmas Day and Sundays shall be recognized holidays and shall be paid at the double time rate of pay. When a holiday falls ' • on Sunday,the following Monday shall be considered a holiday. NO.54:All work performed on New Year's Day,Memorial Day,Independence Day,Labor Day,Veteran's Day,Thanksgiving Day,the Friday after Thanksgiving Day,and Christmas Day shall be paid at the double(2)time rate of pay. When a holiday falls on Saturday,it shall be observed on Friday. When a holiday falls on Sunday,it shall be observed on Monday. NO.60: All work performed on New Year's Day,Armistice Day(Veteran's Day),Decoration Day(Memorial Day), Independence Day(Fourth of July),Thanksgiving Day and Christmas Day shall be paid at the double time rate of pay. No ' work shall be performed on Labor Day except when triple(3)time is paid. When a holiday falls on Saturday,Friday will be observed as the holiday. When a holiday falls on Sunday,the following Monday shall be observed as the holiday. NO.66: All work performed on Sundays and the following recognized holidays,or the days observed as such,of New Year's Day,Decoration Day,Fourth of July,Labor Day,Veteran's Day,Thanksgiving Day and Christmas Day,shall be paid-at double (2)the hourly rate plus an amount equal to the hourly Total Indicated Fringe Benefits. Whenever any such holidays fall on a Sunday,the following Monday shall be observed as a holiday. ' NO.69: All work performed on New Year's Day,Decoration Day,July Fourth,Labor Day,Veteran's Day,Thanksgiving Day or Christmas Day shall be compensated at double(2)their straight-time hourly rate of pay. Friday after Thanksgiving and the day before Christmas will also be holidays,but if the employer chooses to work these days,the employee will be paid at straight ' time rate of pay. If a holiday falls on a Sunday in a particular year,the holiday will be observed on the following Monday. 1 ANNUAL WAGE ORDER NO. 13 AW013 026 BHol.doc Page] of 1 Pages Heavy Construction Rates for REPLACEMENT PAGE Section 026 ' COLE County *Effective Basic Over- , OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits Increase Rates Schedule Schedule CARPENTER , Journeymen 5/06 $26.18 7 16 $9.49 Millwright 5/06 $26.18 7 16 $9.49 ' Pile Driver Worker 5/06 $26.18 7 16 $9.49 OPERATING ENGINEER Group 1 5/06 $23.70 .21 5 $15.31 Group II 5/06 $23.35 21 5 $15.31 , Group III 5/06 $23.15 21 5 $15.31 Group IV 5/06 $19.50 21 5 $15.31 Oiler-Driver 5/06 $19.50 21 5 $15.31 LABORER .General Laborer 5/06 $22.52 2 4 $8.13 ' Skilled Laborer 5/06 $23.12 2 4 $8.13 TRUCK DRIVER-TEAMSTER Group 1 5/06 $24.27 22 19 $8.00 Group II 5/06 $24.43 22 19 $8.00 Group III 5/06 $24.42 22 19 $8.00 , Group IV 5/06 $24.54 22 19 $8.00 For the occupational titles not listed on the Heavy Construction Rate Sheet, use Rates shown on the ' Building Construction Rate Sheet. "Annual Incremental Increase ANNUAL WAGE ORDER NO. 13 7/06 • ' COLE COUNTY OVERTIME SCHEDULE—HEAVY CONSTRUCTION ® NO. 2: Means a regular workweek shall be forty (40) hours and will start on Monday and end ' on Friday. The regular work day shall be either eight(8) or ten (10) hours. If a crew is prevented from working forty (40) hours Monday through Friday, or any part thereof, by reason of inclement weather, Saturday or any part thereof may be worked as a make-up day at the ' straight time rate. Employees who are part of a regular crew on a make-up day, notwithstanding the fact that they may not have been employed the entire week, shall work Saturday-at the straight time rate. A workday shift is to begin at the option of the Employer, between 6:00 a.m. and not later than 9:00 a.m. However,the project starting time may be advanced or delayed if required. If workmen are required to work the enumerated holidays or days observed as such or Sundays,they shall receive double (2)the regular rate of pay for such work. ' NO. 7: Means the regular work week shall start on Monday and end on Friday, except where the Employer elects to work Monday through Thursday, ten (10) hours per day. All work over ten (10) hours in a day or forty(40) hours in a week shall be at the overtime rate of one and one-half (1'/2)times the regular hourly.rate. The regular work day shall be either eight(8) or ten (10) hours. If a job can't work forty (40) hours Monday through Friday because of inclement weather ' or other conditions beyond the control of the Employer, Friday or Saturday may be worked as a make-up day at straight time(if working 4-10's). Saturday may be worked as a make-up day at straight time (if working 5-8's). Make-up days shall not be utilized for days lost from holidays. ' Except as worked as a make-up day, time on Saturday shall be worked at one and one-half(l'/2) times the regular rate. Work performed on Sunday shall be paid at two (2) times the regular rate. Work performed on recognized holidays or days observed as such, shall also be paid at the double(2) time rate of pay. • NO. 21: Means the regular workday for which employees shall be compensated at straight time hourly rate of pay shall, unless otherwise provided for, begin at 8:00 a.m. and end at 4:30 p.m. ' However, the project starting time may be advanced or delayed at the discretion of the Employer. At the discretion of the Employer, when working a five (5)day eight(8) hour schedule, Saturday may be used for a make-up day. If an Employer is prohibited from working on a holiday,that ' employer may work the following Saturday at the straight time rate. However, the Employer may have the option to schedule his work from Monday through Thursday at ten (10) hours per day at the straight time rate of pay with all hours in excess of ten (10) hours in any one day to be ' paid at the applicable overtime rate. If the Employer elects to work from Monday through Thursday and is stopped due to circumstances beyond his control, he shall have the option to work Friday or Saturday at the straight time rate of pay to complete his forty (40) hours. If an ' Employer is prohibited from working on a holiday, that Employer may work the following Friday or Saturday at the straight time rate. Overtime will be at one and one-half(1'/z) times the regular rate. If workmen are required to work the enumerated holidays or days observed as such, ' or Sundays, they shall receive double(2)the regular rate of pay for such work. NO. 22: Means a regular work week of forty (40) hours will start on Monday and end on Friday. The regular work day shall be either eight(8) or ten (10) hours. If a crew is prevented from ' working forty (40) hours Monday through Friday, or any part thereof by reason of inclement weather, Saturday or any part thereof may be worked as a make-up day at the straight time rate. ' Employees who are part of a regular crew on a make-up day, notwithstanding the fact that they may not have been employed the entire week, shall work Saturday at the straight time rate. For • all time worked on recognized holidays, or days observed as such, double(2)time shall be paid. ' AW013 026 HOT.doc ANNUAL WAGE ORDER NO. 13 Page 1 of I Pages COLE COUNTY ' HOLIDAY SCHEDULE—HEAVY CONSTRUCTION NO. 4: All work performed on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving • Day, Christmas Day, or days observed as such, shall be paid at the double time rate of pay. When a holiday , falls on a Sunday, Monday shall be observed. NO. 5: The following days are recognized as holidays: New Year's Day, Memorial Day, Fourth of July, Labor ' Day,Thanksgiving Day and Christmas Day. If a holiday falls on a Sunday, it shall be observed on the following Monday. If a holiday falls on a Saturday, it shall be observed on the preceding Friday.No work shall be performed on Labor Day except in case of jeopardy to work under construction. This rule is applied to protect Labor Day. When a holiday falls during the normal work week,.Monday through Friday, it shall be counted as eight(8)hours toward a forty (40) hour week; however, no reimbursement for this eight(8) hours is to be paid the workman unless worked. If workmen are required to work the above recognized holidays or days ' observed as such, or Sundays,they shall receive double(2)the regular rate of pay for such work. The above shall apply to the four 10's Monday through Thursday work week. The ten (10) hours shall be applied to the forty (40) hour work week. NO. 16: The following days are recognized as holidays: New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day and Christmas Day. If a holiday falls on Sunday, it shall be observed on the , following Monday. If a holiday falls on Saturday, it shall be observed on the preceding Friday.No work shall be performed on Labor Day except in case of jeopardy to work under construction.This rule is applied to protect Labor Day. When a holiday falls during the normal work week, Monday through Friday, it shall be ' counted as eight(8) hours toward the forty (40) hour week; however, no reimbursement for this eight(8)hours is to be paid to the worker unless worked. If workers are required to work the above recognized holidays or days observed as such,they shall receive double(2)the regular rate of pay for such work. • NO. 19: The following days are recognized as holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. If a holiday falls on a Sunday, it shall be observed on the following Monday. When a holiday falls during the normal work week, Monday through Friday, it shall be r counted as eight(8) hours toward the forty (40) hour week; however,no reimbursement for this eight(8) hours is to be paid the workmen unless worked. If workmen are required to work the above enumerated holidays, or , days observed as such,they shall receive double(2)the regular rate of pay for such work. • AW013 026 HHol.doc ANNUAL WAGE ORDER NO. 13 Pagel of] Pages t ' REPLACEMENT PAGE OUTSIDE ELECTRICIAN These rates are to be used for the following counties: ' Adair,Audrain,Boone,Callaway,Camden,Carter,Chariton,Clark,Cole,Cooper,Crawford,Dent,Franklin, Gasconade,Howard,Howell,Iron,Jefferson,Knox,Lewis,Lincoln,Linn,Macon,Maries,Marion,Miller,Moniteau, ' Monroe,Montgomery,Morgan,Oregon,Osage,Perry,Phelps,Pike,Pulaski,Putnam,Rails,Randolph,Reynolds, Ripley,St.Charles,St.Francois,St.Louis City,St.Louis County,Ste.Genevieve,Schuyler,Scotland,Shannon,Shelby, Sullivan,Texas,Warren,and Washington COMMERCIAL WORK Occupational Title Basic Total Hourly Fringe ' Rate Benefits *Journeyman Lineman $31.36 $4.75+41.3% ' *Lineman Operator $27.50 $4.75+41.3% *Groundman" $21.41 $4.75+41.3% OVERTIME RATE:Eight(8)hours shall constitute a work day between the hours of 7:00 a.m.and 4:30 p.m.Forty (40)hours within five(5)days,Monday through Friday inclusive,shall constitute the work week.Work performed in the 9th and 10th hour,Monday through Friday,shall be paid at time and one-half(1%z)the regular straight time rate of pay. Contractor has the option to pay two(2)hours per day at the time and one-half(1%:)the regular straight time rate of pay between the hours of 6:00 a.m.and 5:30 p.m.,Monday through Friday.Work performed.outside the regularly scheduled working hours and on Saturdays,Sundays and recognized legal holidays,or days celebrated as such,shall be paid for at the rate of double(2)time. • HOLIDAY RATE:All work performed on New Year's Day,Memorial Day,Fourth of July,Labor Day,Veteran's Day, Thanksgiving Day,Christmas Day,or days celebrated as such,shall be paid at the double time rate of pay. When one of the foregoing holidays falls on Sunday,it shall be celebrated on the following Monday. UTILITY WORK ' Occupational Title Basic Total Hourly Fringe Rate Benefits ' *Journey1man Lineman $31.36 $4.75+37.3% *Lineman Operator $27.08 $4.75+37.3% ' *Groundman $20.94 $4.75+37.3% OVERTIME RATE:Eight(8)hours shall constitute a work day between the hours of 7:00 a.m.and 4:30 p.m.Forty ' (40)hours within five(5)days,Monday through Friday inclusive,shall constitute the work week.Work performed in the 9th and 10th hour,Monday through Friday,shall be paid at time and one-half(1%z)the regular straight time rate of pay. Contractor has the option to pay two(2)hours per day at the time and one-half(1'/2)the regular straight time rate of pay between the hours of 6:00 a.m.and 5:30 p.m.,Monday through Friday. Worked performed in the first eight(8)hours on Saturday shall be paid at the rate of one and eight tenths(1.8)the regular straight time rate. Work performed outside these hours and on Sundays and recognized legal holidays,or days celebrated as such,shall be paid for at the rate of double(2)time. ' HOLIDAY RATE:All work performed on New Year's Day,Memorial Day,Fourth of July,Labor Day,Veteran's Day, Thanksgiving Day,Christmas Day,or days celebrated as such,shall be paid at the double time rate of pay. When one of . the foregoing holidays falls on Sunday,it shall be celebrated on the following Monday. *Annual Incremental Increase ANNUAL WAGE ORDER NO. 13 9/06 OUr STL A W 13 in3.do WAIS Document Retrieval Page 1 of 32 ' GENERAL DECISION: M020070001 02/23/2007 M01 • Date: February 23 , 2007 General Decision Number: M020070001 02/23/2007 ' Superseded General Decision Number: M020030001 ' State: Missouri Construction Types: Heavy and Highway Counties: Missouri Statewide. HEAVY AND HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 02/09/2007 1 02/16/2007 ' 2 02/23/2007 ASBE0001-002 10/01/2006 ' Rates Fringes Asbestos Worker/Heat and ' Frost Insulator Includes application of all insulating materials, protective coverings, ' • coatings and finishes to all types of mechanical systems. Also the ' application of firestopping material for wall openings and penetrations in walls, ' floors, ceilings and curtain walls. . . . . . . . . . . . . . .$ 30.44 13 .66 ---------------------------------------------------------------- CARP0007-008 04/01/2006 ' CASS (Richards-Gebauer AFB ONLY) , CLAY, JACKSON, PLATTE AND RAY COUNTIES ' Rates Fringes Carpenters: CARPENTERS & LATHERS: . . . . . . .$ 31.30 10.03 MILLWRIGHTS & PILEDRIVERS. . .$ 31.30 10.03 ----7----------------------------------------------------------- CARP0008-003 05/03/2006 ST. LOUIS COUNTY AND CITY Rates Fringes • Carpe 30.52 9 32 ------------------------------ ------------- - ------- CARP0011-001 05/03/2006 ' http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=MO200... 2/23/2007 WAIS Document Retrieval Page 2 of 32 ' Rates Fringes ' Carpenter and Piledriver • ADAIR, AUDRAIN (West of Hwy 19) , BENTON, BOONE, CALLAWAY, CHARITON, COLE, COOPER, HOWARD, KNOX,LINN, MACON, MILLER, ' MONITEAU,MONROE, MORGAN, OSAGE, PETTIS, PUTNAM, RANDOLPH, SCHUYLER, SHELBY AND SULLIVAN COUNTIES. . . . . .$ 21.13 9.51+b ' ATCHISON, ANDREW, BATES, CALDWELL, CARROLL, DAVIESS, DEKALB, GENTRY, GRUNDY, HARRISON, HENRY, ' HOLT, LIVINGSTON, MERCER, NODAWAY, ST. CLARR, SALINE AND WORTH COUNTIES. . . . . . . . . .$ 25.18 9.14 , AUDRAIN (East of Hwy.19) , RALLS, MARION, LEWIS, CLARK AND SCOTLAND COUNTIES.$ 26.47 9.07 ' BARRY, BARTON, CAMDEN, CEDAR, CHRISTIAN, DADE, DALLAS, DOUGLAS, GREENE, HICKORY, JASPER, LACLEDE, ' LAWRENCE, MCDONALD, NEWTON, OZARK, POLK, STONE, TANEY, VERNON, • ' WEBSTER AND WRIGHT COUNTIES. . . . . . . . . . . . . . . . . . . .$ 24.83 9.14 BOLLINGER, BUTLER, CAPE GIRARDEAU, DUNKLIN, ' MISSISSIPPI, NEW MADRID, PEMISCOT, PERRY, SCOTT, STODDARD AND WAYNE COUNTIES.$ 24.56 7.18 BUCHANAN, CLINTON, JOHNSON ' AND LAFAYETTE COUNTIES. . . . .$ 25.83 9.14 CARTER, HOWELL, OREGON AND RIPLEY COUNTIES. . . . . . . . . . . .$ 23 .64 7.18 ' CRAWFORD, DENT, GASCONADE, IRON, MADISON, MARIES, MONTGOMERY, PHELPS, PULASKI, REYNOLDS, SHANNON AND TEXAS COUNTIES. . . . . . . . . .$ 26.32 9.07+a FRANKLIN AND WARREN COUNTIES. . . . . . . . . . . . . . . . . . . .$ 28.37 9.07 JEFFERSON AND ST. CHARLES COUNTIES. . . . . . . . . . . . . . . . . . . .$ 30.70 9.07 LINCOLN COUNTY. . . . . . . . . . . . . .$ 27.98 9.07 PIKE, ST. FRANCOIS AND WASHINGTON COUNTIES. . . . . . . . .$ 27.03 9.07 STE.GENEVIEVE COUNTY. . . . . . . .$ 26.26 9.07 a. PHELPS & PULASKI COUNTIES: Mining projects, dams, power ' plants and miliitary installations (Fort Leonard Wood) will • be paid at current St. Louis Commercial wage scale - $30.52 per hour and $9.32 fringe benefits. ' http://fiwebgate.access.gpo.gov/cgi-bin/getdoc.cgl?dbnaine=Davis-Bacon&docid=M0200... 2/23/2007 ' ' WAIS Document Retrieval Page 3 of 32 b. Carpenter & Lather rate $21.13 plus $9.51; Millwight & ' --Piledriver rate $22.13 plus $9.51. ------------------------------------------------------- • ELEC0001-002 06/01/2006 ' BOLLINGER, BUTLER, CAPE GIRARDEAU, CARTER, DUNKLIN, FRANKLIN, IRON, JEFFERSON, LINCOLN, MADISON, MISSISSIPPI, NEW MADRID, PEMISCOT, PERRY,REYNOLDS, RIPLEY, ST. CHARLES, ST. FRANCOIS, ST. LOUIS (City and County) , STE. GENEVIEVE, SCOTT, STODDARD, WARREN, WASHINGTON AND WAYNE COUNTIES Rates Fringes Electrician. . . . . . . . . . . . . . . . . . . . . .$ 32.10 18.96 ---------------------------------------------------------------- ' ELEC0002-001 09/01/2005 ADAIR, AUDRAIN, BOONE, CALLAWAY, CAMDEN, CARTER, CHARITON, CLARK, COLE, COOPER, CRAWFORD, DENT, FRANKLIN, GASCONADE, HOWARD, HOWELL, IRON, JEFFERSON KNOX, LEWIS, LINCON, LINN, MACON, MARIES, MARION, MILLER, MONITEAU, MONROE, MONTGOMERY, MORGAN, OREGON, OSAGE, PERRY, PHELPS, PIKE, PULASKI, PUTNAM, ' RALLS, RANDOLPH, REYNOLDS, RIPLEY, ST. CHARLES, ST. FRANCOIS, ST. LOUIS (City and County) , STE. GENEVIEVE, SCHUYLER, SCOTLAND, SHANNON, SHELBY, SULLIVAN, TEXAS, WARREN AND WASHINGTON COUNTIES ' Rates Fringes ' • Line Construction: Groundman and Groundman- Driver. . . . . . . . . . . . . . . . . . . . . .$ 21.22 4 .50+41.300 Groundman Equipment ' Operator. . . . . . . . . . . . . . . . . . . .$ 27.04 4.50+41.300 Groundman-Winch Driver. . . . . .$ 22.12 4 .50+41.30% Lineman or Cable Splicer. . . .$ 30.30 4.50+41.30% ---------------------------------------------------------------- ' ELECO053-004 09/01/2006 Rates Fringes �. Line Construction: (ANDREW, ATCHINSON, BARRY, BARTON, BUCHANAN, CALDWELL, CEDAR, CHRISTIAN, CLINTON, DADE, DALLAS, DAVIES„ DEKALB, DOUGLAS, GENTRY, ' GREENE, GRUNDY, HARRISON, HICKORY, HOLT, JASPER, LACLEDE, LAWRENCE, LIVINGSTON, MCDONALD, MERCER, NEWTON, NODAWAY, OZARK, POLK, ST. CLARR, STONE, TANEY, VERNON, WEBSTER, WORTH AND WRIGHT COUNTIES) ' Groundman Powderman. . . . . . . . .$ 22.84 4.75+34% • Groundman. . . . . . . . . . . . . . . .$ 21.15 4.75+34% Lineman Operator. . . . . . . . . . . .$ 31.01 4.75+34% ' Lineman. . . . . . . . . . . . . . . . . . . . .$ 32.72 4.75+349. Line Construction; (BATES, ' http://frwebgate.access.gpo.gov/cgi-bin/getdoc.egi?dbname=Davis-Bacon&docid=MO200... 2/23/2007 WAIS Document Retrieval Page 4 of 32 ' BENTON, CARROLL, CASS, CLAY, ' HENRY, JACKSON, JOHNSON, LAFAYETTE, PETTIS, PLATTE, • RAY AND SALINE COUNTIES) Groundman Powderman. . . . . . . . .$ 23 .71 4.75+340 ' Groundman. . . . . . . . . . . . . . . . . . .$ 22.49 4.75+34% Lineman Operator. . . . . . . . . . . .$ 31.65 4.75+349. Lineman. . . . . . . . . . . . . . . . . . . . .$ 33.91 4.75+349.1 ----------- ELEC0095-001 06/01/2006 --------------------------------------- BARRY, BARTON, CEDAR, CRAWFORD, DADE, JASPER, LAWRENCE, ' MCDONALD, NEWTON, ST CLARR, AND VERNON COUNTIES Rates Fringes Electricians: , Cable Splicers. . . . . . . . . . . . . .$ 21.35 9.71+8% Electricians. . . . . . . . . . . . . . . .$-21.00------- --971+8%------- ---------- ---------- ELEC0124-007 09/05/2006 BATES, BENTON, CARROLL, CASS, CLAY, COOPER, HENRY, JACKSON, JOHNSON, LAFAYETTE, MORGAN, PETTIS, PLATTE, RAY AND SALINE COUNTIES: Rates Fringes , Electricians: . . . . . . . . . . . . . . . . . . . .$ 30.73 16.92 --------------------------------------------------------- • ELECO257-003 03/01/2006 AUDRAIN (Except Cuivre Township) , BOONE, CALLAWAY, CAMDEN, CHARITON, COLE, CRAWFORD, DENT, GASCONADE, HOWARD, MARIES, ' MILLER, MONITEAU, OSAGE, PHELPS AND RANDOLPH COUNTIES Rates Fringes , Electricians: Cable Splicers. . . . . . . . . . . . . .$ 27.32 13 .852 -----Electricians. . . ����_ - . . . . . ��$-26.32 ------ , ------------------------ ELEC0350-002 12/01/2004 ADAIR, AUDRAIN (East of Highway 19) , CLARK, KNOX, LEWIS, LINN, , MACON, MARION, MONROE, MONTGOMERY, PIKE, PUTNAM, RALLS, SCHUYLER, SCOTLAND, SHELBY AND SULLIVAN COUNTIES Rates Fringes , Electrician. . . . . . . . . . . . . . . . . . . . . .$ 25.30 11.62 --------------- ---------------------------------------- 1 ELEC0453-001 09/01/2006 Rates Fringes Electricians: • CHRISTIAN, DALLAS, DOUGLAS, GREENE, HICKORY, ' HOWELL, LACLEDE, OREGON, http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=MO200... 2/23/2007 ' WAIS Document Retrieval Page 5 of 32 OZARK, POLK, SHANNON, ' WEBSTER and WRIGHT COUNTIES.$ 22.70 11.74 • PULASKI and TEXAS COUNTIES. .$ 27.35 12.20 -----STONE and TANEY COUNTIES. . . .$ 16.30 10.70 ' ELEC0545-003 06/01/2003 ANDREW, BUCHANAN, CLINTON, DEKALB, ATCHISON, HOLT, MERCER, ' GENTRY, HARRISON, DAVIESS, GRUNDY, WORTH, LIVINGSTON, NODAWAY, AND CALDWELL COUNTIES ' Rates Fringes Electricians: . . . . . . . . . . . . . . . . . . .$ 27.66 9.93 ---------------------------------------------------------------- ' ELEC0702-004 07/03/2006 BOLLINGER, BUTLER, CAPE GIRARDEAU, DUNKLIN, MADISON, MISSISSIPPI, NEW MADRID, PEMISCOT, SCOTT, STODDARD AND WAYNE ' COUNTIES Rates Fringes ' Line Construction: Groundman - Class A. . . . ... . . .$ 20.01 4.75+28.75% Groundman-Equipment Operator (all crawler type equipment D-4 and larger) . . .$ 28.81 4.75+28.75% Lineman. . . . . . . . . . . . . . . . . . . . .$ 35.03 4.75+28.759.1 -------------------------------------------------- ENGI0101-001 05/01/2006 ANDREW, ATCHISON, BATES, BENTON, BUCHANAN, CALDWELL, CARROLL, ' CHARITON, CLINTON, COOPER, DAVIESS, DEKALB, GENTRY, GRUNDY, HARRISON, HENRY, HOLT, HOWARD, JOHNSON, LAFAYETTE, LINN, LIVINGSTON, MERCER, NODAWAY, PETTIS, SALINE, SULLIVAN AND WORTH COUNTTES ' Rates Fringes ' Power equipment operators: GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 25.50 11.15 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 25.10 11.15 GROUP 3 . . . . . . . . . . . . . . . . . . . . .$ 23 .10 11.15 POWER EQUIPMENT. OPERATORS CLASSIFICATIONS ' GROUP 1: Asphalt roller operator, finish; asphalt paver and spreader; asphalt plant operator; auto grader or trimmer or sub-grader; backhoe; blade operator (all types) ; boilers - 2; booster pump on dredge; bulldozer operator; boring ' machine (truck or crane mounted) ; clamshell operator; concrete mixer paver; concrete plant operator; concrete pump operator; crane operator; derrick or derrick trucks; ' ditching machine; dragline operator; dredge engineman; dredge operator; drill cat with compressor mounted • (self-contained) or similar type self- propelled rotary drill (not air tract) ; drilling or boring machine ' (rotary-self-propelled) ; finishing machine operator; greaser; high loader-fork lift-skid loader (all types) ; http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=D avis-Bacon&docid=MO200... 2/23/2007 WAIS Document Retrieval Page 6 of 32 ' hoisting engineer (2 active drums) ; locomotive operator (standard guage) ; mechanics and welders (field and plants) ; , mucking machine operator; pile drive operator; pitman crane • or boom truck (all types) ; push cat; quad track; scraper operators (all types) ; shovel operator; sideboom cats; side ' discharge spreader; skimmer scoop operators; slip form paver operator (CMI, Rex, Gomeco or equal) ; la tourneau rooter (all tiller types) ; tow boat operator; truck crane; wood and log chippers (all types) . GROUP 2: A-frame truck operator; articulated dump truck; back filler operator; boilers (1) ; chip spreader; churn ' drill operator; compressor; concrete mixer operator, skip loader; concrete saws (self-propelled) ; conveyor operator; crusher operator; distributor operator; elevating grader operator; farm tractor (all attachments) ; fireman rig; , float operator; form grade operator; hoisting engine (one drum) ; maintenance operator; multiple compactor; pavement breaker, self-propelled hydra-hammer (or similar type) ; paymill operator; power shield; pumps; roller operator , (with or without blades) ; screening and washing plant; self-propelled street broom or sweeper; siphons and jets; straw blower; stump cutting machine; siphons and jets; tank , car heater operator (combination boiler and booster) ; welding machine; vibrating machine operator (not hand held) ; welding machine. GROUP 3 : Oiler; oiler driver; mechanic. ' HOURLY PREMIUMS: THE FOLLOWING CLASSIFICATIONS SHALL RECEIVE ($ .25) ABOVE GROUP 1 RATE: Dragline operator - 3 yds. & over; shovel 3 yds. & over; clamshell 3 yds. & over; Crane, rigs or piledrivers, 100' of boom or over (incl. jib. ) , hoist each additional active drum over 2 drums THE FOLLOWING CLASSIFICATIONS SHALL RECEIVE ($ .50) ABOVE ' GROUP 1 RATE: Tandem scoop operator; crane, rigs or piledrivers 150' to 200 ' of boom (incl. jib. ) THE FOLLOWING CLASSIFICATIONS SHALL RECEIVE ($ .75) ABOVE ' GROUP 1 RATE: Crane rigs, or piledrivers 200 ft. of boom or over (including jib. ) ---------------------------------------------------------------- ENGI0101-005 04/01/2006 , CASS, CLAY, JACKSON,PLATTE AND RAY COUNTIES Rates Fringes ' Power equipment operators: GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 27.49 11.47 ' GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 26.45 11.47 GROUP 3 . . . . . . . . . . . . . . . . . . . . .$ 21.98 11.47 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 25.33 11.47 ' POWER EQUIPMENT OPERATORS CLASSIFICATIONS • GROUP 1: Asphalt roller operator, finish, asphalt paver and , spreader; asphalt plant operator; auto grader or trimmer or http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=M0200... 2/23/2007 , ' WAIS Document Retrieval Page 7 of 32 sub-grader; backhoe; blade operator (all types) ; boilers-2; booster pump on dredge; boring machine (truck or crane mounted) ; bulldozer operator; clamshell operator; concrete • cleaning decontamination machine operator; concrete mixer ' paver; concrete plant operator; concrete pump operator; crane operator; derrick or derrick trucks; ditching machine; dragline operator; dredge engineman; dredge operator; drillcat with compressor mounted (self-contained) or similar type self propelled rotary drill (not air tract) ; drilling or.boring machine (rotary - self-propelled) ;finishing machine operator; greaser; heavy equipment robotics operator/mechanic; horizontal ' directional drill operator; horizontal directional drill locator-; loader-forklift - skid loader (all -types) ; hoisting engineer (2 active drums) ; locomotive operator ' (standard guage) ; master environmental maintenance mechanic; mechanics and welders (field and plants) ; mucking machine operator, piledrive operator, pitman crane or boom truck (all types) ; push cat; quad-track; scraper ' operators (all types) ; shovel operator; side discharge spreader; sideboom cats; skimmer scoop operator; slip-form paver (CMI, REX, Gomaco or equal) ; la tourneau rooter (all ' tiller types) ; tow boat operator; truck crane; ultra high perssure waterjet cutting tool system operator/mechanic; vacuum blasting machine operator/mechanic; wood and log chippers (all types) ' GROUP 2: "A" Frame truck operator; articulated dump truck; back filler operator; boilers (1) ; chip spreader;churn ' drill operator; concrete mixer operator, skip loader; • concrete saws (self-propelled) ; conveyor operator; crusher operator; distributor operator; elevating grader operator; farm tractor (all attachments) ; fireman rig; float ' operator; form grader operator; hoisting engine (1 drum) ; maintenance operator; multiple compactor; pavement breaker, self-propelled hydra- hammer '(or similar type) ; power shield; paymill operator; pumps; siphons and jets; stump cutting machine; tank car heater operator (combination boiler and booster) ; compressor; roller operator (with or without blades) ; screening and washing plant; ' self-propelled street broom or sweeper; straw blower; tank car heater operator (combination boiler and booster) ; vibrating machine operator (not hand held) ' GROUP 3 : Oilers GROUP 4: Oiler Driver (All Types) ' FOOTNOTE: HOURLY PREMIUMS FOLLOWING CLASSIFICATIONS SHALL RECEIVE ($1.00) ABOVE GROUP 1 RATE: ' Clamshells - 3 yd. capacity or over; Cranes or rigs, 80 ft. of boom or over (including jib) ; Draglines, 3 yd. capacity or over; Piledrivers 80 ft. of boom or over (including jib) ; ' Shovels & backhoes, 3 yd. capacity or over. • ---------------------------------------------------------------- ENGIO101-022 05/01/2006 ' BARRY, BARTON, CAMDEN, CEDAR, CHRISTIAN, DADE, DALLAS, DOUGLAS, ' http://frwebgate.access.gpo.gov/cgi-bin/getdoc.egi?dbname=Davis-Bacon&docid=M0200... 2/23/2007 WAIS Document Retrieval Page 8 of 32 ' GREENE, HICKORY, JASPER, LACLEDE, LAWRENCE, MCDONALD, NEWTON, OZARK, POLK, ST. CLAIR, STONE, TANEY, VERNON, WEBSTER AND , WRIGHT COUNTIES and CITY OF SPRINGFIELD • Rates Fringes ' Power equipment operators: GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 22.12 9.95 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 21.77 9.95 ' GROUP 3 . . . . . . . . . . . . . . . . . . . . .$ 21.57 9.95 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 19.52 9.95 POWER EQUIPMENT OPERATORS CLASSIFICATIONS , GROUP 1: Asphalt finishing machine & trench widening spreader; asphalt plant console operator; autograder; automatic slipform paver; backhoe; blade operator - all types; boat operator - tow; boilers-2; central mix concrete plant operator; clamshell operator; concrete mixer paver; crane operator; derrick or derrick trucks; ditching ' machine; dozer operator; dragline operator; dredge booster pump; dredge engineman; dredge operator; drill cat with compressor mounted on cat; drilling or boring machine ' rotary self-propelled; highloader; hoisting engine - 2 active drums; launch hammer wheel; locomotive operator; - standard guage; mechanic and welders; mucking machine;' off-road trucks; piledriver operator; pitman crane operator; push cat operator; quad trac; scoop operator all types; shovel operator; sideboom cats; skimmer scoop operators; trenching machine operator; truck crane. • ' GROUP 2: A-frame; asphalt hot-mix silo; asphalt plant fireman (drum or boiler) ; asphalt plant man; asphalt plant man; asphalt plant mixer operator; asphalt roller operator; ' backfiller operator; barber-greene loader; boat operator (bridges and dams) ; chip spreader; concrete mixer operator - skip loader; concrete plant operator; concrete pump ' operator; crusher operator; dredge oiler; elevating grader operator; fork lift; greaser-fleet; hoisting engine - 1; locomotive operator - narrow gauge; multiple compactor; pavement breaker; powerbroom - self-propelled; power ' shield; rooter; side discharge concrete spreader; slip form finishing machine; stumpcutter machine; throttle man; tractor operator (over 50 h.p. ) ; winch truck. GROUP 3 : Boilers - 1; chip spreader (front man) ; churn drill , operator; clef plane operator; concrete saw operator (self- propelled) ; curb finishing machine; distributor operator; , finishing machine operator; flex plane operator; float operator; form grader operator; pugmill operator; roller operator, other than high type asphalt; screening & washing plant operator; siphons & jets; sub-grading machine , operator; spreader box operator, self-propelled (not asphalt) ; tank car heater operator (combination boiler & booster) ; tractor operator (50 h.p. or less) ; Ulmac, Ulric ' or similar spreader; vibrating machine operator, not hand; GROUP 4: Grade checker; Oiler; Oiler-Driver • HOURLY PREMIUMS: ' http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=M0200... 2/23/2007 WAIS Document Retrieval Page 9 of 32 ' The following classifications shall receive $ .25 above GROUP 1 rate: Clamshells - 3 yds. or over; Cranes —Rigs or Piledrivers, 100 ft. of boom or over (including jib) ; Draglines - 3 yds. or over; Hoists - each additional active drum over 2 drums; Shovels - 3 yds. or over; The following classifications shall receive $ .50 above GROUP ' 1 rate: Tandem scoop operator; Cranes - Rigs or Piledrivers, 150 ft. ' to 200 ft. of boom (including jib) ; Tandem scoop. The following classifications shall receive $ .75 above GROUP 1 rate: ' Cranes - Rigs or Piledrivers, 200 ft. of boom or over (including jib.) . ------------------------------------------------------ ENGI0513-004 05/03/2006 ' FRANKLIN, JEFFERSON, LINCOLN, ST CHARLES, AND WARREN COUNTIES ' Rates Fringes -Power equipment operators: GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 27.27 15.35 ' GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 27.27 15.35 GROUP 3 . . . . . . . . . . . . . . . . . . . . .$ 25.37 15.35 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 21.91 15.35 ' • POWER EQUIPMENT OPERATORS CLASSIFICATIONS GROUP 1: Backhoe, Cable; Backhoe, Hydraulic (2 cu yds bucket ' and under regardless of attachment, one oiler for 2 or 3, two oilers for 4 through 6) ; Backhoe, Hydraulic over 2 cu yds; Cableway; Crane, Crawler or Truck; Crane, Hydraulic - ' Truck or Cruiser mounted, 16 tons and over; Crane, Locomotive; crane with boom including jib over 100 ft from pin to pin; Crane using rock socket tool, Derrick, Steam; Derrick Car and Derrick Boat; Dragline, 7 cu yds and over; ' Dredge; Gradall, Crawler or tire mounted; Locomotive, Gas, Steam & other powers; Pile Driver, Land or Floating; Scoop, Skimmer; Shovel, Power (Electric, Gas, Steam or other ' powers) ; Shovel, Power (7 cu yds and over) ; Switch Boat; Whirley; Air Tugger with air compressor; Anchor Placing Barge; Asphalt Spreaker; Athey Force Feeder Loader, self-propelled; Backfilling Machine; Boat Operator - Push Boat or Tow Boat (job site) ; Boiler, High Pressure Breaking in Period; Boom Truck, Placing or Erecting; Boring Machine, Footing Foundation; Bullfloat; Cherry Picker; Combination Concrete Hoist and Mixer (such as Mixermobile) ; Compressor, ' Two 125 CFM and under; Compressor, Two through Four over 125 CFM; Compressor when operator runs throttle; Concrete Breaker (Truck or Tractor mounted) ; Concrete Pump. (such as ' Pumperete machine) ; Concrete Saw (self-propelled) ; Concrete Spreader; Conveyor, Large (not selfpropelled) hoisting or • moving brick and concrete into, or into and on floor level, one or both; Crane, Cimbing (such as Linden) ; Crane, ' Hydraulic Rough Terrain, self-propelled; Crane, Hydraulic Truck or Cruiser mounted - under 16 tons; Drilling ' http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=MO200... 2/23/2007 WAIS Document Retrieval Page 10 of 32 , machine - Self-powered, used for earth or rock drilling or ' boring (wagon drills and any hand drills obtaining power from other souces including concrete breakers, jackhammers • and Barco equipmnet no engineer required) ; Elevating Grader; Engine Man, Dredge; Excavator or Powerbelt Machine; ' Finishing Machine, self- propelled oscillating screed; Forklift; Generators, Two through Six 30 KW or over; Grader, Road with power blade; Greaser; Highlift; Hoist,. Concrete and Brick (Brick cages or concrete skips operating or on tower, Towermobile, or similar equipment) ; Hoist, Three or more drums in use; Hoist, Stack; Hydro-Hammer; Lad-A-Vator, hoisting brick or concrete; Loading Machine ' such as Barber-Greene; Mechanic on job site GROUP 2: Air Tugger with plant air; Boiler (for power or ' heating shell of building or temporary enclosures in connection with construction work) ; Boiler, Temporary; Compressor, One over 125 CFM; Compressor, truck mounted; Conveyor, Large (not self- propelled) ; Conveyor, Large (not , self- propelled) moving brick and concrete (distributing) on floor level; Curb Finishing Machine; Ditch Paving Machine; Elevator (outside) ; Endless Chain Hoist; Fireman (as required) ; Form Grader; Hoist, One Drum regardless of , size (except brick or concrete) ; Lad-A-Vator, other hoisting; Manlift; Mixer, Asphalt, over 8 cu ft capacity; Mixer, one bag capacity or less; Mixer, without side ' loader, two bag capacity or more; Mixer, with side loader, regardless of size, not Paver; Mud Jack (where mud jack is used in conjenction with an air compressor, operator shall be paid $ .55 per hour in addition to his basic hourly rate • ' for covering both operations) ; Pug Mill operator; Pump, Sump - self powered, automatic controlled over 211 ; Scissor Lift (used for hoisting) ; Skid Steer Loader; Sweeper, Street; Tractor, small wheel type 50 HP and under with ' grader blade and similar equipment; welding Machine, One over 400 amp; Winch, operating from truck GROUP 3: Boat operator - outboard motor, job site; Conveyors ' (such as Con-Vay-It) regardless of how used; Elevator (inside) ; Heater operator, 2 through 6; Sweeper, Floor GROUP 4: Crane type ' HOURLY PREMIUMS: , Backhoe, Hydraulic 2 cu yds or less without oiler - $2.00; Certified Crane Operator - $1.50; Certified Hazardous Material Operator $1.50; . ' Crane,climbing (such as Linden) - $.50; Crane, Pile Driving and Extracting - $ .50 Crane with boom (including job) over 100 ft from pin to pin - add $.01 per foot , to maximum of $4.00) ; Crane, using rock socket tool - $ .50; Derrick, diesel, gas or electric hoisting material , and erecting steel (150 ft or more above ground) - $ .50; Dragline, 7 cu yds and over - $ .50; • Hoist, Three or more drums in use - $ .50; Scoop, Tandem - $.50; , Shovel, Power - 7 cu yds and over - $ .50; htt ://frweb ate.access.gP o. ov/c i-bin/ etdoc.c gi?dbname=Davis-Bacon&docid=M0200... 2/23/2007 ' WAIS Document Retrieval Page 11 of 32 Tractor, Tandem Crawler - $ .50; ' Tunnel, man assigned to work in tunnel or • tunnel shaft - $ .50; Wrecking, when machines are working on ' second-floor-or-higher-_ $ .50 - ENGI0513-006 05/01/2006 ADAIR, AUDRAIN, BOLLINGER, BOONE, BUTLER, CALLAWAY, CAPE GIRARDEAU, CARTER, CLARK, COLE, CRAWFORD, DENT, DUNKLIN, GASCONADE, HOWELL, IRON, KNOX, LEWIS, MACON, MADISON, MARIES, MARION, MILLER, MISSISSIPPI, MONITEAU, MONROE, MONTGOMERY, MORGAN, NEW MADRID, OREGON, OSAGE, PEMISCOT, PERRY, PHELPS, PIKE, PULASKI, PUTNAM, RALLS, RANDOLPH, REYNOLDS, RIPLEY, ST. FRANCOIS, STE. GENEVIEVE, SCHUYLER, SCOTLAND, SCOTT, SHANNON, SHELBY, STODDARD, TEXAS, WASHINGTON, AND WAYNE COUNTIES Rates Fringes ' Power equipment operators: GROUP 1. : . . . . . . . $ 23 .70 15.31 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 23 .35 15.31 ' GROUP 3 . . . . . . . . . . . . . . . . . . . . .$ 23 .15 15.31 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 19.50 15.31 POWER EQUIPMENT OPERATORS CLASSIFICATIONS ' GROUP 1: Asphalt finishing machine & trench widening spreader, asphalt plant console operator; autograder; automatic slipform paver; back hoe; blade operator - all types; boat operator tow; boiler two; central mix concrete plant operator; clam shell operator; concrete mixer paver; crane operator; derrick or derrick trucks; ditching machine; dozer operator; dragline operator; dredge booster pump; dredge engineman; dredge operator; drill cat with compressor mounted on cat; drilling or boring machine rotary self-propelled; highloader; hoisting engine 2 active drums; launchhammer wheel; locomotive operator standrad guage; mechanics and welders; mucking machine; piledriver operator; pitman crane operator; push cat operator; ' guad-trac; scoop operator; sideboom cats; skimmer scoop operator; trenching machine operator; truck crane, shovel operator. GROUP 2: A-Frame; asphalt hot-mix silo; asphalt roller operator asphalt plant fireman (drum or boiler) ; asphalt plant man; asphalt plant mixer operator; backfiller ' operator; barber-greene loader; boat operator (bridge & dams) ; chip spreader; concrete mixer operator skip loader; concrete plant operator; concrete pump operator; dredge oiler; elevating graded operator; fork lift; grease fleet; ' hoisting engine one; locomotive operator narrow guage; multiple compactor; pavement breaker; powerbroom self-propelled; power shield; rooter; slip-form finishing ' machine; stumpcutter machine; side discharge concrete spreader; throttleman; tractor operator (over 50 hp) ; winch truck; asphalt roller operator; crusher operator. ' GROUP 3 : Spreader box operator, self-propelled not asphalt; tractor operator (50 h.p. or less) ; boilers one; chip http://ftwebgate.access.gpo.gov/cgi-bin/getdoc.cgl?dbname=Davis-Bacon&docid=MO200... 2/23/2007 WAIS Document Retrieval Page 12 of 32 spreader (front man) ; churn drill operator; compressor over ' 105 CFM 2-3 pumps 4" & over; 2-3 light plant 7.5 KWA or any combination thereof; clef plane operator; compressor • maintenance operator 2 or 3; concrete saw operator (self-propelled) ; curb finishing mancine; distributor ' operator; finishing machine operator; flex plane operator; float operator; form grader operator; pugmill operator; riller operator other than high type asphalt; screening & , washing plant operator; siphons & jets; subgrading machine operator; tank car heater (combination boiler & booster) ; ulmac, ulric or similar spreader; vibrating machine operator; hydrobroom. GROUP 4: Oiler g rout machine; oiler driver; compressor over ' 105 CFM one; conveyor operator one; maintenance operator; pump 4" & over one. ' FOOTNOTE: HOURLY PREMIUMS Backhoe hydraulic, 2 cu. yds. or under Without oiler - $2.00 Certified Crane Operator - $1.50; Certified Hazardous Material,Operator $1.50; Crane, climbing (such as Linden) - $0.50; Crane, pile driving and extracting - $0.50; Crane, with boom (including jib) over 100' from pin to pin add $0.01 per foot to maximum of $4.00; ' Crane, using rock socket tool - $0.50; Derrick, diesel, gas or electric, hoisting material and erecting steel (150' or more above the ground) --"$0.50; Dragline, 7 cu. yds, and over - $0.50; • ' Hoist, three or more drums in use - $0.50; Scoop, Tandem - $0.50; Shovel, power - 7 cu. yds. or more - $0.50; Tractor, tandem crawler - $0.50; ' Tunnel, man assigned to work in tunnel or tunnel shaft - $0.50; Wrecking, when machine is working on second floor or higher - $0.50; ---------------------------------------------------------------- ENGI0513-007 05/03/2006 ST. LOUIS CITY AND COUNTY ' Rates Fringes Power equipment operators: ' GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 27.27 15.35 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 27.27 15.35 ' GROUP 3 . . . . . . . . . . . . . . . . . . . . .$ 25.37 15.35 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 21.91 15.35 POWER EQUIPMENT OPERATORS CLASSIFICATIONS , GROUP 1: Backhoe, cable or hydraulic; cableway; crane crawler or truck; crane, hydraulic-truck or cruiser mounted ' 16 tons & over; crane locomotive; derrick, steam; derrick car & derrick boat; dragline; dredge; gradall, crawler or • tire mounted; locomotive, gas, steam & other powers; pile driver, land or floating; scoop, skimmer; shovel, power , (steam, gas, electric or other powers) ; switch boat; h ://frwebgate.access.gpo.gov/cgi-bin/getdoe.cgi?dbname=Davis-Bacon&docid=MO200... 2/23/2007 ' WAIS Document Retrieval Page 13 of 32 whirley. ' GROUP 2: Air tugger w/air compressor; anchor-placing barge; asphalt spreader; athey force feeder loader (self- propelled) ; backfilling machine; backhoe-loader; boat ' operator-push boat or tow boat (job site) ; boiler, high pressure breaking in period; boom truck, placing or erecting; boring machine, footing foundation; bull- float; ' cherry picker; combination concrete hoist & mixer (such as mixer mobile) ; compressor (when operator runs throttle) ; concrete breaker (truck or tractor mounted) ; concrete pump, such as pump-crete machine; concrete saw (self-propelled) , concrete spreader; conveyor, large (not self-propelled) , hoisting or moving brick and concrete into, or into and on floor level, one or both; crane, hydraulic-rough terrain, self-propelled; crane hydraulic-truck or cruiser mounted-under 16 tons; drilling machines, self-powered use for earth or rock drilling or boring (wagon drills nd any hand drills obtaining power from other sources including ' concrete breakers, jackhammers and barco equipment-no engineer required) ; elevating grader; engineman, dredge; excavator or powerbelt machine; finishing machine, self-propelled oscillating screed; forklift; grader, road with power blade; highlift. greaser; hoist, stack, hydro-hammer; loading machine (such as barber-greene) ; machanic, on job site; mixer, pipe wrapping machines; plant ' asphalt; plant, concrete producing or ready-mix job site; plant heating-job site; plant mixing-job site; plant power, generating-job site; pumps, two through six self-powered over 211 ; pumps, electric submersible, two through six, over ' 411 ; quad-track; roller, asphalt, top or sub-grade; scoop, tractor drawn; spreader box; sub-grader; tie tamper; tractor-crawler, or wheel type with or without power unit, ' power take-offs and attachments regardless of size; trenching machine; tunnel boring machine; vibrating machine automatic, automatic propelled; welding machines (gasoline or diesel) two through six; well drilling machine GROUP 3 : Conveyor, large (not self-propelled) ; conveyor, large (not self-propelled) moving brick and concrete ' distributing) on floor level; mixer two or more mixers of one bag capacity or less; air tugger w/plant air; boiler, for power or heating on construction projects; boiler, temporary; compressor (mounted on truck; curb finishing machine; ditch paving machine; elevator; endless chain hoist; form grader; hoist, one drum regardless of size; lad-a-vator; manlift; mixer, asphalt, over 8 cu. ft. ' capacity, without side loader, 2 bag capacity or more; mixer, with side loader, regardless of size; pug mill operator; pump, sump-self-powered, automatic controlled over 2" during use in connection with construction work; ' sweeper, street; welding machine, one over 400 amp. ; winch operating from truck; scissor lift (used for hoisting) ; tractor, small wheel type 50 h.p. & under with grader blade ' & similar equipment; Oiler on dredge and on truck crane. • GROUP 4: Boat operator-outboard motor (job site) ; conveyor (such as con-vay-it) regardless of how used; sweeper, floor ' HOURLY PREMIUMS: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=M0200... 2/23/2007 WAIS Document Retrieval Page 14 of 32 ' Backhoe, hydraulic 2 cu. yds. or under without oiler $2.00 ' Certified Crane Operator 1.50 Certified Hazardous Material Operator 1.50 Crane, climbing (such as Linden) .50 , Crane, pile driving and extracting .50 Crane, with boom (including jib) over 100' (from pin to pin) add $.01 per foot to maximum of 4.00 t Crane, using rock socket tool .50 Derrick, diesel, gas or electric, hoisting material and erecting steel (150 ' or more above ground) .50 Dragline, 7 cu. yds. and over .50 Hoist, three (3) or more drums in use .50 Scoop, Tandem .50 ' Shovel, power - 7 cu. yds. or more :50 Tractor, tandem crawler .50 Tunnel, man assigned to work in tunnel , or tunnel shaft .50 Wrecking, when machine is working on second floor or higher .50 -------------------------------------------------- IRON0010-012 04/01/2006 Rates Fringes Ironworkers: , ANDREW, ATCHISON, BARTON, BATES, BENTON, CALDWELL, ' CAMDEN, CARROLL, CEDER CHARITON, CHRISTIAN, CLINTON, COOPER, DADE, DALLAS, DAVIESS, DE KALB, , GENTRY, GREENE, GRUNDY, HARRISON, HENRY, HICKORY, HOLT, HOWARD, LACLEDE, ' LINN, LIVINGSTON, MERCER, MONITEAU, MORGAN, NODAWAY, PETTIS, POLK, PUTNAM, RANDOLPH, ST. CLAIR, SALINE, SULLIVAN, TANEY, VERNON, WEBSTER, WRIGHT and WORTH Counties; and portions of ADAIR, BOONE, MACON, MILLER, and RANDOLPH Counties. . . . . . . . . . .$ 22.60 17.75 BUCHANAN, CASS, CLAY, JACKSON, JOHNSON, LAFAYETTE, PLATTE AND RAY Counties. . . . . . . . . . . . . . . . . . . .$ 25.60 17.75 ---------------------------------------------------------------- IRON0321-002 12/31/2004 ' DOUGLAS, HOWELL and OZARK COUNTIES , Rates Fringes • Ironworker ---. --.----- . . ------- . .$-17.15 10.06 ------------ ------- , http://frwebgate.access.gpo.gov/cgi-bin/getdoe.cgi?dbnaTne=Davis-Bacon&docid=M0200... 2/23/2007 WAIS Document Retrieval Page 15 of 32 IRON0396-004 01/03/2007 ' ST. LOUIS (City and County) , ST. CHARLES, JEFFERSON, IRON, • FRANKLIN, LINCOLN, WARREN, WASHINGTON, ST. FRANCOIS, STE. ' GENEVIEVE, and REYNOLDS Counties; and portions of MADISON, PERRY, BOLLINGER, WAYNE, and CARTER Counties Rates Fringes ' Ironworker. . . . . . . . . . . . . . . . . . . . . . .$ 27.83 15.06 ------'---------------------------------------------------------- ' IRON0396-009 01/03/2007 AUDRAIN, CALLAWAY, COLE, CRAWFORD, DENT, GASCONADE, MARIES, MONTGOMERY, OSAGE, PHELPS, PIKE, PULASKI, TEXAS and WRIGHT Counties; and portions of BOONE, CAMDEN, DOUGLAS, HOWELL, LACLEDE, MILLER, MONROE, OREGON, SHANNON and RALLS Counties Rates Fringes tIronworker. . . . . . . . . . . . . . . . . . . . . . .$ 23 .57 14.71 ---------------------------------------------------------------- IRON0577-005 08/01/2005 ADAIR, CLARK, KNOX, LEWIS, MACON, MARION, MONROE, RALLS, SCHUYLER, SCOTLAND, AND SHELBY COUNTIES Rates Fringes ' Iron worker $ 20.60 11.95 ----------------------- - ------------ ------- • IRON0584-004 06/01/2006 BARRY, JASPER, LAWRENCE, MCDONALD, NEWTON AND STONE Counties Rates Fringes Ironwork . . 20.35 --------------------- ---- -------------9---------- * IRON0782-003 01/01/2007 CAPE GIRARDEAU, MISSISSIPPI, NEW MADRID, SCOTT, & STODDARD Counties; and portions of BOLLINGER, BUTLER, CARTER, DUNKLIN, MADISON, PEMISCOT, PERRY, RIPLEY, and WAYNE Counties Rates Fringes ' Ironworkers: Locks, Dams, Bridges and other major work on the Mississippi and Ohio River ' only. . . . . . . . . . . .$ 23.94 13 .59 All Other Work. . . . . . . . . . . . . .$ 21.65 12.59 ---------------------------------------------------------------- ' LAB00042-003 03/06/2006 . ST. LOUIS (City and County) ' Rates Fringes http://fiwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=MO200... 2/23/2007 WAIS Document Retrieval Page 16 of 32 Laborers- Plumber Laborers--. ��----�-� 2 - ---- ----------------- ----- , LAB00042-005 03/01/2006 • ST. LOUIS (City and County) , Rates Fringes Laborers: ' Dynamiter, Powderman. . . . . . . .$ 26.08 9.10 Laborers, Flagperson. . . . . . . .$ 25.58 9.10 , Wrecking. . . . . . . . . . . . . . . . . . . .$ 25.46 9.10 ---------------------------------------------------------------- LAB00424-002 05/01/2005 Rates Fringes ' Laborers: , ADAIR, AUDRAIN, BOLLINGER, BOONE, BUTLER, CALLAWAY, CAPE GIRARDEAU, CARTER, CHARITON, CLARK, COLE, COOPER, CRAWFORD, DENT, DUNKLIN, GASCONADE, HOWARD, HOWELL, IRON, ' KNOX, LEWIS, LINN, MACON, MADISON, MARIES, MARION, MILLER, MISSISSIPPI, MONITEAU, MONROE, NEW • ' MADRID, OREGON, OSAGE, PEMISCOT, PERRY, PHELPS, PIKE, PULASKI, PUTNAM, RALLS, RANDOLPH, REYNOLDS, RIPLEY, ST. FRANCOIS, STE. GENEVIEVE, SCHUYLER, SCOTLAND, SCOTT, SHANNON, SHELBY, STODDARD, SULLIVAN, TEXAS, WASHINGTON AND WAYNE COUNTIES GROUP 1. . . . . . . . . . . . . . . . . . . .$ 21.77 7.78 ADAIR, AuDRAIN, BOLLINGER, BOONE, BUTLER, CA.LLAWAY, CAPE GIRARDEAU, CARTER, CHARITON, CLARK, COLE, COOPER, CRAWFORD, DENT, DUNKLIN, GASCONADE, , HOWARD, HOWELL, IRON, KNOX, LEWIS, LINN, MACON, MADISON, MARIES, MARION, MILLER, MISSISSIPPI, ' MONITEAU, MONROE, NEW MADRID, OREGON, OSAGE, PEMISCOT, PERRY, PHELPS, ' PIKE, PULASKI, PUTNAM, RALLS, RANDOLPH, REYNOLDS, RIPLEY, ST. FRANCOIS, STE. GENEVIEVE, SCHUYLER, , SCOTLAND,. SCOTT, SHANNON, http://frwebgate.access.gpo.gov/cgi-bin/getdoe.cgi?dbname=Davis-Bacon&docid=MO200... 2/23/2007 , WAIS Document Retrieval Page 17 of 32 ' SHELBY, STODDARD, SULLIVAN, TEXAS, • WASHINGTON AND WAYNE COUNTIES ' GROUP 2. . . . . . . . . . . . . . . . . . . .$ 22.37 7.78 FRANKLIN COUNTY GROUP 1. . . . . . . . . . . . . . . . . . . .$ 23 .22 7.78 GROUP 2 . . . . . . . . . . . . . . . . . . . .$ 23 .82 7.78 JEFFERSON COUNTY GROUP 1. . . . . . . . . . . . . . . . . . . .$ 23.27 7.78 GROUP 2. . . . . . . . . . . . . . . . . . . .$ 23.87 7.78 LINCOLN, MONTGOMERY AND WARREN COUNTIES GROUP 'I. . . . . . . . . . . . . . . . . . . .$ 22.02 7.78 GROUP 2. . . . . . . . . . . . . . . . . .$ 22.62 7.78 ' LABORERS CLASSIFICATIONS GROUP 1 - General laborer-flagman, carpenter tenders; salamander Tenders; Dump Man; Ticket Takers; loading trucks under bins, hoppers, and conveyors; track man; cement handler; dump man on earth fill; georgie buggie man; ' material batch hopper man; spreader on asphalt machine; material mixer man (except on manholes) ; coffer dams; riprap pavers rock, block or brick; scaffolds over ten feet not self-supported from ground up; skip man on concrete ' paving; wire mesh setters on concrete paving; all work in connection with sewer, water, gas, gasoling, oil, drainage pipe,. conduit pipe, tile and duct lines and all other pipe ' • lines; power tool operator; all work in connection with hydraulic or general dredging operations; form setters, puddlers (paving only) ; straw blower nozzleman; asphalt ' plant platform man; chuck tender; crusher feeder; men handling creosote ties or creosote materials; men working with and handling epoxy material; topper of standing trees; feeder man on wood pulverizers, board and willow mat ' weavers and cabelee tiers on river work; deck hands; pile dike and revetment work; all laborers working on underground tunnels less than 25 ft. where compressed air is not used; abutement and pier hole men working six (6) ' ft. or more below ground; men working in coffer dams for bridge piers and footing in the river; barco tamper; jackson or any other similar- tamp; cutting torch man; liners, curb, gutters, ditch lines; hot mastic kettlemen; ' hot tar applicator; hand blade operator; mortar men or brick or block manholes; rubbing concrete, air tool operator under 65 lbs. ; caulker and lead man; chain or concrete saw under 15 h.p. ; signal Gan; Guard rail and sign erectors. GROUP 2 - Skilled laborers - vibrator man; asphalt raker; ' head pipe layer on sewer work; batterboard man on pipe and ditch work; cliff scalers working from bosun's chairs; scaffolds or platforms on dams or power plants over 10 ft. high; air tool operator over 65 lbs. ; stringline man on concrete paving; sandblast man; laser beam man; wagon drill; churn drill; air track drill and all other similar type drills, gunite nozzle man; pressure grout man; screed ' man on asphalt; concrete saw 15 h.p. and over; grade checker; strigline man on electronic grade control; manhole htt ://fiweb ate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=MO200... 2/23/2007 P g WAIS Document Retrieval Page 18 of 32 ' builder; dynamite man; powder man; welder; tunnel man; ' waterblaster - 1000 psi or over; asbestos and/or hazardous --waste-removal-and/or disposal • LABOO579-005 05/01/2006 ' Rates Fringes Laborer (BUCHANAN COUNTY) ' GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 20.04 9.24 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 20.39 9.24 Laborers: (ANDREW, ATCHISON, ' CALDWELL, CLINTON, DAVIESS, DEKALB, GENTRY, GRUNDY, HARRISON, HOLT, LIVINGSTON, MERCER, NODAWAY and WORTH ' COUNTIES. ) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 20.04 9.24 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 20.39 9.24 Laborers: (BARRY, BARTON, , BATES, BENTON, CAMDEN, CARROLL, CEDAR, CHRISTIAN, DADE, DALLAS, DOUGLAS, ' GREENE, HENRY. HICKORY, JASPER, -JOHNSON, LACLEDE, LAWRENCE, MCDONALD, MORGAN, ' NEWTON, OZARK, PETTIS, POLK, ST.CLAIR, SALINE, STONE, TANEY, VERNON, WEBSTER and WRIGHT COUNTIES) • ' GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 18.79 8.69 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 19.34 8.69 Laborers: (LAFAYETTE COUNTY) ' GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 20.34 8.94 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 20.69 8.94 LABORERS CLASSIFICATIONS ' GROUP 1: General Laborers - Carpenter tenders; salamander tenders; loading trucks under bins; hoppers & conveyors; track men & all other general laborers; air tool operator; ' cement handler-bulk or sack; dump man on earth fill; georgie buggie man; material batch hopper man; material mixer man (except on manholes) ; coffer dams; riprap pavers ' - rock, block or brick; signal man; scaffolds over ten feet not self supported from ground up; skipman on concrete paving; wire mesh setters on concrete paving; all work in connection with sewer, water, gas, gasoline, oil drainage ' pipe, conduit pipe, tile and duct lines and all other pipe lines; power tool operator, all work in connection with hydraulic or general dredging operations; puddlers (paving , only) ; straw blower nozzleman; asphalt plant platform man; chuck tender; crusher feeder; men handling creosote ties or creosote materials; men working with and handling epoxy material or materials (where special protection is required) ; rubbing concrete; topper of standing trees; batter board man on pipe and ditch work; feeder man on wood pulverizers; board and willow mat weavers and cable tiers on river work; deck hands; pile dike and revetment work; , all. laborers working on underground tunnels less than 25 http://frwebgate.access.gpo.gov/cgi-bin/getdoe.cgi?dbname=Davis-Bacon&docid=M0200... 2/23/2007 ' I ' WAIS Document Retrieval Page 19 of 32 , feet where compressed air is not used; abutment and pier ' hole men working six (6) feet or more below ground; men working in coffer dams for bridge piers and footings in the • river; ditchliners; pressure groutmen; caulker; chain or ' concrete saw; cliffscalers working from scaffolds, bosuns' chairs or platforms on dams or power plants over (10) feet above ground; mortarmen on brick or block manholes; toxic and hazardous waste work. GROUP 2: Skilled Laborers - Head pipe layer on sewer work; laser beam man; Jackson or any other similar tamp; cutting torch man; form setters; liners and stringline men on ' concrete paving, curb, gutters; hot mastic kettleman; hot tar applicator; sandblasting and gunite nozzlemen; air tool operator in tunnels; screed man on asphalt machine; asphalt raker; barco tamper; churn drills; air track drills and all similar drills; vibrator man; stringline man for electronic grade control'; manhole builders-brick or block; dynamite ' and powder men; grade checker. --L-AI-3-0-0-6-6-0---0-0-6--O-5-/-O-1-/-2-0-0-5 ' ST. CHARLES COUNTY Rates Fringes ' Laborers: GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 24.24 7.89 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 24.24 7.89 ' • LABORERS CLASSIFICATIONS GROUP 1: General laborer; carpenter tender; salamander ' tender; dump man; ticket takers; flagman; loading trucks under bins, hoppers, and conveyors; track men; cement handler; dump man on earth fill; Georgie buggie man; ' material batch hopper man; spreader on asphalt machine; material mixer man (except on manholes) ; coffer dams; riprap paver - rock, block, or brick; signal man; scaffolds over 10 ft not self-supported from ground up; skipman on concrete paving; wire mech setters on concrete paving; all work in connection with sewer, water, gas, gasoline, oil, drainage pipe, conduit pipe, tile and duct lines and all other pipe lines; power tool operator; all work in ' connection with hydraulic or general dredging operations; form setters; puddlers (paving only) ; straw blower nozzleman; asphalt plant platform man; chuck tender; ' crusher feeder; men handling creosote ties or creosote materials; men working with and handling epoxy material; topper of standing trees; feeder man on wood pulverizer; board and willow mat weavers and cable tiers on river work; ' deck hands; pile dike and revetment work; all laborers working on underground tunnels less than 25 ft where compressed air is not used; abutment and pier hole men working 6 ft or more below ground; men working in coffer ' dams for bridge piers and footings in the river; Barco tamper, Jackson or any other similar tamp; cutting torch man; liners, curb, gutters, ditchliners; hot mastic ' kettleman; hot tar applicator; hand blade operators; mortar men on brick or block manholes; rubbing concrete; air tool ' http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=MO200... 2/23/2007 WAIS Document Retrieval Page 20 of 32 , operator under 65 pounds; caulker and lead man; chain saw , under 15 hp; guard rail and sign erectors GROUP 2: Vibrator man; asphalt raker; hand pipe layer on . sewer work; batterboard man on pipe and ditch work; cliff , scalers working from Bosun's chairs, scaffolds or platforms on dams or power plants over 10 ft high; air tool operator over 65 pounds;stringline man on concrete paving etc. ; sand blast man; laser beam man; wagon drill; churn drill; air ' track drill and all other similar type drills; gunnite nozzle man; pressure grout man; screed man on asphalt; concrete saw 15 hp and over; grade checker; stringline man , on electronic grade control; manhole builder; dynamite man; powder man; welder; tunnel man; waterblaster - 1000 psi and over; asbestos and/or hazardous waste removal and or --disposal; ' ------------------------------------------------------------ LAB00663-002 04/01/2006 CASS, CLAY, JACKSON, PLATTE AND RAY COUNTIES ' Rates Fringes Laborers: ' GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 23 .28 9.39 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 24.49 9.39 LABORERS CLASSIFICATIONS GROUP 1: General laborers, Carpenter tenders, salamander • ' tenders, loading trucks under bins, hoppers and conveyors, track men and all other general laborers, air tool operator, cement handler (bulk or sack) , chain or concrete saw, deck hands, dump man on earth fill, Georgie Buggies ' man, material batch hopper man, scale man, material mixer man (except on manholes) , coffer dams, abutments and pier hole men working below ground, riprap pavers rock, black or ' brick, signal man, scaffolds over ten feet not self-supported from ground up, skipman on concrete paving, wire mesh setters on concrete paving, all work in connection with sewer,water, gas, gasoling, oil, drainage pipe, conduit pipe, tile and duct lines and all other pipelines, power tool operator, all work in connection with hydraulic or general dredging operations, straw blower nozzleman,asphalt plant platform man, chuck tender, crusher ' feeder, men handling creosote ties on creosote materials, men working with and handling epoxy material or materials (where special protection is required) , topper of standing ' trees, batter board man on pipe and ditch work, feeder man on wood pulverizers, board and willow mat weavers and cable tiers on river work, deck hands, pile dike and revetment work, all laborers working on underground tunnels less than 25 feet where compressed air is not used, abutment and pier hole men working six (6) feet or more below ground, men working in coffer dams for bridge piers and footings in the ' river, ditchliners, pressure groutmen, caulker and chain or concrete saw, cliffscalers working from scaffolds, bosuns' chairs or platforms on dams or power plants over (10) feet above ground, mortarmen on brick or block manholes, signal , man. http://frwebgate.access.gpo.gov/cgi-bin/getdoe.cgi?dbname=Davis-Bacon&docid=M0200... 2/23/2007 ' ' WAIS Document Retrieval Page 21 of 32 t GROUP 2: Skilled Laborer - spreader or screed man on asphalt machine, asphalt raker, grade checker, vibrator • man, concrete saw over 5 hp. , laser beam man, barco tamper, jackson or any other similar tamp, wagon driller, churn ' drills, air track drills and other similar drills, cutting torch man, form setters, liners and stringline men on concrete paving, curb, gutters and etc. , hot mastic ' kettleman, hot tar applicator, hand blade operators, mortar men on brick or block manholes, sand blasting and gunnite nozzle men, rubbing concrete, air tool operator in tunnels, head pipe layer on sewer work, manhole builder (brick or --block) , dynamite and powder men. -------------------------------- ------------------------------ PAIN0002-002 09/01/2006 ' CLARK, FRANKLIN, JEFFERSON, LEWIS, LINCOLN, MARION, PIKE, RALLS, ST. CHARLES, ST. LOUIS (CITY & COUNTY) , AND WARREN COUNTIES Rates Fringes Painters: Brush. . .$ 27.79 9.77 Spray. . . . . . . . . ... . . . . ... .-..:.$ 29.79 9.77 ---------------------------------------------------------------- ' PAIN0002-006 02/01/2006 ADAIR, AUDRAIN, BOONE, CALLAWAY, CHARITON, COLE, GASCONADE, HOWARD, KNOX, LINN, MACON, MONROE, MONTGOMERY, OSAGE, PUTNAM, ' • RANDOLPH, SCHUYLER, SCOTLAND, SHELBY AND SULLIVAN COUNTIES and the City of Booneville. ' Rates Fringes Painters: Bridges, Dams, Locks or ' Powerhouses. . . . . . . . . . . . . . . . .$ 22.05 6.92 Brush and Roll; Taping, Paperhanging. . . . . . . . . . . . . . . .$ 20.05 6.92 ' Epoxy or Any Two Part Coating; Sandblasting; Stage or Other Aerial Work - Platforms over 50 feet ' high; Lead Abatement. . . . . . . .$ 21.05 6.92 Spray; Structural Steel (over 50 feet) . . . . . . . . . . . . . .$ 20.55 6.92 ' Tapers. using Ames or -----Comparable-Tools. .. . . _ _ _ . - .$-2030-------------6.92------- PAIN0003-004 04/01/2006 ' BATES, BENTON, CALDWELL, CARROLL, CASS, CLAY, CLINTON, COOPER, DAVIESS, GRUNDY, HARRISON, HENRY, JACKSON, JOHNSON, LAFAYETTE, LIVINGSTON, MERCER, MONITEAU, MORGAN, PETTIS, PLATTE, RAY AND SALINE COUNTIES Rates Fringes ' Painters: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=M0200... 2/23/2007 WAIS Document Retrieval Page 22 of 32 , Bazooka, Boxes & Pwer ' Sander. . . . . . . . . . . . . . . . . . . . . .$ 27.42 11.35 Brush & Roller. . . . . . . . . . . . . .$ 26.20 11.35 • Drywall. . . . . . . . . . . . . . . . . . . . .$ 26.42 11.35 Lead Abatement; Sprayman. . . .$ 27.20 11.35 ' Sandblast (Bridge, Stage, Erected Steel and Storage Bin and Tanks) . . . . . . . . . . . . . .$ 27.70 11.35 Sprayman (Storage Bin & Tanks, Elevated Tanks) ; Stageman (Spray) ; Bridgeman (Spray) ; Steelman (Spray) . . . . . . . . . . . .$ 27.95 11.35 Steeplejack - Spray or Sandblast (other than Elevated Tanks) . . . . . . . . . . . . .$ 31.89 11.35 ' Steeplejack (other than Elevated Tanks) . . . . . . . . . . . . .$ 30.89 11.35 Storage Bin & Tanks ' (Roller or Brush) ; Elevated Tanks (Roller or Brush) ; Stageman; Beltman; Bridgeman; Steelman; Sand , Blast (Base) ; Elevator Shaft. . . . . . . . . . . . . . . . . . . . .$ 26.95 11.35 ------------------------------------------------------- PAIN0098-002 05/01/2005 , ANDREW, ATCHISON, BUCHANAN, DE KALB, GENTRY, HOLT, NODAWAY & WORTH COUNTIES • ' Rates Fringes Painters: ' Brush & Roller. . . . . . . . . . . . . .$ 22.10 8.40 Sandblasters. . . . . . . . . . . . . . . .$ 23 .10 8.40 -----Steeple-Jack ----------------$ 25.10 8 - ------------- -40------- , IIII PAIN0203-001 04/01/2006 BARRY, BARTON, CEDAR, CHRISTIAN, DADE, . DALLAS, DOUGLAS, GREENE, , HICKORY, HOWELL, JASPER, LAWRENCE, MCDONALD, NEWTON, OZARK, POLK, ST. CLAIR, STONE, TANEY, VERNON, WEBSTER and WRIGHT COUNTIES Rates Fringes ' Painters: , Painters. . . . . . . . . . . . . . . . . . . .$ 17.00 9.27 Sandblasters and Highman ----- (avers. . . . .-----------------$_19.55-------------9-??------- , Tapers. . . . . . . . . . . . . . . . . . . . . .$ 18.80 7.45 PAIN1265-003 07/01/2006 CAMDEN, CRAWFORD, DENT, LACLEDE, MARIES, MILLER, PHELPS, , PULASKI AND TEXAS COUNTIES Rates Fringes ' h ://frweb ate.access. o. ov/c i-bin/ etdoc.c '?dbname=Davis-Bacon&docid=M0200... 2/23/2007 , � g gP g g g � ' WAIS Document Retrieval Page 23 of 32 ' Painters: Brush and Roller. . . . . . . . . . . .$ 20.55 9.36 • Lead Abatement. . . . . . . . . . . . . .$ 22.80 9.36 Spray. .$ 22.05 9.36 Structural Steel, Sandblasting and All Tank Work. . . . . . . . . . . . . . . . . . . . . .$ 21.80 9.36 ' Taping, Paperhanging, Floor Work. .$ 21.05 9.36 ----- - -- ---------------------------------------- PAIN1292-002 09/01/2006 BOLLINGER, BUTLER, CAPE GIRARDEAU, CARTER, DUNKLIN, MISSISSIPPI, NEW MADRID, OREGON, PEMISCOT, PERRY, REYNOLDS, RIPLEY, SCOTT, SHANNON, STODDARD and WAYNE COUNTIES Rates Fringes ' Painters: Bridges, Stacks & Tanks. . . . .$ 25.52 9.72 Commercial. . . . . . . . . . . . . . . . . .$ 18.07 9.72 Industrial. . . . . . . . . . . . . . . . . .$ 20.57 9.72 ' Spray & Abrasive Blasting. . .$ 20.07 9.72 Taper (Tools) . . . . . . . . . .$ 18.32 9.72 Waterblasting. . . . . . . . . . . . . . .$ 20.07 9.72 ' Height Rates (All Areas) : Over 60 ft. $0.50 per hour. Under 60 ft. $0.25 per hour. 1 • PAIN1292-003 09/01/2006-------------------------------------------------- IRON, MADISON, ST. FRANCOIS, STE. GENEVIEVE and WASHINGTON COUNTIES Rates Fringes Painters: Bridges, Stacks & Tanks. . . . .$ 25.52 9.72 Commercial. . . . . . . . . . . . . . . . . .$ 20.17 9.72 i Industrial. . . . . . . . . . . . . . . . . .$ 21.17 9.72 Lead Abatement. .$ 20.92 9.72 Spray & Abrasive Blasting. . .$ 22.17 9.72 ' Tapers (Tools) . . . . . . . . . . . . . .$ 20.42 9.72 Waterblasting. .$ 22.17 9.72 Height Rates (All Areas) : Over 60 ft. $0.50 per hour Under 60 ft. $0.25 per hour. ---------------------------------------------------------------- ' PLAS0518-006 03/01/2006 BARRY, BARTON, CEDAR, CHRISTIAN, DADE, DALLAS, DOUGLAS, GREENE, HOWELL, JASPER, LACLEDE, LAWRENCE, MCDONALD, NEWTON, OZARK, POLK, STONE, TANEY, VERNON, WEBSTER, AND WRIGHT COUNTIES • Rates Fringes ' Cement-M : _ ----- � ��� . . . . . _ -�� -- --- - -------- --- --------- ----- http://frweb ate.access. o. ov/c i-bin/ etdoc.c i?dbname=Davis-Bacon&docid=M0200... 2/23/2007 g gp g g g g WAIS Document Retrieval Page 24 of 32 ' PLAS0518-007 04/01/2006 , CASS (Richards-Gebaur AFB only) , CLAY, JACKSON, PLATTE AND RAY • COUNTIES Rates Fringes ' Cement Masons: . . . . . . . . . . . . . . . . . . .$ 26.10 9.65 ' PLAS0518-011 05/01/2001 ANDREW, ATCHISON, BUCHANAN, BATES, CALDWELL, CARROLL, CASS ' (Except Richards-Gebaur AFB) CLINTON, DAVIESS, DEKALB, GENTRY, GRUNDY, HARRISON, HOLT, JACKSON, LAFAYETTE, LIVINGSTON, MACON, MERCER, NODAWAY AND WORTH COUNTIES ' Rates Fringes Cement Masons: . . . . . . . . . . . . . . . . . . .$ 23 .13 7.15 ------------------------------------------------------------ PLAS0527-001 05/03/2006 Rates Fringes Cement Masons: FRANKLIN, LINCOLN, AND , WARREN COUNTIES. . . . . . . . . . . . .$ 26.66 11.35 JEFFERSON, ST. CHARLES COUNTIES AND ST. LOUIS ----- (City and County) . . . . . . . . . . .$-27.83------------1135 ------- • , PLAS0527-004 06/01/2006 CRAWFORD, DENT, IRON, MADISON, MARION, PHELPS, PIKE, PULASKI, ' RALLS, REYNOLDS, ST. FRANCOIS, STE. GENEVIEVE, SHANNON, TEXAS, WASHINGTON COUNTIES Rates Fringes ' Cement Mason. . . . . . . . . . . . . . . . . . . . .$ 25.25 11.27 ------------_---------- ________________________________________ i PLAS0908-001 05/01/2004 BOLLINGER, BUTLER, CAPE GIRARDEAU, CARTER, DUNKLIN, , MISSISSIPPI, NEW MADRID, OREGON, PEMISCOT, PERRY, RIPLEY, SCOTT, STODDARD, AND WAYNE COUNTIES Rates Fringes ' Cement Mason. . . . . . . . . . . . . . . . . . . . .$ 17.40 11.25 ---------------------------------------------------------------- PLAS0908-005 03/01/2005 , BENTON, CALLAWAY, CAMDEN, COLE, GASCONADE, HENRY, HICKORY, JOHNSON, MARIES, MILLER, MONTGOMERY, MORGAN, OSAGE, PETTIS, SALINE & ST. CLAIR COUNTIES ' Rates Fringes Cement Mason. . . . . . . . . . . . . . . . . . . . .$ 18.91 10.10 htt ://frweb ate.access. o. ov/c i-bin/ etdoc.c i?dbname=Davis-Bacon&docid=M0200... 2/23/2007 , P g gp g g g g ' WAIS Document Retrieval Page 25 of 32 ----------------------------------------------------------- PLUM0008-003 01/01/2006 • Rates Fringes ' Plumber BATES, BENTON, CARROLL, HENRY, LAFAYETTE, MORGAN, ' PETTIS, RAY, ST. CLAIR, SALINE and VERNON COUNTIES. .$ 27.60 16.11 CASS, CLAY, JACKSON, ' -----JOHNSON-and-PLATTE-COUNTIES.$-3004 16.11 -- --------- - PLUM0035-002 01/01/2000 ' CAMDEN, COLE, CRAWFORD, FRANKLIN, JEFFERSON, MARIES, MILLER, MONITEAU, OSAGE, PHELPS, PULASKI, ST. CHARLES, ST. LOUIS (City and County) , WARREN and WASHINGTON COUNTIES ' Rates Fringes Plumber. . . . . . . . . . . . . . . . . . . . . . . . . .$ 26.105 9.74 ----------------------------------------------------------- PLUM0045-003 09/01/2006 ' ANDREW, ATCHISON, BUCHANAN, CALDWELL, CLINTON, DAVIESS, DEKALB, GENTRY, HARRISON, HOLT, NODAWAY AND WORTH COUNTIES Rates Fringes ' • Plumbers and Pipefitters. . . . . . . . .$ 30.00 14.25 ---------------------------------------------------------------- PLUM0178-003 11/01/2005 BARRY, CEDAR, CHRISTIAN, DADE, DALLAS, DOUGLAS, GREENE, HICKORY, LACLEDE, LAWRENCE, POLK, STONE, TANEY, WEBSTER, AND WRIGHT COUNTIES Rates Fringes ' Plumbers and Pipefitters. . .��� . � .$-23.90 10.07 --------------------------- ------------------------ PLUM0317-002 07/01/1995 ' BOONE, CALLAWAY, COOPER, HOWARD, AND RANDOLPH COUNTY (Southern half) ' Rates Fringes Plumbers and Pipefitters. . . . . . . . .$ 19.18 3.17 - ----------------------- ---------------------------------------- ' PLUM0533-004 06/01/2006 BATES, BENTON, CARROLL, CASS, CLAY, HENRY, HICKORY, JACKSON, ' JOHNSON, LAFAYETTE, MORGAN, PETTIS, PLATTE, RAY, SALINE, ST. CLAIR AND VERNON COUNTIES Rates Fringes 1 Pipefitter. . . . . . . . . . . . .. . . . . . ... . . .$ 33.94 15.57 ' http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=M0200... 2/23/2007 WAIS Document Retrieval Page 26 of 32 ' ----------------------------------------------------------- PLUM0562-004 01/01/2005 ADAIR, AUDRAIN, BOLLINGER, BOONE, BUTLER, CALLAWAY,CAMDEN, CAPE • GIRARDEAU,CARTER, CHARITON, CLARK, COLE, COOPER, CRAWFORD, ' DENT, DUNKLIN, FRANKLIN, GASCONADE, GRUNDY, HOWARD, HOWELL, IRON, JEFFERSON, KNOX, LEWIS, LINCOLN, LINN, LIVINGSTON, MACON, MADISON, MARIES, MARION, MERCER, MILLER, MISSISSIPPI, MONITEAU, ' MONROE, MONTGOMERY, NEW MADRID, OREGON, OSAGE, PEMISCOTT, PERRY, PHELPS, PIKE, PULASKI, PUTNAM, RALLS, RANDOLPH, REYNOLDS, RIPLEY, ST. CHARLES, ST.FRANCOIS, STE. GENEVIEVE, ST. LOUIS, SCHUYLER, SCOTLAND, SCOTT, SHANNON, SHELBY, STODDARD, t SULLIVAN, TEXAS, WARREN, WASHINGTON,AND WAYNE COUNTIES. Rates Fringes ' Plumber/Pipefitter Projects $3.5 million and over. . . . . . . . . . . . . . . . . . . . . . . .$ 30.25 15.83 , Projects under $3.5 million.$ 28.91 12.33 PLUM0658-002 07/01/1998 BARTON, JASPER, MCDONALD, AND NEWTON COUNTIES , Rates Fringes ' Plumbers and Pipefitters. . . . . . . ...$ 16.73 5.33 TEAM0013-001 05/01/2006 • ' Rates Fringes Truck drivers (ADAIR, BUTLER, CLARK, DUNKIN, HOWELL, KNOX, LEWIS, OREGON, PUTNAM, RIPLEY, SCHUYLER AND SCOTLAND ' COUNTIES) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 23 .24 8.00 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 23 .40 8.00 , GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 23.39 8.00 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 23.51 8.00 Truck drivers: (AUDRAIN, BOLLINGER, BOONE, CALLAWAY, , CAPE GIRARDEAU, CARTER, COLE, CRAWFORD, DENT, GASCONADE, IRON, MACON, MADISON, MARIES, MARION, MILLER, MISSISSIPPI, , MONROE, MONTGOMERY, NEW MADRID, OSAGE, PEMISCOT, PERRY, PHELPS, PIKE, PULASKI, RALLS, REYNOLDS, ST. , FRANCOIS, STE. GENEVIEVE, SCOTT, SHANNON, SHELBY, STODDARD, TEXAS, WASHINGTON , AND WAYNE COUNTIES) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 23.97 8.00 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 23.40 8.00 , GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 23.39 8.00 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 23 .51 8 .00 h ://frweb ate.access. o. ov/c i-bin/ etdoc.c i?dbname=Davis-Bacon&docid=MO200... 2/23/2007 , ttP g gP g g g g ' WAIS Document Retrieval Page 27 of 32 ' TRUCK DRIVERS CLASSIFICATIONS: • GROUP 1: Flat Bed Trucks, Single Axle; Station Wagons; ' Pickup Trucks; Material Trucks, Single Axle; Tank Wagon, Single Axle ' GROUP 2: Agitator and Transit Mix Trucks GROUP 3 : Flat Bed Trucks, Tandem Axle; Articulated Dump Trucks; Material Trucks, Tandem Axle; Tank Wagon, Tandem Axle GROUP 4: Semi and/or Pole Trailers; Winch, Fork & Steel Trucks; Distributor Drivers and Operators; Tank Wagon, ' Semi-Trailer; Insley Wagons, Dumpsters, Half-Tracks, Speedace, Euclids and other similar equipment; A-Frame and Derrick Trucks; Float or Low Boy ------------------------------------------------------------- TEAM0056-001 05/01/2006 Rates Fringes ' Truck drivers (ANDREW, BARTON, BATES, BENTON, CALDWELL, CAMDEN, CARROLL, CEDAR, CHARITON, CHRISTIAN, CLINTON, COOPER, DADE, DALLAS, DAVIESS, DEKALB, ' • DOUGLAS, GREENE, HENRY, HICHKORY, HOWARD, JASPER, LACLEDE, LAWRENCE, LINN, LIVINGSTON, MONITEAU, MORGAN, ' NEWTON, PETTIS,, POLK, RANDOLPH, ST. CLAIR, SALINE, VERNON, WEBSTER AND WRIGHT COUNTIES) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 23 .97 8.00 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 24.13 8.00 GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 24.12 8.00 ' GROUP 4. • . • . . • . . . • . • . . . • . . . .$ 24.24 8.00 GROUP 5. .$ 23 .87 8.00 Truck drivers: (ATCHISON, ' BARRY, GENTRY, GRUNDY, HARRISON, HOLT, MCDONALD, MERCER, NODAWAY, OZARK, STONE, SULLIVAN, TANEY AND ' WORTH COUNTIES) GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 23.24 8.00 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 23 .40 8.00 GROUP 3 . . . . . . . . . . . . . . . . . . . . .$ 23 .39 8.00 ' GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 23 .51 8.00 GROUP 5. . . . . . . . . . . . . . . . . . . . .$ 23 .14 8.00 Truck drivers; (BUCHANAN, ' JOHNSON AND LAFAYETTE COUNTIES) • GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 25.33 8.00 GROUP 2. . . . . . . . . . . .$ 25.29 8.00 ' GROUP 3 . . . . . . . . . . . . . . . . . . . . .$ 25.33 8.00 GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 25.40 8.00 ' http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgl?dbname=Davis-Bacon&docid=M0200... 2/23/2007 WAIS Document Retrieval Page 28 of 32 , GROUP 5. . . . . . . . . . . . . . . . . . . . .$ 25.08 8.00 TRUCK DRIVER CLASSIFICATIONS • GROUP 1: Flat bed trucks single axle; station wagons; pickup ' trucks; material trucks single axle; tank wagons single axle. GROUP 2: Agitator and transit mix-trucks. ' GROUP 3 : Flat bed trucks tandem axle; articulated dump trucks; material trucks tandem axle; tank wagons tandem , axle. GROUP 4: Semi and/or pole trailers; winch, fork & steel trucks; distributor drivers & operators; tank wagons semi- ' trailer; insley wagons, dumpsters, half-tracks, speedace, euclids & other similar equipment; A-frames and derrick trucks; float or low boy. ' GROUP 5: Warehousemen. ---------------------------------------------------------------- TEAM0245-001 03/25/1998 , BARRY, BARTON, CAMDEN, CEDAR, CHRISTIAN, DALLAS, DENT, DOUGLAS, GREENE, HICKORY, HOWELL, JASPER, LACLEDE, LAWRENCE, MCDONALD, , MILLER, NEWTON, OZARK, PHELPS, POLK, PULASKI, SHANNON, STONE, TANEY, TEXAS, VERNON, WEBSTER AND WRIGHT COUNTIES Rates Fringes • , Truck drivers: Traffic Control Service Driver. . . . . . . . . . . . . . . . . . . . . .$ 12.90 3.56+a PAID HOLIDAYS: New Year's Day, Decoration Day, July 4th, Labor Day, Thanksgiving Day, Christmas Day, employee's ' birthday and 2 personal days. ---------------------------------------------------------------- TEAM0541-001 04/01/2006 CASS, CLAY, JACKSON, PLATTE AND RAY COUNTIES ' Rates Fringes , Truck drivers: GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 25.68 9.25 GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 25.11 9.25 ' GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 24.59 9.25 TRUCK DRIVERS CLASSIFICATIONS , GROUP 1: Mechanics and Welders, Field; A-Frame Low Boy-Boom ruck Driver. GROUP 2: Articulated Dump Truck; Insley Wagons: Dump Trucks, ' Excavating, 5 cu yds and over; Dumpsters; Half-Tracks: • Speedace: Euclids & similar excavating equipment Material trucks, Tandem Two teams; Semi-Trailers; Winch trucks-Fork ' trucks; Distributor Drivers and Operators; Agitator and htt ://frweb ate.access. o. ov/c i-bin/ etdoc.cgi?dbname=Davis-Bacon&docid=M0200... 2/23/2007 , P g gP g g g WAIS Document Retrieval Page 29 of 32 Transit Mix; Tank Wagon Drivers, Tandem or Semi; One Team; ' Station Wagons; Pickup Trucks; Material Trucks, Single • Axle; Tank Wagon Drivers, Single Axle ' GROUP-3�--Oilers-and-Greasers - Field TEAM0541-002 03/25/2000 ' BATES, CASS, CLAY, HENRY, JACKSON, JOHNSON, LAFAYETTE, PLATTE, AND RAY COUNTIES ' Rates Fringes Truck drivers: Traffic Control Service Driver. . . . . . . . . . . . . . . . . . . . . .$ 14.15 2.44+a a. PAID HOLIDAYS: New Year's Day, Decoration Day, July 4th,Labor Day, Thanksgiving Day, Christmas Day, Employee's ' birthday and 2 personal days. ---------------------------------------------------------------- TEAM0682-002 05/01/2006 ' ST LOUIS CITY AND COUNTY ' Rates Fringes Truck drivers: GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 24.965 4.58+a+b ' • GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 25.165 4.58+a+b GROUP 3 . . . . . . . . . . . . . . . . . . . . .$ 25.265 4.58+a+b GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 24.4'55 4.58+a+b ' a. PENSION: $25.60 per day, $128.00 maximum per week. b. HAZMAT PREMIUM: If Hazmat certification on a job site is ' required by a state or federal agency or requested by project owner or by the employer, employees on that job site shall receive $1.50 premium pay. ' TRUCK DRIVERS CLASSIFICATIONS GROUP 1 - Pick-up trucks; forklift, single axle; flatbed trucks; job site ambulance, and trucks or trailers of a water level capacity of 11.99 cu. yds. or less GROUP 2 - Trucks or trailers of a water level capacity of ' 12.0 cu yds. up to 22.0 cu yds. including euclids, speedace and similar equipment of same capacity and compressors GROUP 3 - Trucks or trailers of a water level capacity of ' 22.0 cu. yds & over including euclids, speedace & all floats, flatbed trailers, boom trucks, winch trucks, including small trailers, farm wagons tilt-top trailers, field offices, tool trailers, concrete pumps, concrete conveyors & gasoline tank trailers and truck mounted mobile • concrete mixers ' GROUP 4 - Warehousemen. ' http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=MO200... 2/23/2007 WAIS Document Retrieval Page 30 of 32 FOOTNOTE FOR TRUCK DRIVERS: ' a. PAID HOLIDAYS: Christmas Day, Independence Day, Labor • Day, Memorial Day, Veterans Day, New Years Day, Thanksgiving Day ' PAID VACATION: 3 days paid vacation for 600 hours of service in any one contract year; 4 days paid vacation for 800 ' hours of service in any one contract year; 5 days paid vacation for 1, 000 hours of service in any one contract year. When such an employee has completed 3 years of continuous employment with the same employer and then works ' the above required number of hours, he shall receive double the number of days of vacation specified above. When such an employee has completed 10 years of continuous employment , with the same employer and then works the above required number of hours, he shall receive triple the number of days of vacation specified above. When such an employee has completed 15 years of continuous employment with the same ' employer and then works the above required number of hours, he shall receive 4 times the number of days of vacation specified above. ----------------------------------------------------------- TEAM0682-003 05/01/2006 ST.CHARLES, FRANKLIN, JEFFERSON, LINCOLN AND WARREN COUNTIES , Rates Fringes Truck drivers: • ' GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 24.965 4.58+a+b+c GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 25.165 4.58+a+b+c GROUP 3 . . . . . . . . . . . . . . . . . . . . .$ 25.265 4.58+a+b+c ' GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 24.455 4.58+a+b+c a.PAID HOLIDAYS: Christmas, Fourth of July, Labor Day, Memorial Day, Veterans Day, to be celebrated on either its ' National Holiday or on the day after Thanksgiving, whichever is agreed upon by the Association and the Union, New Year's Day and Thanksgiving Day. PAID VACATION: 3 days paid vacation for 600 hours of service ' in da s n any one contract ye ar 4 y pa id vacation for 800 hours of service in any one contract year; 5 days paid vacation for 1, 000 hours of service in any one contract year. When such an employee has completed 3 years of continuous employment with the same employer and then works the above required number of hours, he shall receive double , the number of days of vacation specified above. When such an employee has completed 10 years of continuous employment with the same employer and then works the above , required number of hours, he shall receive triple the number of days of vacation specified above. When such an employee has completed 15 years of continuous employmen with the same employer and then works the above required number of hours, he shall receive 4 times the number of days of vacation specified above. b.Pension: • $22.80 per day either worked or compensated to a maximum of $114.00 per week. ' h ://frweb ate.access. o. ov/c i-bin/ etdoc.c '?dbname=Davis-Bacon&docid=MO200... 2/23/2007 , ttP g gP g g g � . ' WAIS Document Retrieval Page 31 of 32 ' c.Hazmat Pay: If Hazmat Certification on a job site is required by a state or federal agency or requested by • project owner or by the employer, employees on that job site shall receive $1.50 per hour premium pay. TRUCK DRIVER CLASSIFICATIONS: GROUP 1: Trucks or Trailers of a Water Level Capacity of 11.99 cu. yds. or less, Forklift Trucks, Job Site Ambulances, Pickup Trucks, Flatbed Trucks. ' GROUP 2: Trucks or Trailers of a Water Level Capacity of 12.0 cu. yds. up to 22 cu. yds. , Euclids, Speedace and Similar Equipment of Same Capacity and Compressors. ' GROUP 3: Trucks or Trailers of a Water Level Capacity of 22.0 cu. yds. and over, Euclids and all Floats, Flatbed Trailers, Boom Trucks, Winch Trucks, Including Small ' Trailers, Farm Wagons, Tilt Top Trailers, Tool Trailers, Concrete Pumps, Concrete Conveyors, Gasoline TankTrailers, Truck Mounted Mobile Concrete Mixers, End Dump, Side Dump and Articulated Dump Trucks ' GROUP 4: Warehousemen. ---------------------------------------------------------------- ' WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ' • Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . ---------------------------------------------------------------- ' In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit.rates. Other designations ' indicate unions whose rates have been determined to be prevailing. ----------------------------------------------- ' WAGE DETERMINATION APPEALS PROCESS ' 1. ) Has there been an initial decision in the matter? This can be: • an existing published wage determination ' • a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling • On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour ' Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the ' http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=Davis-Bacon&docid=M0200... 2/23/2007 WAIS Document Retrieval Page 32 of 32 Davis-Bacon survey program. If the response from this initial , contact is not satisfactory, then the process described in 2.) and 3 . ) should be followed. • With regard to any other matter not yet ripe for the formal , process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. , Washington, DC 20210- 2. ) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request , review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator , U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 , The request should be accompanied by a full statement of the interested party's position and by any information (wage ' payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue. 3 . ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board ' U.S. Department -of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 , 4. ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION • h tt P://frweb ate.access.gP o. ov/c i-bin/getdoc.cgi?dbname=Davis-Bacon&docid=M0200... 2/23/2007 , ' AFFIDAVIT OF COMPLIANCE PUBLIC WORKS CONTRACTS LAW • 1 I, the undersigned, , of lawful age, first being duly swom, state to the best of my information and belief as follows: 1. That l am employed as . , by 2. That was awarded a public works contract for Project No. 32087, Fairground Road and County Park ' Greenway Trail. ' 3. That I have read and am familiar with Section 290.290 RSMo (1994 as amended) an act relating to public works contracts, which impose certain ' requirements upon contractors and subcontractors engaged in a public works construction project in the State of Missouri. • 4. That has fully complied with the provisions and' requirements of Section 290.290 RSMo (1994 as amended) FURTHER AFFIANT.SAYETH NAUGHT. ' AFFIANT Subscribed and sworn to before me this day of , 20 NOTARY PUBLIC My Commission Expires: STATE OF MISSOURI ) • ss COUNTY OF ) i ' EXCESSIVE UNEMPLOYMENT EXCEPTION CERTIFICATION I, the undersigned, , of lawful age, first being duly swom, state to the best of my information and belief as follows: 1. That I am employed as by 1 - - 2. That was awarded a public works contract for Project No. 32087, Fairground Road and County Park Greenway Trail. ' 3. That I have read and am familiar with Section 290.290 RSMo (1994 as amended)an act relating to public works contracts, which impose certain ' requirements upon contractors and subcontractors engaged in a public works construction project in the State of Missouri. 1 4. Although there is a period of excessive unemployment in the State of Missouri, which requires the employment of only Missouri laborers and • laborers from non-restrictive states on public works projects or improvements, an exception applies as to the hiring of ' since no Missouri laborers or laborers from non-restrictive states are available or capable of performing FURTHER AFFIANT SAYETH NAUGHT. AFFIANT Subscribed and swom to before me this day of , 20 NOTARY PUBLIC ' My Commission Expires: ' APPROVED BY: Director of Community Development, City of Jefferson, MO ' CITY OF JEFFERSON CONSTRUCTION CONTRACT THIS CONTRACT, made and entered into this day of , 2007, by and between Don Schnieders Excavating Company, Inc. hereinaft referred to _ ' as"Contractor', and the City of Jefferson, Missouri,a municipal corporation of the State of Missouri, hereinafter referred to as "City". ' WITNESSETH: That Whereas, the Contractor has become the lowest responsible bidder for furnishing the supervision, labor, tools, equipment, materials and supplies and for constructing the following City improvements: Project No. 32087, Fairground Road and County Park Greenway Trail. ' NOW THEREFORE, the parties to this contract agree to the following: 1. Scope of Services. ' Contractor agrees to provide all labor,,equipment, hardware and supplies to perform the work included in the project entitled "Fairground Road and County Park Greenway Trail" in accordance with the plans and specifications on file with the ' Department of Community Development. ' 2. Manner and time for Completion. Contractor agrees with the City to furnish all supervision, labor, tools, equipment, materials and supplies necessary to perform said work at Contractor's own expense in ' accordance with the contract documents and any applicable City ordinances and state and federal laws, within 60 working days from the date Contractor is ordered to proceed, which order shall be issued by the Director of Community Development within ' ten (10) days after the date of this contract. 3. Prevailing Wages. To the extent-that the work performed by Contractor is subject to prevailing wage law, Contractor shall pay a wage of no less than the "prevailing hourly rate of wages" for ' work of a similar character in this locality, as established by Department of Labor and Industrial Relations. of the State .of Missouri, and as established by the Federal Employment Standards of the Department of Labor. Contractor acknowledges that Contractor knows the prevailing hourly rate of wages forthis project because Contractor has obtained the prevailing hourly rate of wages from the contents of the current Annual Wage Order No. 13, Section 026, Cole .County rates as set forth. The Contractor further agrees that Contractor will keep an accurate record showing the names and occupations of all workmen employed in connection with the work to be performed under the terms of this contract. The record shall show the actual wages ' paid to the workmen in connection with the work to be performed under the terms of this contract. A copy of the record shall be delivered to the Purchasing Agent of the Jefferson City Finance Department each week. In accordance with Section 290.250 ' RSMo, Contractor shall forfeit to the City Ten Dollars ($10.00) for each workman employed, for each calendar day or portion thereof that the workman is paid less than ' RECEIVE93 APR 0 9 2007 1 ' the stipulated rates for any work done under this contract, by the Contractor or any • subcontractor under the Contractor. ' 4. Insurance. Contractor shall procure and maintain at its own expense during the life of this contract: (a) Workmen's Compensation Insurance for all of its employees to be engaged in work under this contract. ' (b) Contractor's Public Liability Insurance in an amount not less than $2,000,000 for all claims arising out of a single occurrence and $300,000 for any one ' person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo., and Contractor's Property Damage Insurance in an amount not less than $2,000,000 for all _ ' claims arising out of a single accident or occurrence and $300,000 for any one person in a single accident or occurrence. (c) Automobile Liability Insurance in an amount not less than $2,000,000 for all claims arising out of a single accident or occurrence and $300,000 for any one person in a single accident or occurrence. ' (d) Owner's Protective Liability insurance -The Contractor shall also obtain at its own expense and deliver to the City an Owner's Protective Liability Insurance Policy naming the City of Jefferson as the insured, in an amount not less than ' $2,000,000 for all claims arising out of a single accident or occurrence and $500,000 for any one person in a single accident or occurrence, except forthose claims governed ' by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo. No policy will be accepted which excludes liability for damage to underground ' structures or by reason of blasting, explosion or collapse. (e) Subcontracts-In case any or all of this work is sublet,the Contractor shall require the Subcontractor to procure and maintain all insurance required in Subparagraphs (a), (b), and (c) hereof and in like amounts. (f) Scope of Insurance and Special Hazard. The insurance required under ' Sub-paragraphs(b)and (c)hereof shall,provide adequate protection for the Contractor and its subcontractors, respectively, against damage claims which may arise from operations under this contract,whether such operations be by the insured or by anyone ' directly or indirectly employed by it, and also against any special hazards which may be encountered in the performance of this contract. NOTE: Paragraph(f)is construed to require the procurement of Contractor's protective ' insurance (or contingent public liability and contingent property damage policies) by a. general contractor whose subcontractor has employees working on the project, unless • the general public liability and property damage policy(or rider attached thereto)of the ' general contractor provides adequate protection against claims arising from operations by anyone directly or indirectly employed by the Contractor. 1 ' 5. Contractor's Responsibility for Subcontractors. • It is further agreed that Contractor shall be as fully responsible to the City for the acts ' and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all ' subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained in this contract shall create any contractual relations between any subcontractor and the City or between any subcontractors. ' 6. Liquidated Damages. The City may deduct Nine Hundred Fifty Dollars ($950.00) from any amount ' otherwise due under this contract for every day the Contractor fails or refuses to prosecute the work, or any separable part thereof, with such diligence as will insure the completion by the time above specified, or any extension thereof, or fails to complete the-work by such time, as long as the City does not terminate the right of Contractor to proceed. It is further provided that Contractor shall not be charged with liquidated damages because of delays in the completion of the work due to unforeseeable causes ' beyond Contractor's control and without fault or negligence on Contractor's part or the part of its agents. • 7. Termination. The City reserves the right to terminate this contract by giving at least five(5)days prior ' written notice to Contractor, without prejudice to any other rights or remedies of the City should Contractor be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed for 1 Contractor or for any of its property, or if Contractor should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper material, or if Contractor should refuse or fail to make prompt payment to any person supplying labor or materials for the work under the contract, or persistently disregard instructions of the I ' City or fail to observe or perform any provisions of the contract. 8. City's Right to Proceed. In the event this contract is terminated pursuant to Paragraph 7,then the City may take over the work and prosecute the same to completion, by contract or otherwise, and Contractor and its sureties shall be liable to the City for any costs over the amount of this contract thereby occasioned by the City. In any such case the City may take possession of, and utilize in completing the work, such materials, appliances and structures as may be on the work site and are necessary for completion of the work. The foregoing provisions are in addition to, and not in limitation of, the rights of the City under any other provisions of the contract, city ordinances, and state and federal laws. 11 9. Indemnity. • To the fullest extent permitted by law, the Contractor will indemnify and hold harmless I, the City, its elected and appointed officials, employees, and agents from and against any and all claims,damages, losses, and expenses including attorneys'fees arising out �1 • ' of or resulting from the performance of the work, provided that any such claim, damage, • loss or expense (1) is attributable to bodily injury, sickness, disease,, or death, or to ' injuryto ordestruction of tangible property(otherthan the Work itself)including the loss of use resulting therefrom.and (2) is caused in whole or in part by any negligent act or omission of contractor,any subcontractor,anyone directly or indirectly employed by any ' of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or-obligation of indemnity which would otherwise exist as to any party or person described in this Paragraph. ' 10. Payment for Labor and Materials. The Contractor agrees and binds itself to pay for all labor done, and for all the materials used in the construction of the work to be completed pursuant to this contract. Contractor shall furnish to the City a bond to insure the payment of all materials and labor used in the performance of this contract. 11. Supplies. The Contractor is hereby authorized and directed to utilize the City's sales tax exemption in the purchase of goods and materials for the project as set out in Section ' 144.062 RSMo 1994 as amended. Contractor shall keep and maintain records and invoices of all such purchases which shall be submitted to the City. US 12. Payment. The City hereby agrees to pay the Contractor for the work done pursuant to this contract according to the payment schedule set forth in the Contract Documents upon ' acceptance of said work by the Director of Community Development and in accordance with the rates and/or amounts stated in the bid of Contractor dated 03/27/07 which are ' by reference made a part hereof. No partial payment to the Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. The total amount of this contract shall not exceed.$537,920.47, Five Hundred Thirty Seven Thousand Nine Hundred Twenty Dollars and Forty Seven Cents. 13. Performance and Materialman's Bonds Required. ' Contractor shall provide a bond to the City before work is commenced, and no later than ten (10) days after the execution of this contract,.guaranteeing the Contractor's performance of the work bid for, the payment of amounts due to all suppliers of labor and materials, the payment of insurance premiums for workers compensation insurance and all other insurance called for under this contract, and the payment of the prevailing wage rate to all workmen as required by this contract, said bond to be in a form approved by the City, and to be given by such company or companies as may be acceptable to the City in its sole and absolute discretion. The amount of the bond shall be equal to the Contractor's bid. ' 14. Knowledge of Local Conditions. Contractor hereby warrants that it has examined the location of the proposed work and the attached specifications and has fully considered such local conditions in making its bid herein. I 15. Severability. • If any section, subsection, sentence, or clause of this Contract shall be adjudged illegal, ' invalid, or unenforceable, such illegality, invalidity, or unenforceability shall not affect the legality, validity, or enforceability of the contract as a whole, or of any section, subsection, sentence, clause, or attachment not so adjudged. ' 16. Governing Law. The contract shall be governed by the laws of the State of Missouri. The courts of the tState of Missouri shall have jurisdiction over any dispute which arises under this contract, and each of the parties shall submit and hereby consents to such courts exercise of jurisdiction. In any successful action by the City to enforce this contract, the City shall be entitled to recover its attorney's fees and expenses incurred in such action. 17. Contract Documents. The contract documents shall consist of the following: a. This Contract f. General Provisions ' b. Addenda g. Special Provisions c. information for Bidders h. Technical Specifications d. Notice to Bidders I. Drawing and/or Sketches e. Signed Copy of Bid This contract and the otherd c o uments enumerated in this paragraph,form the Contract ' between the parties. These documents are as fully a part of the contract as if attached • hereto or repeated herein. ' 18. Complete Understanding, Merger. Parties agree that this document including those documents described in the section entitled "Contract Documents"represent the full and complete understanding of the ' parties. This contact includes only those goods and services specifically set out. This contract supersedes all prior contracts and understandings between the Contractor and the City. 19. Authorship and Enforcement. Parties agree that the production of this document was the joint effort of both parties ' and that the contract should not be construed as having been drafted by either party. In the event that.either party shall seek to enforce the terms of this contract through litigation, the prevailing party in such action shall be entitled to receive, in addition to any other relief, its reasonable attorneys fees, expenses and costs. 20. Amendments. This contract may not be modified, changed or altered by any oral promise or statement by whomsoever made; nor shall any modification of it be binding upon the City until such written modification shall have been approved in writing by an authorized officer ' of the City. Contractor acknowledges that the City may not be responsible for paying for changes or modifications that were not properly authorized. • ` 21. Waiver of Breech . Failure to Exercise Rights and Waiver: Failure to insist upon strict compliance with any of the terms covenants or conditions herein shall not be deemed a waiver of any such terms, covenants or conditions, nor shall any failure at one or more times be deemed a waiver or relinquishment at any other time or times by any right under the terms, Icovenants or conditions herein. 22. Assignment. ' Neither party may sell or assign its rights or responsibilities under the terms of this" agreement without the express consent of the remaining party. 23. Nondiscrimination. Contractor agrees in the performance of this contract not to discriminate on the ground or because of race, creed, color, national origin or ancestry, sex, religion, handicap, ' age, or political opinion or affiliation, against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 24. Notices. All notices required to be in writing may be given by first class mail addressed to City ' of Jefferson, Department of Community Development, 320 East McCarty, Jefferson City, Missouri, 65101,and Contractor at 1307 Fairgrounds Road,Jefferson City, MO 65109. The date of delivery of any notice shall be the second full day after the day of ' its mailing. 1 IN WITNE WHEREOF,the parties hereto have set their hands and seals this J day of , 2007. CITY OF JEFFERSON CONTRACTOR ' ay r Title: V:,, ATTEST: ATTEST: y ClerW Title: oacre Mgna Vic, APP VEDAS TO FORM: t City Co unselor 1 , s 1 ' Bond#6469832 • PERFORMANCE, PAYMENT AND GUARANTEE BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned ' Don Schnieders Excavating Company, Inc. ' hereinafter, referred to as "Contractor" and Safeco Insurance Company of America ' a Corporation organized under the laws of the State of ' Washington 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" Five Hundred Thirty-Seven Thousand Nine Hundred ' in the penal sum of Twenty Dollars and 47/100 DOLLARS ($ 537,920.47 ), 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 bounded Contractor has on the day of ,20 ,entered into a written contractwith the aforesaid Owner ' forfurnishing all materials,equipment,tools,superintendence, labor,and other facilities and accessories, for the construction of certain improvements as designated, defined ' and described in the said Contract and the Conditions thereof, and in accordance with the specifications and plans therefore; a copy of said Contract being attached hereto ' and made a part hereof: ' NOW THEREFORE,if the said 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 t i , • and other Contract Documents thereto attached or, by reference, made a part thereof, ' according to the true intent and meaning in each case, and if said contractor shall replace all defective parts, material and workmanship for a period of one year after ' acceptance by the Owner, then this obligation shall be and become null and void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if the said Contractor fails to duly pay for any labor, ' materials, sustenances, provisions, provender, gasoline, lubricating oils, fuel oils, greases, coal repairs, equipment and tools 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 consumed by such Contractor or his, their, or ' its subcontractors in performance of the work contracted to be done,the Surety will pay the same in any amount not exceeding the amount of this Obligation, together with ' interest as provided by law: ' • 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: I ' PROVIDED FURTHER,that if the said Contractor fails to pay the prevailing hourly rate of wages, as shown in the attached schedule, to any workman engaged in the construction of the improvements as designated, defined and described in the said contract, specifications and conditions thereof, the Surety will pay the deficiency and ' any penalty provided for by law which the contractor incurs by reason of an act or omission, in any amount not exceeding the amount of this obligation together with ' interest as provided by law: • 1 • IN TESTIMONY WHEREOF, the said Contractor has hereunto set his hand, and the ' said Surety has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by it attorney-in-fact duly authorized thereunto so to do, at Jefferson City, MO on this the 10th day of April , 2007 Sbfeco Insurance Company of America Don Schnieders Excavating Company, Inc. SURETY COMPANY CONTRACTOR (SEAL) BY (SEAL) 1 ' B L BY (SEAL) -Attorney-in-fact Kris L. Bennett (State Representative) (Accompany this bond with Attorney-in-fact's authority from the Surety Company certified to include the date of the bond.) I 'i a 1 I' SAFECO Insurance Company S A F E C O PO Box 34526 Seattle,WA 98124-1526 tACKNOWLEDGMENT BY SURETY 0 STATE OF Missouri ' County of Cole ss. ' On 10th this day of April 2007 before me personally appeared Kris L. Bennett known to, me to be the Attorney-in-Fact of SAFECO INSURANCE COMPANY OF AMERICA, GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL ' INSURANCE COMPANY OF AMERICA or SAFECO NATIONAL INSURANCE COMPANY the corporation that executed the within instrument,and acknowledged to me that such corporation executed the same. IN WITNESS.WHEREOF, I have hereunto set my hand and affixed my official seal,at my office in the aforesaid County,the day and year in this certificate first above written. 1 , ' Notary Publi in the State of Missouri (Seal) County of sage ANET HASLAG ' PUBLIC-NOTARY SEA L TE OF MISSOURI OSAGE COUNTY ISSION#06427086 [7NOTARY ON EXPIRES: OCT. 18,2010 i I 1 S-0230/SAEF 10/99 ®A registered trademark of SAFECO Corporation FRP S A F E C �� POWER SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA ' OF ATTORNEY HOME OFFICE: SAFECO PLAZA SEATTLE,WASHINGTON 98185 • No. 5462 ' KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation, does each hereby appoint ' **s■:ss**********s*****.LOUIS A.LANDWEHR;KRIS L.BENNETT;CHARLES E.TRABUE;BEV BACKERS;Jefferson City,Missouri****.****************** ' its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. ' IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 16th day of June 2003 CHRISTINE MEAD,SECRETARY MIKE MCGAVICK,PRESIDENT ' CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V,Section 13.-FIDELITY AND SURETY BONDS...the President,any Vice President,the Secretary,and any Assistant Vice President appointed for that ' purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business...On any instrument making or evidencing such appointment,the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, ' .wever,that the seal shall not be necessary to the validity of any such instrument or undertaking" Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V,Section 13 of the By-Laws,and (ii) A copy of the power-of-attomey appointment,executed pursuant thereto,and (iii) Certifying that said power-of-attorney appointment is in full force and effect, ' the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney issued pursuant thereto, ' are true and correct,and that both the By-Laws,the Resolution and the Power of Attomey are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation ' this 10th day of April 2007 ��CO�O,yy NgE COAIp c CORPORATE SEAL 5 SEAL x 1953 192y Of p�SIN �Cp( CHRISTINE MEAD,SECRETARY S-0974/SAEF 2/01 ®A registered trademark of SAFECO Corporation 06/1612003 PDF 1 . 1 • 1 1 1 IMPORTANT SURETY BOND INFORMATION MISSOURI 1 Your Safeco agent is a professional independent Insurance Agent. If you have specific questions about your Surety Bond, you may direct them to your agent. 1 MISSOURI SPECIFIC QUESTIONS If you have been unable to contact or obtain information from your agent, you 1 may contact Safeco at the following address and telephone: AMERICAN STATES INSURANCE COMPANY SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA FIRST NATIONAL INSURANCE COMPANY OF AMERICA Safeco Center 1191 Second Avenue, Suite 300 • Seattle, WA 98101 Mailing Address: P.O. Box 34670 Seattle, WA 98124-1670 1 Telephone #206-473-3799 1 ' S-3655/SAEF 1/07 FRP i 1 1 1 • April 10, 2007 1 1 City of Jefferson, Missouri 320 East McCarty St. Jefferson City, MO 65101 RE: Contractor: Don Schnieders Excavating Company, Inc. Bond No. 6469832 ' Project: Fairground Road and County Park Greenway Trail Gentlemen, 1 Please accept this letter as your authority to date the Bonds on the above captioned project to coincide with the date of the contract. 1 Once the contracts have been signed, I would appreciate receiving a copy of the contract and the dated bond with Power of Attorney for my file. ' Sincerely, Kris Bennett ' Attorney-In-Fact 1 1 _ t & Winter Den Co. Q7t'v Choice- rs. Insura nce & Bonds P.O. Box 1046 Jefferson City, MO 65102-1046 1 573-634-2122 Fax 573-636-7500 Established 1912 ' OP ID C DATE(MM/DDMfY1n .QCOIR'D CERTIFICATE OF LIABILITY INSURANCE DONSC-1 04/11/07 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ' Winter-Dent & Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 101 E. McCarty Street HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P . Box 1046 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. erson City MO 65102-1046 e: 573-634-2122 Fax:573-636-7500 INSURERS AFFORDING COVERAGE NAIC# ' IN ED INSURER euildore Aaac. salt-Inourcro 510001 INSURER B: St Paul Travelers 39047 Don Schnieders Excavating INSURER C: Compare Inc. ETAL ' 1307 Fairgrounds Road INSURER D: Jefferson City MO 65109 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ' ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS ILTR NS TYPE OF INSURANCE POLICY NUMBER bATE MM/DDMf DATE M/DIE LIMITS ' GENERAL LIABILITY EACH OCCURRENCE S1000000 • X COMMERCIAL GENERAL LIABILITY DTC05589CS68IND06 10/10/06 10/10/07 PREMISSESEaOCCurence s300000 CLAIMS MADE X❑OCCUR MED EXP(Any one person) S5000 PERSONAL 9 AOV INJURY $1000000 I GENERAL AGGREGATE s2000000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPIOPAGG s2000000 POLICY X jgCT LOC ' AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1000000 • X ANY AUTO DT8105589CB68TIL06 10/10/06 10/10/07 (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per Person) 5 ' X HIRED AUTOS �/��i/� BODILY INJURY X NON•OWNEDAUTOS INSURANCE EVIEWED (Per accident) 5 PROPERTY DAMAGE s zrr B (Per accident) t GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANYAUTO Date: `'� �� OTHER THAN EA ACC 5 AUTO ONLY: AGG S EXCESSIUMBRELLALIABILITY EACH OCCURRENCE $1000000 ' B NX OCCUR ED CLAIMSMADE DTSMCUP5589CS68IND06 10/10/06 10/10/07 AGGREGATE s3.000000 S DEDUCTIBLE $ ' RE TENTION $10000 S WORKERS COMPENSATION AND X TORY LIMITS I ER EMPLOYERS'IJABILITY A 07WC0838 01/01/07 12/31/07 E.L.EACH ACCIDENT $1000000 ANY PROPRIETOR/PARTNERlEXECUTIVE ' OFFICER/MEMBEREXCLUDED? E.L.DISEASE-EA EMPLOYEE S1000000 II yyes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT 51000000 OTHER B Leased or rented QT6602780C006TIL06 10/10/06 10/10/07 300000 ' DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Project: Fairgrounds Road and County Park Greenway Trail, Project No. 32087 1 ' CERTIFICATE HOLDER CANCELLATION CI TYJ—6 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL ' City of Jefferson IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Dept of Community Development 320 E McCarty Street REPRESENTATIVES. Jefferson City MO 65101 AUT"[ZE9 REPRE;JNTATNE 'l6QCt, `4wil ' ACMD 28(2001100) ©ACORD CORPORATION 1988 1 1 . . 1 ' IMPORTANT 1 If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement ' on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate ' holder in lieu of such endorsement(s). ' DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between ' the issuing insurer(s),authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,extend or alter the coverage afforded by the policies listed thereon. 1 1 r r r r r r r - r ACQRD 26(20011D8) 1 INSURANCE BINDER OP C ­DATE 4/11/ D 07 ' THIS BINDER IS A TEMPORARY INSURANCE CONTRACT,SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. AGENCY COMPANY BINDER# 11034 -r-Dent 6 Company Travelers Insurance Company 104 6 McCarty Street DATE EFFECTIVE TIME DATE TIME WK.= Jefferson City MO 65102-1046 X AM 12:0I AM 05/01/07 12:01 PM 07/0 X 1/07 NOON AIC,No,Erl: 573-634-2122 AIC,No; 573-636-7500 THIS BINDER IS ISSUED TO EMEND COVERAGE IN THE ABOVE NAMED COMPANY CODE: A0724 SUB CODE: PER EXPIRING POLICY M. NA—BIND—OCp ' CU OMER ID: DONSC-1 DESCRIPTION OF OPERATIONSNEHICLESIPROPERTY(Including Location) INSURED City of Jefferson Owners' Contractors Protective Liability Dept o£ Community Development Policy- Project: Fairgrounds Road and ' 320 E McCarty Street County Park Greenway Trail, Project #32087 Jefferson City MO 65101 COVERAGES LIMITS TYPE OF INSURANCE COVERAGEIFORMS DEDUCTIBLE COINS% AMOUNT PROPERTY CAUSES OF LOSS BASIC BROAD❑SPEC ' GENERAL LIABILITY EACH OCCURRENCE 51000000 COMMERCIAL GENERAL LIABILITY RENTED PREMISES $ ' CLAIMS MADE F_�OCCUR MED EXP(Any one person) $ X ovnor c Contractor Prot PERSONAL&ADV INJURY S GENERAL AGGREGATE 52000000 RETRO DATE FOR CLAIMS MADE: PRODUCTS-COMPIOP AGG S ' AUTOMOBILE LIABILITY VJII EWES COMBINED SINGLE LIMIT $ ANY AUTO BODILY INJURY(Per person) S ALL OWNED AUTOS By/: BODILY INJURY(Per accident) S HEDULED AUTOS ��ff/�LL PROPERTY DAMAGE $ IRED AUTOS DAte: 'lIID� MEDICAL PAYMENTS S NON. WNED AUTOS I PERSONAL INJURY PROT S UNINSURED MOTORIST $ S AUTO PHYSICAL DAMAGE DEDUCTIBLE ALL VEHICLES SCHEDULED VEHICLES ACTUAL CASH VALUE COLLISION: STATED AMOUNT $ OTHER THAN COL: OTHER GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT S AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE is UMBRELLA FORM AGGREGATE S ' OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: SELF-INSURED RETENTION IS WC STATUTORY LIMITS WORKER'S COMPENSATION E.L.EACH ACCIDENT $ AND EMPLOYER'S LIABILITY E.L.DISEASE-EA EMPLOYEE S E.L.DISEASE-POLICY LIMIT $ SPECIAL Don Schnieders Excavating Co is responsible for payment of premium and FEES S CONDITIONS! audit.. COVEER RAGES TAXES $ ESTIMATED TOTAL PREMIUM I S ' NAME&ADDRESS MORTGAGEE ADDITIONAL INSURED LOSS PAYEE ' LOAN# AUTHORIZED REPRESENTATIVE M 41111 ' ACORD 75(2004109) NOTE:IMPORTANT STATE INFORMATION ON REVERSE SIDE ©ACORD CORPORATION 1993-10D4 ' CONDITIONS This Company binds the kind(s)of insurance stipulated on the reverse side.The Insurance is subject to the ' terms,conditions and limitations of the policy(ies)in current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company ' stating when cancellation will be effective.This binder may be cancelled by the Company by notice to the Insured in accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this binder is not replaced by a policy,the Company is entitled to charge a premium for the binder according to the Rules and Rates in use by the Company. Applicable in California When this form is used to provide insurance in the amount of one million dollars($1,000,000)or more,the title ' of the form is changed from"Insurance Binder"to"Cover Note". ' Applicable In Colorado With respect to binders issued to renters of residential premises, home owners, condo unit owners and mobile home owners, the insurer has thirty(30) business days, commencing from the effective date of coverage, to evaluate the ' issuance of the insurance policy. iApplicable in Delaware ■ The mortgagee or Obligee of any mortgage or other instrument given for the purpose of creating a lien on real property shall accept as evidence of insurance a written binder issued by an authorized insurer or its agent if t the binder includes or is accompanied by:the name and address of the borrower,the name and address of the lender as loss payee; a description of the insured real property; a provision that the binder may not be canceled within the term of the binder unless the lender and the insured borrower receive written notice of the cancel- lation at least ten (10)days prior to the cancellation;except in the case of a renewal of a policy subsequent to ' the closing of the loan, a paid receipt of the full amount of the applicable premium, and the amount of insurance coverage. Chapter 21 Title 25 Paragraph 2119 Applicable in Florida ' Except for Auto Insurance coverage, no notice of cancellation or nonrenewai of a binder is required unless the duration of the binder exceeds 60 days. For auto insurance, the insurer must give 5 days prior notice, unless the binder is replaced by a policy or another binder in the same company. Applicable in Nevada ' Any person who refuses to accept a binder which provides coverage of less than$1,000,000..00 when proof is required: (A) Shall be fined not more than $500.00, and (B)is liable to the party presenting the binder as proof of insurance for actual damages sustained therefrom- ' ACORD 76(2004/09) GENERAL PROVISIONS FORWARD The following Articles GP-1 through GP-49 are"General Provisions of the Contract",modified asset forth in the Special Provisions. GP-1 CONTRACT DOCUMENTS ' It is expressly understood and agreed that the Contract Documents comprise the Notice to Bidders, Instruction to Bidders,General Provisions,_Special Provisions,Bid,Contract,Performance and One Year Guarantee Bond, Specifications, other documents listed in the Table of Contents and bound in this Volume. Plans,all Addenda thereto issued prior to the time of opening bids for the work,all of which are hereto attached,and other drawings,specifications,and engineering data which may be furnished by the Contractor and approved by the Owner,together with such additional drawings which may be furnished by the Engineer from time to time as are necessary to make clear and to define in greater detail the intent ' of the specifications and drawings, are each and all component parts to the agreement governing the work to be done and the materials equipment to be furnished. All of these documents are hereby defined as the Contract Documents. t The several parts of the Contract Documents are complementary,and what is called for by any one shall be as binding as if called for by all. The intention of the Documents is to include the furnishing of all materials,labor,tools,equipment and supplies necessary for constructing complete and readyto use the work specified. Materials or work described in words which so applied have a well known technical or trade meaning shall be held to refer to such recognized.standards. The Contract shall be executed in the State and County where the Owner is located. Three (3) copies • of the contract documents shall be prepared by the Contractor, each containing an exact copy of the Contractor's bid as submitted,the Performance Bond properly executed,a Statutory Bond where required, and the contract agreement signed by both parties thereto. These executed contract documents shall be filed as follows: One (1) with the City Clerk of the City of Jefferson One (1)with the Jefferson City Director of Community Development One (1) with the Contractor GP-2 DEFINITIONS ' Wherever any work or expression defined in this article, or pronoun used in its stead, 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 1 article. 2. "Owner", "City", or words "Party of the First Part", shall mean the party entering into contract to secure performance of the work covered by this Contract and his or its duly authorized officers ' or agents. Generally this will be the "City of Jefferson". 3. "Contractor"or the words "Party of the Second Part"shall mean the party entering into contract ' for the performance of the work covered by this contract and his duly authorized agents or legal representatives. 4. "Subcontractors"shall mean and refer to a corporation, partnership, or individual having a direct contract with the Contractor,for performing work at the job site. • 5. "Engineer"shall mean the authorized representative of the Director of Community Development, ' (i.e., the Engineering Division Director). 6. "Construction Representative"shall mean the engineering or technical assistant duly authorized ' by the Engineer limited to the particular duties entrusted to him or them as subsequently set forth •. herein. , 7. "Date of Award of Contract" or words equivalent thereto, shall mean the date upon which the successful bidder's proposal is accepted by the City. 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 City, if and when approved by the Engineer, and all drawings submitted by the Cityto the Contractor during the progress of the work,as provided for ' herein. 11. Whenever in these contract documents the words"as directed","as required","as permitted","as allowed", or words or phrases of like import are used, it shall be understood that the direction, , requirement, permission, or allowance of the City and Engineer is intended. 12. Similarly the words "approved", "reasonable", "suitable", "acceptable", "properly", "satisfactory", , or words of like effect and import, unless otherwise particularly specified herein, shall mean approved,reasonable,suitable,acceptable,proper or satisfactory in the judgment of the Cityand Engineer. 13. Whenever any statement is made in these Contract Documents containing the expression "it is • understood and agreed"or any expression of the like import,such expression means the mutual understanding and agreement of the Contractor and the City. 14. "Missouri Highway Specifications" shall mean the latest edition of the "Missouri Standard Specifications for Highway Construction"prepared by the Missouri Highway and Transportation Commission and published before the date of this contract. , 15. Consultant shall mean the firm, company, individual, or its/his/her duly authorized representative(s) under separate agreement with the City of Jefferson that prepared the plans, specifications, and other such documents for the work covered by this contract. ' GP-3 THE CONTRACTOR It is understood and agreed that the Contractor, has by careful examination satisfied himself as to the ' nature and location of the work,the conformation of the ground,the character,quality and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work, the general local conditions, and all other matters which can in any ' way affect the work under this Contract. No verbal agreement or conversation with any officer, agent or employee of the City,either before or after the execution of this contract,shall affect or modify any of the terms or obligations herein contained. ' The relation of the Contractor to the City shall be that of an independent contractor. GP-4 THE ENGINEER The Engineer shall be the City's representative during the construction period and he shall observe the . work in process on behalf of the City by a series of periodic visits to the job site. He shall have authority , to act on behalf of the City. i iThe 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 i construction is to the City to endeavor to protect defects and deficiencies in the work. Any plan or method of work suggested by the Engineer, or other representative of the City, to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part,shall be used at the risk and responsibility of the Contractor; and the Engineer and the City will assume no responsibility therefore. i GP-5 BOND Coincident with the execution of the Contract, the Contractor shall furnish a-good and sufficient surety bond in the,full amount of the contract sum. This surety bond, executed by the Contractor to the City, i shall be a guarantee: (a) for the faithful performance and completion of the work in strict accordance with the terms and intent of the contract documents; (b) the payment of all bills and obligations arising from this contract which might in any manner become a claim against the City; (c) for the payment to the City of all sums due or which may become due by the terms of the contract, as well as by reason of any violation thereof by the Contractor; and for a period of one year from and immediately following the acceptance of the completed project by the City,the payment to the City of all damage loss and expense which may occur to the City by reason of defective materials used;or by reason of defective or improper workmanship done, in the furnishing of materials, labor, and equipment in the performance of the said contract. All provisions of the bond shall be complete and in full accordance with statutory requirements. The bond ' shall be executed with the property sureties through a company licensed and qualified to operate in the state and approved by the City. Bond shall be signed by an agent resident in the state and date of bond shall be the date of execution of the contract. ' • If at any time during the continuance of the contract the surety on the Contractor's bond becomes irresponsible,the City shall have the right to require additional and suff icient sureties which the Contractor shall furnish to the satisfaction of the City within ten (10)days after notice to do so. In default thereof,the ' contract may be suspended, all payments or money due the Contractor withheld, and the contract completed as hereinafter provided. ' GP-6 INSURANCE GP-6.1 GENERAL: The Contractor shall secure,pay for and maintain during the life of the Contract,insurance of such types and amounts as necessary to protect himself, and the City, against all hazards enumerated herein. All policies shall be in the amounts,form and companies satisfactory to the City. ' The insuring company shall deliver to the City certificates of all insurance required, signed by an authorized representative and stating that all provisions of the following specified requirements are complied with. iAll certificates of insurance required herein shall state that ten(10)days written notice will be given to the City before the policy is canceled or changed. All certifications of insurance shall be delivered to the City prior to the time that any operations under this contract are started. All of said Contractor's certificates of insurance shall be written in an insurance company authorized to do business in the State of Missouri. iGP-6.2 BODILY INJURY LIABILITY& PROPERTY DAMAGE LIABILITY INSURANCE • (1) Bodily Injury Liability insurance coverage providing limits for bodily injuries,including death,of not less ' than $2,000,000 per person and$300,000 per occurrence. (2) Property Damage Liability insurance coverage for limits of not less than $2,000,000 per one , occurrence nor less than $2,000,000 aggregate to limit for the policy year. . GP-6.3 CONTRACTOR'S PROTECTIVE BODILY INJURY LIABILITY & PROTECTIVE PROPERTY , DAMAGE LIABILITY INSURANCE: (COVERING OPERATIONS OF SUBCONTRACTORS) (1) Contractors contingent policy providing limits of at least$300,000 per person and $2,000,000 per occurrence for bodily injury or death. (2) Property Damage Liability providing limits of at least $2,000,000 per occurrence and $2,000,000 , aggregate. GP-6.4 CONTRACTUAL LIABILITY , Property Damage coverage with $2,000,000 aggregate limit. GP-6.5 OWNER'S PROTECTIVE LIABILITY AND PROPERTY DAMAGE INSURANCE , The Contractor shall purchase and maintain Owner's Protective Liability and Property Damage insurance issued in the name of the Owner and the Engineer as will protect both against any and all claims that , might arise as a result of the operations of the.Contractor or his subcontractors in fulfilling this contract. The minimum amount of such insurance shall be the same as required for Bodily Injury Liability and Property Damage Liability Insurance. This policy shall be filed with the Owner and a copy filed with the , Engineer. GP-6.6 EXCLUSIONS The above requirements GP-6.2,6.3,6.5 for property damage liability shall contain no exclusion relative • to: (1) Blasting or explosion. (Consult Technical Specifications Part I for possible deletion of this , requirement on subject project.) (2) Injury or destruction of property below the surface of the ground, such as wires, conduits, pipes, ' mains, sewers, etc., caused by the Contractor's operations. (3) The collapse of,or structural injury to, any building or structure on or adjacent to the City's premises, ' or injury to or destruction of property resulting therefrom, caused by the removal of other buildings, structures, or supports, or by excavations below the surface of the ground. GP-6.7 AUTOMOBILE BODILY INJURY LIABILITY & AUTOMOBILE PROPERTY DAMAGE LIABILITY INSURANCE Contractor shall carry in his name, additional assured clauses protecting City, Liability Insurance with ' Bodily Injury or Death Limits of not less than$300,000 per person and$2,000,000 per occurrence, and property damage limits of not less than $300,000 with hired car and non-owned vehicle coverage or separate policy carrying similar limits. The above is to cover the use of automobiles and trucks on and off the site of the project. , GP-6.8 EMPLOYER'S LIABILITY AND WORKMEN'S COMPENSATION , Employer's and Workmen's Compensation Insurance as will protect him against any and all claims resulting from injuries to and death of workmen engaged in work under this contract, and in addition the • Contractor shall carry occupational disease coverage with statutory limits, and Employer's Liability with ' a limit of$300,000 per person. The"All State" endorsement shall be included. ' In case any class of employees is not protected under the Workmen's Compensation Statute, the Contractor shall provide and cause such contractor to provide adequate employer's liability coverage as will protect him against any claims resulting from injuries to and death of workmen engaged in work under ' this contract. GP-6.9 INSTALLATION FLOATER INSURANCE This insurance shall insure and protect the Contractor and the Cityfrom all insurable risks of physical loss or damage to materials and equipment, not otherwise covered under Builder's Risk Insurance, when in warehouses or storage areas, during installation, during testing and until the work is accepted. It shall be of the"All Risks"type,with coverage designed for the circumstances which may occur in the particular . work included-in-this contract. The coverage shall be for-an-amount-not less than the value of the work at completion;less the value of the material and equipment insured under Builder's Risk Insurance. The value shall include the aggregate value of the City-furnished equipment and materials to be erected or ' installed by the Contractor not otherwise insured under Builder's Risk Insurance. Installation Floater Insurance shall also provide for losses, if any,to be adjusted with and made payable to the Contractor and the City as their interests may appear. If the aggregate value of the City-furnished and Contractor-fumished equipment is less than$10,000 such equipment may be covered under Builder's Risk Insurance, and if.so covered, this Installation Floater ' Insurance may be omitted. GP-6.10 CONTRACTOR'S RESPONSIBILITY FOR OTHER LOSSES For the considerations in this agreement heretofore stated, in addition to Contractor's other obligations, the Contractor assumes full responsibility for all loss or damage from any cause whatsoever to any tools owned by the mechanics, any tool machinery, equipment, or motor vehicles owned or rented by the Contractor's, his agents, sub-contractors, material men or his or their employees; to sheds or other temporary structures, scaffolding.and staging, protective fences, bridges and sidewalk hooks. The Contractor shall also assume responsibility for all loss or damage caused by,arising out of or incident to ' larceny,theft, or any cause whatsoever(except as hereinbefore provided)to the structure on which the work of this contract and any modifications, alterations, enlargements thereto, is to be done, and to materials and labor connected or to be used as a part of the permanent materials,and supplies necessary to the work. GP-6.11 CONTRACTOR'S RESPONSIBILITY ON DAMAGES&CLAIMS INDEMNIFYING CITY ' The Contractor shall.indemnify and save harmless the City and Engineer and their officers and agents, of and from all losses,damages,costs,expenses,judgments, or decrees whatever arising out of action- or suit that may be brought against the City or Engineer or any officer or agent of either of them,for or on account of the failure,omission,or neglect of the Contractor to do and perform any of the covenants,acts, matters,or things by this contract undertaken to be done or performed,or for the injury,death or damage caused by the negligence or alleged negligence of the Contractor or his subcontractors or his or their agents, or in connection with any claim or claims based on the lawful demands of subcontractors, workmen,material men,or suppliers of machinery and parts thereof,equipment,power tools and supplies incurred in the fulfillment of this contract. GP-6.12 NOTIFICATION IN EVENT OF LIABILITY OR DAMAGE iUpon the occurrence of any event, the liability for which is herein assumed, the Contractor agrees to forthwith notify the City, in writing such happening, which notice shall forthwith give the details as to the happening,the cause as far as can be ascertained, the estimate of loss or damage done,the names of witnesses, if any, and stating the amount of any claim. GP-7 ASSIGNMENT OF CONTRACT , The Contractor shall not assign or transfer this contract nor sublet it as a whole, without the written 9 , consent of the City and of the Surety on the Contractor's bond. Such consent of Surety, together with copy of assignment, shall be filed with the City. No assignment, transfer or subletting, even though consented to, shall relieve the Contractor of his liabilities under this contract. Should any assignee fail to perform the work undertaken by him in a satisfactory manner, the City may at his option annul and terminate Assignee's contract. GP-8 SUBCONTRACTS, PRINCIPAL MATERIALS & EQUIPMENT ' Prior to the award of the contract, the Contractor shall submit for approval of the City a list of subcontractors and the sources of the principal items of materials and equipment which he proposes to use in the construction of the project. ' The Contractor agrees that he is as fully responsible to the City for the acts and omissions of his subcontractors and of person either directly or indirectly employed by them as he is for the acts and , omissions or persons directly employed by him. Any notices.to the Contractor shall be considered as notice to any affected subcontractors. Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the City. No officer, agent or employee of the City, including the Engineer, shall have any power or authority , whatsoever to bind the City or incur any obligation in its behalf to any subcontractor, material supplier or other person in any manner whatsoever. GP-9 OTHER CONTRACTS , The City reserves the right to let other contracts in connection with this work. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the , execution of their work, and shall properly connect and coordinate his work with theirs. If any part of the Contractor's work depends for proper execution or results on the work of any other contractor,the Contractor shall inspect and promptly report to the Engineer any defect in such work that ' renders it unsuitable for such proper execution and results. His failure so to inspect and report all constitute an acceptance of the other contractor's work as fit and properfor the reception of his work,except as to defects which may develop in the other contractor's work ' after the execution of his work. Wherever work being done by the City's forces or by other contractors is contiguous to work covered by ' this Contract,the respective rights of the various interests involved shall be established by the Engineer, in order to secure the completion of the various portions of the work in general harmony. GP-10 LEGAL RESTRICTIONS, PERMITS AND REGULATIONS ' The Contractor shall procure at his own expense all necessary licenses and permits of a temporary nature and shall give due and adequate notice to those in control of all properties which may be affected by his , operations. Rights-of-way and easements for permanent structures or permanent changes in existing facilities shall be provided bythe City unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn or specified. ' GP-11 ROYALTIES AND PATENTS . It is agreed that all royalties for patents or patent claims, infringement whether such patents are for ' processes or devices,that might be involved in the construction or use of the work, shall be included in ' the contract amount and the Contractor shall satisfy all demands that may be made at any time for such and shall be liable for any damages or claims for patent infringements,and the Contractor shall at his own expense, defend any and all suits or proceedings that may be instituted at any time against the City for ' infringement or alleged infringement of any patent or patents involved in the work,and in case of an award of damages,the said Contractor shall pay such award;final payment to the Contractor by the City will not be made while any such suits or claims remain unsettled. ' GP-12 SCOPE AND INTENT OF SPECIFICATIONS AND PLANS GP-12:1 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 1 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 necessaryto a clear understanding ' of the work,or should it appear various instructions are in conflict,then the Contractor shall secure written instructions from the Engineer before proceeding with the construction affected by such omissions or discrepancies. It is understood and agreed that the work shall be performed and completed according ' to the true spirit, meaning and intent.of the contract, specifications and plans. GP-12.2 FIGURED DIMENSIONS TO GOVERN ' Dimensions and elevations shown on the plans shall be accurately followed even though they differ from scaled measurements. No work shown on the plans,the dimensions of which are not indicated shall be executed until the required dimensions have been obtained from the Engineer. GP-12.3 CONTRACTOR TO CHECK PLANS AND SCHEDULES The Contractor shall check all dimensions,elevations and quantities shown on the plans,and schedules ' given to him by the Engineer,and shall notify the Engineer of any discrepancy between the plans and the conditions on the ground,or any error or omission in plans,or in the layout as given by stakes, points,or instructions,which he may discover in the course of the work. The Contractor will not be 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. ' '-GP-12.4 STANDARD SPECIFICATIONS Reference to standard specifications of any technical society,organization or association,or to codes of local or state authorities, shall mean the latest standard, code, specification, or tentative specification adopted and published at the date of taking bids, unless specifically stated otherwise. GP-13 CONSTRUCTION REPRESENTATIVE AT PROJECT The City may appoint or employ such "Construction,Representative" as the City may deem proper, to observe the work performed under this Contract, to the end that said work is performed, in substantial ' accordance with the plans and specifications therefor. The Project Representative assumes no direction of employees of the Contractor or Subcontractors and no supervision of the construction activities or responsibility for their safety. The sold duty of the Project ' Representative during the construction is to the City to endeavor to protect against defects and deficiencies in the work. 1 The Contractor shall regard and obey the directions and instructions of the Construction Representative so appointed, when the same are consistent with the obligations of this contract and the specifications therefor, provided, however, that should the Contractor object to any order given by the Construction ' Representative,the Contractor may make written appeal to the Engineer for his decision. The Construction Representative and other properly authorized representatives of the City shall be free at all times to perform their duties, an intimidation or attempted intimidation of any one of them by the , Contractor or by any of his employees shall be sufficient reason, if the City so decides, to annul the contract. Such construction representation shall not relieve the Contractorfrom anyobligation 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 bythe Contractor at his own expense,and free of all expense to the City, whenever so ordered by the Engineer, without reference to any previous oversight in observation of work. Any defective material or workmanship maybe rejected by the Engineer at any time before the final acceptance of the work, even though the same may have been previously overlooked and estimated for payment. The Construction Representative shall have no authority to permit any deviation from the plans and ' specifications except on written order from the Engineer,and the Contractor will be liable for any deviation except on such written order. , All condemned work shall be promptly taken out 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 City may,upon certification by the Engineer,withhold payment or proceed to terminate contracts as herein provided. Reexamination of questioned work may be ordered by the Engineer, and if so ordered the work must be ' uncovered by the Contractor. If such work be done in accordance with the Contract Documents,the City shall pay the cost of reexamination and replacement. If such work be found not in accordance with the Contract Documents,the Contractor shall pay such cost,unless he shall show that defect in the work was caused by another contractor of the City and in that event the City shall pay such cost. ' The Contractor shall furnish samples of testing purposes of any material required by the Engineer, and shall furnish any information required concerning the nature or source of any material which he proposes ' to use. GP-14 LINES AND GRADES The Department of Community Development will set construction stakes establishing lines,scopes, and ' continuous profile grade in road work, and center-line and bench marks for culvert work, and appurtenances as may be deemed necessary, and will furnish the Contractor, with all necessary ' information relating to lines, slopes, and grades, to lay out the work correctly. The Contractor shall maintain these lines, grades, and bench marks and use them to lay out the work he is to perform under this contract. The Contractor shall notify the Department of Community Development not less than 48 hours before ' stakes are required. No claims shall be made because of delays if the contractors fail to give such notice. The Contractor shall carefully preserve stakes and bench marks. If such stakes and bench mark become damaged,lost,displaced,or removed by the Contractor,they shall be reset at his expense and deducted from the payment for the work. Any work done without being properly located and established by base lines,offset stakes,bench marks, ' or other basic reference points checked bythe Construction Representative may be ordered removed and replaced at the Contractor's expense. ' GPAI CONTRACTOR'S RESPONSIBILITY FOR MATERIALS The Contractor shall be responsible for the condition of all materials furnished by him, and he shall ' replace at his own cost and expense any and all such material found to be defective in design or manufacture,or which has been damaged after delivery. This includes the furnishing of all materials and labor required for replacement of any installed materials which is found to be defective at any time prior to the expiration of one year from the date of final payment. ' The manufacturer of pipe for use on this project shall certify in writing to the City that all materials furnished for use in this project do conform to these specifications. Whenever standard tests are conducted, he shall forward a copy of the test results to the City. GP-16 WATER All water required for and in connection with the work to be performed shall be provided by the Contractor- at his sole cost and expense. GP-17 POWER All power for lighting, operation of the Contractor's plant or equipment or for any other use by the Contractor, shall be provided by the Contractor at his sole cost and expense. GP-18 SUPERINTENDENCE AND WORKMANSHIP ' The Contractor shall keep on his work, during its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the Contractor in his absence and all directions ' given to him shall be as binding as if given to the Contractor. The Contractor shall provide proper tools and equipment and the services of all workmen, mechanics, tradesmen,and other employees necessary in the construction and execution of the work contemplated and outlined herein. The employees of the Contractor shall be competent and willing to perform satisfactorily the work required of them. Any employee who is disorderly, intemperate or incompetent or who neglects or refuses to perform his work in a satisfactorily manner, shall be promptly discharged. It is called particularly to the Contractor's attention that only first class workmanship will be acceptable. GP-19 MAINTENANCE OF TRAFFIC ' Whenever any street is closed,the Police Department, Fire Department, and Ambulance Services shall be notified prior to the closing. When a portion of the project is closed to through traffic,the Contractor shall provide proper barricades and shall mark a detour route around the section of the project if applicable. The route of all detours shall be approved by the Director of Community Development. All detour signing shall conform to the latest edition of the "Manual on Uniform Traffic Control Devices". Throughout the project, wherever homes are served directly from a street or portion of a street which is to be reconstructed under this project,the Contractor shall make every effort to provide access to each home every night. This work shall be subsidiary to the construction and no direct payment will be made for it. GP-20 BARRICADES AND LIGHTS ' All streets, roads, highways,and other public thoroughfares which are closed to traffic shall be protected by means of effective barricades on which shall be placed acceptable warning signs. Barricades shall be located at the nearest intersecting public highway or street on each side of the blocked section. All open trenches and other excavations shall be provided with suitable barriers, signs, and lights to the extent that adequate protection is provided to the public. Obstructions, such as material piles and equipment, shall be provided with similar warning signs and lights. All barricades and obstructions shall be illuminated by means of warning lights at night. All lights used for this purpose shall be kept burning 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, installed , and maintained bythe Contractor. This work shall be subsidiaryto the construction and no direct payment will be made for it. GP-21 EXISTING UNDERGROUND INSTALLATIONS AND STRUCTURES ' Pipe lines and other existing underground installations and structures in the vicinity of the work to be done hereunder are indicated on the plans according to the best information available to the City. The City ' does not guarantee the accuracy of such information. The Contractor shall make every effort to locate all underground pipe lines,conduits and structures by contacting owners of underground utilities and by prospecting in advance of the excavation. Any delays to the Contractor caused by pipe lines or other underground structures or obstructions not ' shown by the plans, or found in locations different than those indicated, shall not constitute a claim for extra work, additional payment or damages. , No payment will be made to the Contractor for locating and protecting utilities and cooperating with their owners,and any damages caused to the utilities by the Contractor's negligence shall be repaired entirely at the Contractor's expense. ' Utilities, other than sanitary sewers and water mains, which, in the opinion of the Engineer, must be moved will be moved by the utility company at no cost to the Contractor. Sanitary sewers which must be ' moved shall be re-laid by the Contractor and paid for at the prices bid. Only sewers which must be moved because of direct conflict with the storm sewer conduit will be paid for in this manner. Sewers damaged by excavation but not in direct conflict with the storm sewer will be repaired at the Contractor's expense. GP-22 PROTECTION OF WORK AND PROPERTY , The Contractor shall be accountable for any damages resulting from his operations. He shall be fully ' responsible for the protection of all persons including members of the public, employees of the City and employees of other contractors or subcontractors and all public and private property including structures, sewers and utilities above and below ground, along, beneath, above,across or near the site or sites of the work, or other persons or property which are in any manner affected by the prosecution of the work. ' The Contractor shall furnish and maintain all necessary safety equipment such as barriers,signs,warning lights and guards as required to provide adequate protection or persons and property. The Contractor shall give reasonable notice to the owner or owners of public or private property and utilities when such property is liable to injury or damage through the performance of the work, and shall make all necessary arrangements with such owner or owners relative to the removal and replacement , or protection of such property or utilities. In an emergency affecting the safety of life or of the work or of adjoining property,the Contractor,without special instruction or authorization,is hereby permitted to act at his discretion to prevent such threatened ' loss or injury,and he shall so act. Any compensation,claimed by the Contractor on account of emergency work, shall be determined by agreement or arbitration. The Contractor agrees to hold the City harmless from any and all loss or damages arising out of ' jurisdictional labor disputes or other labor troubles of any kind that may occur during the construction or performance of this contract. GP-23 GUARANTEE OF MATERIALS AND WORKMANSHIP , The Contractor hereby guarantees the work in connection with this contract against faulty materials or , poor workmanship during the period of one (1) year after the date of completion of the contract. ' GP-24 NO WAIVER OF RIGHTS Neither observation of work by the City or any of their officials, employees, or agents, nor any order by the City for payment of money, or any payment for, or acceptance of, the whole or any part of the work by the City, nor any extension of time, nor any possession taken by the City or its employees, shall operate as a waiver of any provision of this contract,or of any power herein reserved to the City, or any 1 right to damages herein provided, nor shall any waiver of any breach in this contract be held to be a waiver of any other or subsequent breach. GP-25 USE OF COMPLETED PORTIONS ' If desired by the City,portions of the work maybe 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. ' GP-26 ADDITIONAL, OMITTED, OR CHANGED WORK The Owner,without invalidating the Contract,may order additional work to be done in connection with the ' Contractor may alter or deduct from the work,the Contract sum to be adjusted accordingly. All such work shall be executed to the same standards of workmanship and performance as though therein included. The Engineer shall have authority to make minor changes in the work, not involving cost, and not ' inconsistent with the purposes of the work. Except for adjustments of estimated quantities for unit price work or materials to conform to actual pay quantities therefor as may be provided for in the Special Conditions, all changes and alterations in the terms or scope of the Contract shall be made under the authority of duly executed change orders issued and signed by the Owner and accepted and signed by the Contractor. All work increasing the cost shall be done as authorized by the Owner and ordered in writing by the Engineer, which order shall state the location,character,amount,and method of compensation. No additional or changed work shall be made unless in pursuance of such written order by the Engineer, and no claim for an addition to the Contract sum shall be valid unless so ordered. ' If the modification or alteration increases the amount of work to be done, and the added work or any part thereof is of a type and character which can be properly and fairly classified under one or more unit price items of the Proposal, then such added work or part thereof shall be paid for according to the amount actually done and at the applicable unit price or prices therefor. Otherwise, such work shall be paid for as "Extra Work" as hereinafter provided in this Article GP-26. ' If the modification or alteration decreases the amount of work to be done, such decrease shall not constitute the basis for a claim for damages or anticipated profits on work affected by such decrease. Where the value of omitted work is not covered by applicable unit prices, the Engineer shall determine on an equitable basis the amount of: ' 1. Credit due the Owner for Contract work not done as a result of an authorized change. 2. Allowance to the Contractor for any actual loss incurred in connection with the purchase,delivery and subsequent disposal of materials or equipment required for use on the work planned and which could not be used in any part of the work as actually built. I 3. Any other adjustment of the Contract amount where the method to be used in making such adjustments is not clearly defined in the contract documents. Statements for extra work shall be rendered by the Contractor not later than fifteen (15) days after the completion of each assignment of extra work and if found correct will be approved by the Engineer and submitted for payment with the next regular monthly estimate. The Owner reserves the right to contract with any person or firm other than the Contractor for any or all ' extra work. The Contractor's attention is especially called to the fact that he shall be entitled to no claim for damages or anticipated profits on any portion of the work that may be omitted. , Extra Work: (a) The term "Extra Work" shall be understood to mean and include all work that may be required to , accomplish any change or alteration in or addition to the work shown by the Plans or reasonably implied by the Specifications and not covered by the Contract proposal items and which is not otherwise provided under this Article GP-26. (b) The Contractor shall perform all extra work under the direction of the Engineer when authorized by the Owner. The compensation to be paid the Contractor for performing extra work shall be determined by one or more of the following methods: ' 1. Method A: By agreed unit price 2. Method B: By agreed lump sum , 3. Method C: If neither Method A or B can be agreed upon before the work is started,then the work shall be by force account as per Section 109, Measurement and Payment, of the Missouri Standard Specification for Highway Construction,as published bythe Missouri State Highway and Transportation Commission. GP-27 SUSPENSION OF WORK The Owner may at anytime suspend the work, or any part thereof by giving ten (10) days notice to the Contractor in writing. The work shall be resumed by the Contractor within ten (10) days after the date , fixed in the written notice from the Owner to the Contractor to do so. But if the work, or any part thereof, shall be stopped by the notice in writing aforesaid, and if the Owner does not give notice in writing to the Contractor to resume within a reasonable period of time,then the Contractor may abandon that portion of the work so suspended and he will be entitled to the estimates and payments for all work done on the portions abandoned, if any. GP-28 OWNER'S RIGHT TO DO WORK , If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this , contract, the Owner, after ten (10) days written notice to the Contractor, may, without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor. GP-29 OWNER'S RIGHT TO TERMINATE CONTRACT ' If the Contractor should be adjudged a bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he should ' persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he should fail to make prompt payment to subcontractors or for material or labor, or persistently disregard laws, ordinances or the instructions of the Engineer, or otherwise be guilty of a substantial violation of any provision of the Contract, then the Owner may, without prejudice to any other right or remedy and after giving the Contractor five(5)days written notice,terminate the employment of the Contractor and take possession of the premises and of all materials, tools, and appliances thereon and finish the work by whatever ' method 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 expenses shall be paid to the Contractor. If such expense shall exceed such unpaid balance,the Contractor shall pay the difference to the Owner. t _ ' GP-30 CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT If the work should be stopped under an order of any court, or other public authority,for a period of three months,through no act or fault of the Contractor or of anyone employed by him,then the Contractor may, upon five(5)days written notice to the Owner and the Engineer,stop work or terminate his contract and recover from the Owner payment for all work executed and any loss sustained upon any plant or materials and reasonable profit and damages. GP-31 LOSSES FROM NATURAL CAUSES All loss or damage arising out of the nature of the work to be done,of from the,action of the elements, or from floods or overflows,or from ground water,or from any unusual obstruction of difficulty,or any other natural or existing circumstances either known or unforeseen, which may be encountered in the prosecution of the said work,shall be sustained and borne bythe Contractor at his own cost and expense. GP-32 SUNDAY, HOLIDAY AND NIGHT WORK No work shall be done between the hours of 6:00 p.m. and 7:00 a.m., nor on Sundays or legal holidays, without the written approval of the City. However, work necessary in case of emergencies or for the protection of equipment or finished work may be done without the City's approval. Night work may be established by the Contractor as a regular-procedure with the written permission of the City; such permission however, may be revoked at any time by the City if the Contractor fails to maintain adequate equipment and supervision for the proper prosecution and control of the work at night- GP-33 UNFAVORABLE CONSTRUCTION CONDITIONS 1 During unfavorable weather, wet ground, or other suitable construction conditions, the Contractor shall confine his operations to work which will not be affected adversely thereby. No portion of the work shall be constructed under conditions which would affect adversely the quality or efficiency thereof, unless special means or precautions are taken bythe Contractor to perform the work in a proper and satisfactory ' manner. GP-34 MATERIALS AND EQUIPMENT Unless specifically provided otherwise in each case,all materials and equipment furnished for permanent installation in the work shall be new, unused, and undamaged when installed or otherwise incorporation in the work. No such material or equipment shall be used by the Contractor for any purpose other than that intended or specified, unless such use is specifically authorized by the Engineer in each case. GP-35 DEFENSE OF SUITS ' In case any action at law or suit in equity is brought against the City or any officer or agent of them for or on account of the failure,omission,or neglect of the Contractor to do and perform any of the covenants, acts, matters,or things by this contract undertaken to be done or performed, or for the injury or damage ' caused by the negligence or alleged negligence of the Contractor or his subcontractors or his or their agents, or in connection with any claim or claims based on the lawful demands of subcontractors, workmen, material men, or suppliers of machinery and parts thereof, equipment, power tools, and supplies incurred in the fulfillment of this contract,the Contractor shall indemnify and save harmless the City and their officers and agents, of and from all losses, damages, costs, expenses, judgments, or decrees whatever arising out of such action or suit that may be brought as aforesaid. GP-36 CHANGE ORDER Any changes or additions to the scope of work shall be.through a written order from the Engineer to the Contractor directing such changes in the work as made necessary or desirable by unforeseen conditions or events discovered or occurring during the progress of the work. GP-37 CONTRACT TIME The time for the completion of the work is specified and it is an essential part of the contract. The , Contractor will not be entitled to any extension of contract time because of unsuitable weather condition unless suspension of the work for such conditions was authorized in writing by the Engineer. If the time for the completion of the work is based upon working days, this time will be specified in the contract. A working day is defined as any day when, in the judgment of the Engineer, soil and weather conditions are such as would permit any then major operation of the project for six (6) hours or over unless other unavoidable conditions prevent the Contractor's operation. If conditions are such as to stop ' work in less than six (6) hours, the day will not be counted as a working day. No working days will be counted from December 15 to March 15, both dates inclusive. Saturdays, Sundays, and City holidays will not be counted as working days any time during the year. GP-38 CONTRACT TIME EXTENSION The Engineer may make allowance for time lost due to causes which he deems justification for extension of contract time. If the Contractor claims an extension of contract time on the grounds that he is unable to work due to causes beyond his control, he shall state his reasons in writing,furnish proof to establish his claim and state the approximate number of days he estimates he will be delayed. Notice of intention ' to claim an extension of contract time on the above grounds shall be filed with the Engineer at the time the cause or causes occur and the claim shall be filed in writing within 30 days after the claimed cause for the delay has ceased to exist. ' GP-39 LIQUIDATED DAMAGES Time is an essential element of the contract and it is therefore important that the work be pressed ' vigorously to completion. Should the Contractor or in case of default the surety fail to complete the work within the time specified in the contract, or within such extra time as may be allowed in the manner set out in the preceding sections, a deduction of an amount as set out in the contract will be made for each ' day and every calendar day that such contract remains uncompleted after the time allowed for the completion. The said amount set out in the proposal is hereby agreed upon, not as a penalty but as liquidated damages for loss to the City and the public, after the expiration of the time stipulated in the contract,and will be deducted from any money due the Contractor under the contract,and the Contractor ' and his surety shall be liable for any and all liquidated damages. Permitting the Contractor to continue and finish the work or any part of it after the expiration of the specified time,or after any extension of the time, shall in no way operate as a waiver on the part of the City or any of its rights under the contract. GP-40 MEASUREMENT AND PAYMENT (a) BASIS FOR PAYMENT ' Contractor will be paid for quantities actually constructed or performed as determined by field measurement (except as may be hereinafter.provided) at the unit price bid for the items listed in the schedule of the Bid or for such extra work as may be authorized and approved by the Engineer. The cost , of incidental work not listed in the schedule of the Bid but necessary for the completion of the project shall be included in bid items. (b) DEDUCTIONS FOR UNCORRECTED WORK ' If the Engineer deems it expedient not to correct work that has been damaged or that was not done in accordance with the Contract, an equitable deduction from the Contract price shall be made therefore. ' (c) LUMP SUM ITEMS Payment for each lump sum item shall be at the lump sum bid for the item, complete in place, and shall , include the costs of all labor, materials,tools, and equipment to construct the item as described herein and to the limits shown on the plans. ' (d) PARTIAL PAYMENT Partial payment will be made on a monthly basis. The payment shall be based on the work that has been ' found generally acceptable under the contract by the Engineer or inspector. A retainer equal to 10%of the amount of work completed to date shall be withheld. 1 (e) ACCEPTANCE AND FINAL PAYMENT Upon receipt of written notice that the work is ready for final inspection and acceptance,the Engineer will promptly make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed he will promptly issue a final certificate, over his own signature, stating that the work. required by this contract has been completed and is acceptable by him under-the terms and conditions thereof, and-the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the City of Jefferson within thirty(30) days after the date of said final certificate. (f) AFFIDAVIT OF COMPLIANCE Monies due to the Contractor will not be delivered to the Contractor without presentation to the Department of Community Development an Affidavit of Compliance with Prevailing Wage Law on prescribed form attached to the back of these contract documents. GP-41 RELEASE OF LIABILITY ' The acceptance by the Contractor of the.last.payment shall operate as and shall be a release to the Owner and every officer and agent thereof,from all claims and liability to the Contractor for anything done or furnished for, or relating to the work, or for any act or neglect of the Owner or of any person relating ' to or affecting the work. GP-42 CERTIFICATIONS ' GP-42.1 All suppliers of materials such as drainage pipe or handrail and all suppliers of asphaltic concrete or portland cement concrete mixtures shall certify in writing that the product as supplied conforms fully with these specifications. Such certification shall be delivered in triplicate to the Department of Community Development at least 24 hours before the product is to be used on the project. GP-42.2 The City, at its option, may perform or have performed such tests as may be deemed ' necessary to further assure that only specified materials are incorporated into the work. GP-43 LOCAL PREFERENCE In making purchases or in letting contracts for the performance of any job or service,the purchasing agent shall give preference to all firms,corporations or individuals which maintain offices or places of business within the corporate limits of the City of Jefferson, when the.quality of the commodity or performance promised is equal or better and the price quoted is the same or less. GP-44 PREFERENCE FOR U.S. MANUFACTURED GOODS ' On purchases in excess of$5,000,the City shall select products manufactured,assembled or produced in the United States, if quantity,quality, and price are equal. Every contract for public works construction or maintenance in excess of$5,000 shall contain a provision requesting the contractor to use American products in the performance of the contract. GP-45 AWARD OF CONTRACT-REJECTION OF BIDS All bidders are required to submit with bid Minority Business Enterprise Eligibility Forms for all subcontractors and suppliers who the contractor intends to use on the project. Compliance with this requirement and the Minority Business Enterprise Program shall be a consideration for award of this contract. The contract will be awarded to the lowest and best responsible bidder on the base bid proposal, , complying with the conditions of the Advertisement for bids and Specifications, providing the bid is reasonable and it is in the interest of the City of Jefferson,Missouri to accept same. The bidder to whom an award is made will be notified at the earliest possible date. The City of Jefferson, however, reserves the right to reject any and all bids and to waive all informalities in bids received whenever such rejection or waiver is in their interest. GP-46 AFFIDAVIT OF COMPLIANCE WITH PUBLIC WORKS' CONTRACTS LAW Upon completion of project and prior to final payment,each contractor and subcontractor hereunder shall file with the City of Jefferson, Missouri, Department of Community Development, an affidavit stating that the contractor or subcontractor has fully complied with the provisions and requirements of Section 290.290, RSMo(1994 as amended),an act relating to public works contracts. The City of Jefferson shall not issue a final payment until such affidavit is filed. , GP-47 MISSOURI LABORER REQUIREMENT Whenever there is a period of excessive unemployment in Missouri, which is defined as any month ' immediately following two consecutive calendar months during which the level of unemployment in the State has exceeded five percent(5%)as measured by the U.S. Bureau of Labor Statistics in its monthly publication of employment and unemployment figures, only Missouri laborers or laborers from non- , restrictive states maybe hired by the contractor or subcontractors to work on this Public Works'contract. An exception shall exist when Missouri laborers or laborers from non-restrictive states are not available or are incapable or performing the particular type of work involved, if so certified by the contractor or subcontractor hereunder and approved by the Director of Community Development of the City of ' Jefferson, Missouri. Nor does this provision apply to regularly employed non-resident executive, supervisory or technical personnel or projects where federal aid funds are being utilized in the act and this provision would conflict with any federal statute, rule or regulation. ' Laborers from non-restrictive states means persons who are residents of a state which has not enacted state laws restricting Missouri laborers from working on public works projects in that state,as determined by the Missouri Labor and Industrial Relations Commission. A Missouri laborer means any person who ' has resided in Missouri for at least thirty(30)days and intends to become or remain a Missouri resident. GP-48 LIABILITY FOR COMPLIANCE WITH PUBLIC WORKS CONTRACTS LAW AND MISSOURI LABORER REQUIREMENT ' In the event a contractor or subcontractor hereunder files with the City of Jefferson an aff idavit stating that the contractor or subcontractor has fully complied with the provisions and requirements of Section 290.290, RSMo (1994 as amended), when in fact the contractor or subcontractor has not complied, to the extent that any liability is assessed against the City of Jefferson, Missouri,or any additional expenses are incurred by the City of Jefferson, Missouri, any contractor making the false statement, or whose subcontractor makes a false statement, shall hold harmless and indemnify the City for any liability ' assessed against it or any additional expenses incurred. Any contractor who fails to comply with the requirements of hiring only Missouri laborers or laborers from non-restrictive states,absent statutory exceptions,wheneverthere is a period of excessive unemployment in Missouri,agrees to hold harmless and indemnifythe City of Jefferson,Missouri,for any liability that may be assessed against it or any additional expenses incurred by the City of Jefferson, Missouri, because of the contractor or subcontractor's failure to comply. END OF GENERAL PROVISIONS ' 1 1 SPECIAL PROVISIONS 1 �OtillffJ t�®�i1 J/j�1i ' City of Jefferson,Missouri Department of Community Development 320 East McCarty Street ' Jefferson City,Missouri 65101 Phone(573)634-6410 Fax: (573)634-6562 www jeffcitvmo.org Patrick E. Sullivan,P.E.,Director SPECIAL PROVISIONS ' FORWARD: The provisions of this section take precedence over any other provisions in these specifications. SP-1 TECHNICAL SPECIFICATIONS AND DETAILS ' The Technical Specifications for this project shall consist of the 2004 version of the , Missouri Standard Specifications for Highway Construction except as modified or contradicted by the Contract, Technical Specifications, General Provisions, Special Provisions, Detail Plans, and any special or specific Specifications as included in the ' contract documents. All construction details included with the plans and attached hereto shall be used in ' constructing this project. The Technical Specifications for use on this project shall be the "CITY OF JEFFERSON TECHNICAL STREET SPECIFICATIONS, REVISED OCTOBER, 2000". These specifications can be found on the City's website at www.ieffcitymo.org and are available upon request from the City of Jefferson Department of Community Development. All construction details for this project not shown as part of the plan set shall be the CITY OF JEFFERSON STANDARD DRAWINGS REVISED EDITION 1/2006. SP-2 PROTECTION OF ADJACENT PROPERTIES ' Surface water shall be diverted and otherwise prevented from entering or damaging adjacent property or structures as a result of precipitation during construction. SP-3 ACCESS TO ADJACENT PROPERTIES Pedestrian access shall be maintained at all times. Suitable access shall be provided across trenches, ditches or other barriers and obstacles for pedestrian traffic. Appropriate devices shall be used to warn the public of the dangers that may be present. SP-4 ACCESS TO 1307 FAIRGROUNDS ROAD The contractor must maintain vehicular access to 1307 Fairgrounds Road. This shall be , accomplished thought the construction of a temporary bypass road constructed immediately to the south of the existing drive entrance, in conjunction with the ' construction of the proposed driveways in haves. The contactor shall schedule his work to minimize the time that the bypass is required. Upon the reopening of the drive the temporary bypass shall be completely removed and the site graded as shown on the ' plans. All grading required for the construction and removal of the temporary bypass road shall be paid as grading. SP-5 ACCESS TO 1308 FAIRGROUNDS ROAD The contractor must maintain vehicular access to 1308 Fairgrounds Road at all times. 1 1 SP-6 ACCESS TO 1301 AND 1309 FAIRGROUNDS ROAD The contractor must maintain vehicular access to one or the other of the driveways at these addresses at all times. SP-7 UTILITIES ' The Contractor-shall expose all utility crossings to establish location and-depths prior-to construction. The necessary adjustment of utility services such as water, gas, telephone, ' electric and sanitary sewer, including meters, valves, manholes and other appurtenances not specifically called out on the plans shall be subsidiary to the work. ' SP-8 PARTIAL ACCEPTANCE OF BID The Owner reserves the right to accept any part of, or the entire bid for the project. ' SP-9 TRAFFIC CONTROL All streets are to remain open to traffic with the contractor maintaining traffic by use of channelization, flaggers, or other means acceptable to the engineer and meeting the requirements of the MUTCD. At all times the contractor shall provide the necessary traffic control personnel, such as flagmen, and any signing, warning.devices and signs necessary as established by the MUTCD to maintain traffic flow. A typical minimum sign requirement has been provided in the traffic control plan. All work shall be in accordance with the Manual on Uniform Traffic Control Devices. Signs, cones, and barricades shall be placed both to protect workers and equipment and to protect the public by marking open trenches and other potential dangers. SP-10 CONSTRUCTION STAKING The construction staking for this project will be performed by the City of Jefferson. The staking will be provided in stages including, utility relocation, stormwater, retaining walls, and roadway staking. Any restaking required due to-the destruction of the original stakes can be provided to the contractor at the City Standard hourly rate. The contractor shall ' provide two working days notice of any staking he wishes to have performed. SP-11 EROSION CONTROL ' The City's General Storm Water Pollution Prevention Plan (SWPPP)shall be used for this project. The purpose of the SWPPP is to ensure the design, implementation, ' management, and maintenance of Best Management Practices-(BMPs) in order to prevent sediment and other pollutants in storm water discharges associated with the land disturbance activities; comply with the Missouri Water Quality Standards; and to ensure compliance with the Land Disturbance Permit. The SWPPP is not a static document, as conditions change the engineer may amend and update the SWPPP to address deficiencies or accommodate changing site conditions. Four BMPs have been included as bid items and are as follows: A. SILT FENCE: Silt fence is to be installed in the locations shown on the plans and as detailed in the City of Jefferson Standard Details Revised 1/2006. It is to be maintained throughout the life of the project and is to remain until the establishment of grass on all the disturbed areas at which point it is to be removed. All disturbance caused by its removal is to be immediately repaired. ' B. TEMPORARY MULCH: Temporary mulch shall be wheat straw or similar material applied to the ground so as to achieve 80% ground cover. Any area that has been disturbed and will not be worked for a period of two weeks shall be covered with ' mulch. The use of temporary mulch shall also be applied at the discretion of the engineer. C. SINGLE NET STRAW BLANKET: The single net straw blanket shall be North American Green DS75 or approved equal. It shall be installed in the locations shown on the plans as directed by the engineer D. STRAW BALE DITCH CHECKS: These ditch checks shall consist of three bales each and installed according to the MoDOT standard. , SP-12 ROCK REMOVAL No explosives shall be used on this project. Rock shall be removed by mechanical , chipping,jack-hammering or other methods approved by the Engineer. SPA MODULAR BLOCK WALL , The modular block walls shown on the plans shall be considered a layout only. The contractor shall retain an engineer licensed in the state of Missouri to prepare the final , wall design, or shall provide sealed shop drawings for the modular block wall designs as provided by the manufacturer. The contractor shall submit a set of stamped drawings for review and approval prior to the construction of the wall. The blocks used in the wall from ' station 18+00 to 19+70 shall be Versa-Lok Standard Blocks, limestone in color. The wall from station approximate station 24+00 to 25+50 shall be Versa-Lok standard block with the weathered option and sandstone in color. The blocks must be solid; no hollow core ' blocks will be accepted. SP-14 ALUMINIZED CSP ' All the Corrugated Steel Pipe shall be annular riveted Aluminized Steel Type 2. The band width shall not be less than 11 inches. SPA 5 WATERLINE RELOCATION ' There is a 6"water line located at station 19+62 that runs perpendicular to the centerline. ' This line serves as a fire line to the church offset left. The construction of the trail will lower the grade over this pipe. The contractor shall expose the pipe at the location of the crossing and verify the depth of the pipe. If the pipe will have 30" of cover at the , completion of the proposed improvements no relocation will be required. If it is determined that the waterline will have less that 30" of cover the waterline shall be lowered by means of different or additional elbows and fittings and the replacement of a section of the existing pipe. The relocation shall use like materials to those present and , shall be performed by a licensed plumber. Best knowledge would indicate that the type of pipe is C900 PVC. It is reasonably assumed that the waterline leaves the main and ' following a valve elbows down so as to follow the approximate slope of the existing • grade, as it reaches the street is presumed that a second elbow flattens the grade of the ' pipe as it goes under the street. This item shall coverall work necessary to relocate the pipe from the valve up to and including the second elbow, including all elbows, fittings, pipe, and thrust blocking. SP-16 FIRE HYDRENT RELOCATION The contactor shall relocate the existing fire hydrant as shown on the plans. The ' materials needed for this relocation will be supplied by Cole County Public Water District SP-17 HIGH EARLY STRENGTH PCC PAVEMENT The contractor shall make use of high early strength concrete to repair the roadways ' removed for the placement of the cross road stormwater pipes if needed to facilitate construction and to maintain traffic. ' SP-18 COLUMNS AT 1309 FAIRGROUNDS ROAD The contractor shall remove the existing columns at 1309 Fairgrounds Road after having salvaging the light fixtures and gates, which are to be reinstalled on the new columns. ' The proposed columns are to be constructed of Versa-Lok standard blocks, with the weathered option and sandstone in-color, according to the details shown on the plan and are to extend six feet above the grade of the driveway at points adjacent to the columns. ' • Following the construction of the columns the gates are to be installed by means of hinges fashioned from 1/2 inch bar similar to the hinges on the existing columns. The gates are to be mounted at a height such that when the gate is closed it will clear the ' driveway by four to six inches and is at the same height as the opposing gate. The lights from the existing columns, or lights provided by the landowner, are to be mounted and wired so as to function as they had on the existing columns. ' SP-19 DETECTABLE WARNING PANELS The proposed panels shall be MASCO CASTinTACT warning panels as manufactured ' by Masons Supply Company, (503-234-4321), or approved equal. The Contractor shall follow the manufactures recommendations for the installation of the ' panels. The panels shall match the slope of the ramp and shall be placed such that no vertical displacement occurs between the panel and the surrounding concrete. ' The panels are to be Salem Red in color, and may be any may be made up of 2'x2', or 2'x2.5' panels. ' SP-20 TRAFIC ISLAND The contractor shall remove the existing traffic island and as much additional pavement as required to construct the proposed island. The curbed portion of the island shall be ' constructed as type "A" curb and gutter. The interior of the island will be paid as 6"thick • PCC drive. The area outside the gutter shall be constructed and paid as 7" PCC pavement. SP-21 POST AND CHAIN GATE • The post and chain gate shall consist of two four inch diameter steel tube posts eight feet ' in length set four feet deep in a minimum one foot diameter hole filled with concrete. The posts are to be installed ten feet either side on the centerline of the drive and six feet off the back of the trail. The interior of each post is to be filled with concrete with the top domed above the top of the steel pipe. Each pipe is to have a 5/16" bar formed into half loop and welded to the pipe in such manner as to allow for the connection of a chain with , 5/16" links. The loop is to be mounted within 2' of the top on the pipe. The pipes are to be primed and then painted safety yellow in color. A chain with 5/16" links is to connect the two posts via links with a screw type closure. At the center point the chain should be no less than 30"above finished grade. SP-22 HYDROSEEDING All disturbed areas of the project not paved or scheduled to be covered with straw blanket shall be seeded using the hydro seeding method. The seed mixture shall be 80% Millenium Fescue, 10% Pizzazz Rye, and 10% Brooklawn Bluegrass. The seeding rate shall be 350 ' pounds to the acre. The hydro seeding mixture shall contain Second Nature Paper Fiber Mulch at a rate of 2000 pounds per acre. Additionally the mixture shall contain Finn- Hydromax Additive at a rate of 5 gallons per acre, Finn-HPN Soluble Fertilizer(10-44-6)at a , rate of 7.5 pounds per acre, and EarthGuard Fiber Matrix Erosion Control System at a rate of 4 gallons per acre. Like materials from other manufactures may be accepted upon review by the project engineer. The contractor shall use all necessary means to ensure that the hydroseeding mixture is not • , applied to the trail or other existing improvements,and shall clean any such surface to which the mixture is inadvertently applied. ' SP-23 TOPSOIL IN AREAS TO BE SEEDED The top six(6) inches of all areas of the project to be seeded shall be free of rocks, ' stones and clods prior to seeding. This may require the contractor to utilize a mechanical rock rake, hand picking of stones, and/or placement of six(6) inches of clean topsoil in ' those areas to be seeded. No direct payment will be made for this requirement. SP-24 ALTERNATE A—Trail from Sta. 33+22 to 45+57 , This alternate will be considered based on the cost of the bids received. This portion of the project would be undertaken as strictly a City project. SP-25 INSPECTION BY MoDOT AND FWHA The Contractor shall grant representatives from MoDOT and the FHWA access to all ' parts of the project to make inspections at any time during the life of the project. SP-26 PERCENTAGE OF WORK BY PRIME CONTRACTOR ' The Contractor to whom the contract is awarded must perform with his own organization, . contract work amounting to not less that 30% of the total original contract price. ' ' SP-27 SECOND TEIR SUBCONTRACTING • Second tier subcontracting will not be permitted on the project. It is the responsibility of ' the Contractor to ensure that subcontractors do not subcontract any portion of the work. ' SP-28 SECTION 102.2 OF THE MSSHC Section 102.2 of the Missouri Standard Specifications for Highway Construction, 2004 Edition will be waived for this project. ' SP-29 MEASUREMENT AND PAYMENT ' Item No. 1 - Mobilization This item shall consist of all the preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, ' supplies, and incidentals to the project site, and for all other work and operations that must be performed or cost incurred prior to the beginning of work. The work provided herein will not be measured for payment, but will be considered a lump sum unit and will be paid at the lump sum bid price. Item No. 2 - Construction Signage and Traffic Control This item shall include all labor, material, equipment, and services necessary to provide the signage shown on the traffic control plan, and all barrels, cones, flaggers, and other apparatus needed to meet the requirements of the_MUTCD. The work provided herein will not be measured for payment, but will be • considered a lump sum unit and will be paid at the lump sum bid price. Item No. 3 -Silt Fence ' This item shall include all labor, material, equipment, and services necessary to install, maintain, and remove the silt fence as shown on the plan and detailed in the City of Jefferson standard drawings. The work provided herein will be 1 measured by the linear foot along the fence. Payment will be made by the linear foot at the unit price. Item No. 4 - Removals ' This item shall include all labor, material, equipment, and services necessary to remove the improvements on the site as required by the plans. The requirements for these removals are contained in the City of Jefferson Technical Street ' Specifications TS-1.2 to TS-1.2.4. The work provided herein will not be measured for payment, but will be considered a lump sum unit and will be paid at the lump sum bid price. ' Item No. 5 - Grading This item shall include all labor, material, equipment, and services necessary to grade the site to the elevations shown on the plans. This work consists of but is ' not limited to: excavating, hauling, placement, compaction, subgrade preparation, and finish grading. It shall also include the necessary placement and grading of topsoil materials in areas that are to be vegetated. The work provided herein will ' not be measured for payment, but will be considered a lump sum unit and will be • paid at the lump sum bid price. This item does not include the removal of rock, which is covered under item 6. Item No. 6 - Rock Excavation • This item shall include all labor, material, equipment, and services necessary for the mechanical removal of rock. Rock is defined as being sandstone, limestone, ' chert, granite, sillstone, quartzite, slate, shale, occurring in its natural undisturbed state, hard and unweathered or similar material in masses more than 1 1/z yard in ' volume, in ledges six(6) inches or more in thickness. The work provided herein will be measured by the cubic yard, and will be paid in a like fashion at the unit price. Item No. 7 - Sub Grade Stabilization , This item shall include all labor, material, equipment, and services necessary to identify and stabilize unsuitable soil encountered within the project limits. Where , unsuitable material in found, the contractor, under the direction of the engineer shall furnish and place stone (the size of which will be determined by the engineer based on the conditions) as required to provide a stable sub-grade. Where ' possible, a portion of the stone shall be mixed with existing soil to create a stable subgrade. This item shall also include the removal of the unsuitable material and its disposal off-site. The work provided herein will be measured by the ton of , stone provided based on tickets submitted at the time the work is undertaken, with payment being made by the ton at the bid price. Item No. 8 - Solid Modular Block Wall ' This item shall include all labor, material, equipment, and services necessary for the final design, and construction of the block walls, and includes all excavation necessary to install the wall, all fill behind the wall, construction and compaction • of the base material, geogrid, blocks, pins and any other material required for its construction, except for the cap blocks. The work provided herein will be measured by the square foot of the wall face in a vertical plane. Payment will be ' made by the square foot of wall face in a vertical plane at the bid price. Item No. 9 - Solid Block Wall Cap ' This item shall include all labor, material, equipment, and services necessary for the placement of the modular cap units. This item shall also include the adhesive. The work provided herein will be measured by the linear foot of wall with payment , being made by the linear foot of wall at the at bid price. Item No. 10 - Type A Curb and Gutter This item shall include all labor, material, equipment, and services necessary for the construction of standard Type "A" Curb and Gutter in accordance with the City of Jefferson Standard Drawings and specifications. The work provided herein will be measured by the linear foot at the flow line of the gutter. Payment will be made ' by the linear foot at the bid price. Item No. 11 —4' x 3' Type A Inlet , This item shall include all labor, material, equipment, and services necessary for the construction of a 4' x 3' Type "A" Inlet in accordance with the City of Jefferson Standard Drawings. The work provided herein will be measured per each inlet , constructed, and will be paid in a like fashion at the unit price. Item No. 12-6' x 3' Type A Inlet • This item shall include all labor, material, equipment, and services necessary for ' the construction of a 6' x 3' Type "A" Inlet in accordance with the City of Jefferson Standard Drawings. The work provided herein will be measured per each inlet constructed, and will be paid in a like fashion at the unit price. ' Item No. 13 3' x 3' Junction Box This item shall include all labor, material; equipment, and services necessary for the construction of a 3' x 3'junction box in accordance with the City of Jefferson Standard Drawings. The work provided herein will be measured per each ---- .- . -- junction-box-constructed--and-will-be-paid-in-a-like fashion-at-the unit-price. ' Item No. 14—Modify Inlet"I" This item shall include all labor, material, equipment, and services necessary for the modifications of inlet"I" including the removal and reconstruction of the invert ' the installation of the proposed pipe, the removal of the lid, the extension of the wells, and the construction of a new throat and lid. The work provided herein will not be measured for payment, but will be considered a lump sum unit and will be paid at the lump sum bid price. Item No. 15 - 15" Dia. HDPE Pipe P This item shall include all labor, material, equipment, and services necessary for ' the installation of 15" Dia. HDPE pipe as shown on the Plans, and as specified in the City of Jefferson Standard Specifications and Standard Details. This shall include but is not limited to, trenching, bedding, haunching, backfilling, and • surface repair. This item does not include any rock excavation, as it will be paid under a separate item. The work provided herein will be measured by the linear foot of installed pipe, and will be paid in a like fashion at the unit price. Item No. 16 - 15" Round Equivalent CS Arch Pipe This item shall include all labor, material, equipment, and services necessary for the installation of 15" round equivalent corrugated steel arch pipe as shown on the Plans, and as specified in the City of Jefferson Standard Specifications and Standard Details. This shall include but is not limited to, trenching, bedding, haunching, backfilling, and surface repair. This item does not include any rock ' excavation, as it will be paid under a separate item. The work provided herein will be measured by the linear foot of installed pipe, and will be paid in a like fashion at the unit price. ' Item No. 17 - 15" Dia. RCP Class III This item shall include all labor, material, equipment, and services necessary for ' the installation of 15" Dia. RCP as shown on the Plans, and as specified in the City of Jefferson Standard Specifications and Standard Details. This shall include but is not limited to, trenching, bedding, haunching, backfilling, and surface repair. This item does not include any rock excavation, as it will be paid under a separate ' item. The work provided herein will be measured by the linear foot of installed pipe, and will be paid in a like fashion at the unit price. ' Item No. 18 -24" Dia. RCP Class III • This item shall include all labor, material, equipment, and services necessary for the installation of 24" Dia. RCP as shown on the Plans, and as specified in the City of Jefferson Standard Specifications and Standard Details. This shall include but is not limited to, trenching, bedding, haunching, backfilling, and surface repair. • This item does not include any rock excavation, as it will be paid under a separate , item. The work provided herein will be measured by the linear foot of installed pipe, and will be paid in a like fashion at the unit price. Item No. 19—Steel End Section for 15" CSP , This item shall include all labor, material, equipment, and services necessary for the installation of a steel end section as shown on the Plans. The work provided herein will be measured per each end section installed, and will be paid in a like ' fashion at the unit price. Item No. 20 — Concrete End Section for 15" RCP ' This item shall include all labor, material, equipment, and services necessary for the installation of a steel end section as shown on the Plans. The work provided herein will be measured per each end section installed, and will be paid in a like ' fashion at the unit price. Item No. 21 — Cast in Place End Section for 24" Pipe ' This item shall include all labor, material, equipment, and services necessary for the construction of a concrete end section as shown in the plans and detailed in the City of Jefferson Standard Details. The work provided herein will be measured by each end section constructed and will be paid in a like fashion at , the unit price. Item No. 22— Permanent Turf Reinforcement • This item shall include all labor, material, equipment, and services necessary for the installation of permanent turf reinforcement. This blanket shall be North American Green SC250 or approved equal. It shall be installed according to the ' manufactures specifications using the white dot stapling pattern (3.4 staples per square yard). This item shall also include all fertilizing and seeding required in the areas it covers. The seed shall be the same as used in the hydroseeding ' mixture. The work provided herein will be measured by the square yard, and will be paid in a like fashion at the unit price. Item No. 23- 1' Thick Rock Blanket , This item shall include all labor, material, equipment, and services necessary for the installation of a rip rap blanket in the location shown on the plan. The work provided herein will be measured by the cubic yard, and will be paid in a like ' fashion at the unit price. Item No. 24 - 3" Rolled Stone Base (Roadways) ' This item shall include all labor, material, equipment, and services necessary for the placement and compaction of a 3" lift of stone base as shown in the standard cross sections. The work provided herein will be measured by the square yard, , and will be paid in a like fashion at the unit price. Item No. 25 —Temporary Surfacing This item shall include all labor, material, equipment, and services necessary for , the placement and maintenance of stone for the purpose of maintaining vehicular • access to the adjoining properties. The work provided herein will be measured by ' the ton of material provided, and will be paid in a like fashion at the unit price. Item No. 26 -6" Thick PCC Residential Drive Approach This item shall include all labor, material, equipment, and services necessary for the construction of residential drive approaches as shown on the Plans and ' detailed in the City of Jefferson Standard Details and specifications. The work provided herein will be measured by the square yard, and will be paid in a like fashion at the unit price. Item No. 27 - 8" Thick PCC Commercial Drive Approach This item shall include all labor, material;equipment,and services necessary for the construction of commercial drive approaches as shown on the Plans and ' detailed in the City of Jefferson Standard Details and specifications. The work provided herein will be measured by the square yard, and will be paid in a like fashion at the unit price. ' Item No. 28 -6" Thick PCC Residential Drive /Commercial Drive This item shall include all labor, material, equipment, and services necessary for the construction of 6" thick PCC driveways as shown on the Plans and detailed in the City of Jefferson Standard Details and specifications. The work provided herein will be measured by the square_.yard„and will be paid in a like fashion at the unit price. Item No. 29 - 7” Thick PCC Pavement(Street Widening) This item shall include all labor, material, equipment, and services necessary for ' the construction of 7" thick PCC pavement for the widening of Fairgrounds Road as on the Plans. The work provided herein will be measured by the square yard, and will be paid in a like fashion at the unit price. rItem No. 30 - 7" Thick High Early Strength PCC Pavement This item shall include all labor, material, equipment, and services necessary for ' the construction of 7"thick PCC pavement for the repair of the street over the stormwater trenches as on the Plans and specified in these specifications. The work provided herein will be measured by the square yard, and will be paid in a like fashion at the unit price. Item No. 31 — Cold Milling (Asphalt) This item shall include all labor, material, equipment, and services necessary for the milling of Fairgrounds Road to allow for the placement of a minimum 1%2 inch AC surface at the grade and cross slope shown on the Plans The work provided herein will be measured by the square yard, and will be paid in a like fashion at the unit price. Item No. 32 -AC Base This item shall include all labor, material, equipment, and services.necessary for the placement of the asphalt base. The pavement shall be placed as shown on the plans and shall conform to City of Jefferson Technical Specifications. The AC base shall be placed in lifts of no greater than 4". The work provided herein will ' be measured by the ton; and will be paid in a like fashion at the unit price. Item No. 33 -AC Surface BP-1 ' This item shall include all labor, material, equipment, and services necessary for the placement of the asphalt surface. The pavement shall be placed as shown on the plans ranging in thickness from 1'/2' to 2"and shall conform to City of Jefferson Technical Specifications. The work provided herein will be measured by the ton, and will be paid in a like fashion at the unit price. , Item No. 34 - 4" Rolled Stone Base (Trail) This item shall include all labor, material, equipment, and services necessary for the construction of a 4" thick rolled stone base for the proposed trail. The base material is to meet the specification of a MODOT Type 1 Aggregate. The work herein shall include the placement of the base to grade and its compaction to 95% of the material's maximum density. The work provided herein will be ' measured by the square yard, with payment by the square yard at the bid price. Item No. 35 - 6" Thick PCC Trail This item shall include all labor, material, equipment, and services necessary for P rY the construction of a 6"thick portland cement concrete trail as shown on the plans. The work shall include, the sawing and placement of all joints, and all ' required expansion as specified in the City of Jefferson Standard Drawings or shown on the plans. The work provided herein will be measured by the square yard of constructed trail, with payment by the square yard at the bid price. Item No. 36 - 4" Thick PCC Sidewalk ' This item shall include all labor, material, equipment, and services necessary for the construction of 4" thick portland cement concrete sidewalks as shown on the plans. The work shall include all sub-grade preparation and compaction, the sawing and placement of all joints, and all required expansion as specified in the City of Jefferson Standard Drawings Revised Edition 1/2006 or shown on the plans. The work provided herein will be measured by the square yard of constructed sidewalk, with payment by the square yard at the bid price. Item No. 37 - 6" Thick PCC Trail/Sidewalk Ramps , This item shall include all labor, material, equipment, and services necessary for the construction of 6" thick portland cement concrete sidewalk ramps as shown in the City of Jefferson Standard Details Revised Edition 1/2006 and on these plans. ' The work shall include all sub-grade preparation and compaction, the-sawing and placement of all joints and placement of expansion as specified or shown on the plans. The work provided herein will be measured by the square yard, with , payment by the square yard at the bid price. Item No. 38 - Detectable Warning Panels ' This item shall include all labor, material, equipment, and services necessary for the construction of the detectable warning panels as shown on the plans and as specified in these provisions. The work provided herein will be measured by the , square foot, and will be paid in a like fashion at the unit price. Item No. 39— Relocate Fire Hydrant This item shall include all labor, equipment, and services necessary for the , relocation of the fire hydrant as shown on the plans and as specified in these • provisions. The work provided herein will be measured per each hydrant ' relocated and will be paid in a like fashion at the unit price. • Item No. 40—6" Dia. Water Line Relocation ' This item shall include all labor, equipment, and services necessary for the relocation of the waterline noted on the plans and as described in these provisions. The work provided herein will not be measured for payment but will be ' considered a lump sum item to be paid at the bid price. Item No. 41 —Block Column This item shall include all labor, equipment, and services necessary for the ..construction-of.vera lok columns detailed on the plans and described in these provisions. The work provided herein will be measured per each column ' constructed and will be paid in a like fashion at the bid price. Item No. 42— Post and Chain Gate This item shall include all labor, equipment, and services necessary for the fabrication installation of the post and chain gates as shown on the plans and described in these specifications. The work provided herein will be measured per each post and gat system installed and will be paid in a like fashion at the bid ' price. Item No. 43 -Adjust Utility Valves / Meters This item shall include all labor, material, equipment, and services necessary for the adjustment of the existing utility valves/meters. The adjustment shall meet and follow the standards set forth by the respective utilities and brought to the ' • proposed grade. The work provided herein will be measured per each structure adjusted, and will be paid in a like fashion at the bid price. Item No. 44 -Adjust Pull Boxes ' This item shall include all labor, material, equipment, and services necessary for the adjustment of the electrical and signal pull boxes. The final adjustment of the ' pull boxes shall meet the proposed grade of the trail and sidewalk. The work provided herein will be measured per each structure adjusted, and will be paid in a like fashion at the bid price. Item No. 45—Straw Bale Ditch Checks This item shall include all labor, material, equipment, and services necessary for the placement and maintenance of straw bale ditch checks. The bales are to be ' installed as per MoDOT standards with each ditch check consisting of three bales. The work provided herein will be measured per each ditch check installed and will be paid in a like fashion at the unit price. ' Item No. 46 —Temporary Mulch This item shall include all labor, material, equipment, and services necessary for ' the application of temporary mulch as described in these provisions and for its . removal if necessary prior to the application of the grass seed. The work provided herein will be measured by the square yard, and will be paid in a like fashion at the unit price. Item No. 47—Single Net Straw Blanket • This item shall include all labor, material, equipment, and services necessary for the installation of a single net straw blanket. This blanket shall be North American Green DS75 or approved equal. It shall be installed according to the . manufacturer's specifications using the blue dot stapling pattern (0.7 staples per , square yard) in locations shown on the plans and as directed by the engineer. The work provided herein will be measured by the square yard, and will be paid in a like fashion at the unit price. , Item No. 48 - Hydroseeding This item shall include all labor, material, equipment, and services necessary for the hydro seeding of the areas to be vegetated as described in these specifications. The work provided herein will be measured by the acre, and will be paid in a like fashion at the unit price. ALTERNATE A Item No. 50 - Construction Signage and Traffic Control , This item shall include all labor, material, equipment, and services necessary to provide the signage shown on the traffic control plan, and all barrels, cones, flaggers, and other apparatus needed to meet the requirements of the MUTCD. ' The work provided herein will not be measured for payment, but will be considered a lump sum unit and will be paid at the lump sum bid price. Item No. 51 - Removals ' This item shall include all labor, material, equipment, and services necessary to remove the improvements on the site as required by the plans. The requirements for these removals are contained in the City of Jefferson Technical Street • , Specifications TS-1.2 to TS-1.2.4. The work provided herein will not be measured for payment, but will be considered a lump sum unit and will be paid at the lump sum bid price. ' Item No. 52 - Grading This item shall include all labor, material, equipment, and services necessary to , grade the site to the elevations shown on the plans. This work consists of but is not limited to: excavating, hauling, placement, compaction, subgrade preparation, and finish grading. It shall also include the necessary placement and grading of topsoil materials in areas that are to be vegetated. The work provided herein will ' not be measured for payment, but will be considered a lump sum unit and will be paid at the lump sum bid price. This item does not include the removal of rock, which is covered under item 6. , Item No. 53 - Sub Grade Stabilization This item shall include all labor, material, equipment, and services necessary to , identify and stabilize unsuitable soil encountered within the project limits. Where unsuitable material in found, the contractor, under the direction of the engineer shall furnish and place stone (the size of which will be determined by the engineer ' based on the conditions) as required to provide a stable sub-grade. Where possible, a portion of the stone shall be mixed with existing soil to create a stable subgrade. This item shall also include the removal of the unsuitable material and its disposal off-site. The work provided herein will be measured by the ton of ' stone provided based on tickets submitted at the time the work is undertaken, • with payment being made by the ton at the bid price. • Item No. 54 -Type A Curb and Gutter ' This item shall include all labor, material, equipment, and services necessary for the construction of standard Type "A" Curb and.Gutter in accordance with the City of Jefferson Standard Drawings and specifications. The work provided herein will ' be measured by the linear foot at the flow line of the gutter. Payment will be made by the linear foot at the bid price. Item No. 55 — In Line Drain ' This item shall include all labor, material, equipment, and services necessary for the.installation of a in line drain as shown.and specified.in-the.Plans.-It item shall include the specified grate. The work provided herein will be measured by each ' drain installed and will be paid in a like fashion at the unit price. Item No. 56 —Cast in Place End Section for 15" Pipe This item shall include all labor, material, equipment, and services necessary for the construction of a concrete end section as shown in the plans and detailed in the City of Jefferson Standard Details. The work provided herein will be measured by each end section constructed and will be paid in a like fashion at ' the unit price. Item No. 57— Modify Inlet"K" ' This item shall include all labor, material, equipment, and services necessary for the modifications of inlet"K" including the removal and reconstruction of the invert, the installation of the proposed pipe, the removal of the existing pipe, and • the repair of the subsequent hole. The work provided herein will not be measured for payment, but will be considered a lump sum unit and will be paid at the lump sum bid price. ' Item No. 58— Modify Inlet"U This item shall include all labor, material, equipment, and services necessary for ' the modifications of inlet"L" including the installation of the proposed pipe. The work provided herein will not be measured for payment, but will be considered a lump sum unit and will be paid at the lump sum bid price. Item No. 59 - 15" Dia. HDPE Pipe This item shall include all labor, material, equipment, and services necessary for the installation of.15" Dia. HDPE pipe as shown on the Plans, and as specified in the City of Jefferson Standard Specifications and Standard Details. This shall include but is not limited to, trenching, bedding, haunching, backfilling, and surface repair. This item does not include any rock excavation, as it will be paid ' under a separate item. The work provided herein will be measured by the linear foot of installed pipe, and will be paid in a like fashion at the unit price. Item No. 60 -4" Rolled Stone Base (Trail) This item shall include all labor, material, equipment, and services necessary for the construction of a 4" thick rolled stone base for the proposed trail. The base material is to meet the specification of a MODOT Type 1 Aggregate. The work ' herein shall include the placement of the base to grade and its compaction to 95% of the material's maximum density. The work provided herein will be measured by the square yard, with payment by the square yard at the bid price. 1 Item No. 61 -6" PCC Trail • This item shall include all labor, material, equipment, and services necessary for , the construction of a 6" thick portland cement concrete trail as shown on the plans. The work shall include, the sawing and placement of all joints, and all required expansion as specified in the City of Jefferson Standard Drawings or shown on the plans. The work provided herein will be measured by the square yard of constructed trail, with payment by the square yard at the bid price. Item No. 62 - 6" Thick PCC Trail/Sidewalk Ramps t This item shall include all labor, material, equipment, and services necessary for the construction of 6" thick portland cement concrete sidewalk ramps as shown in the City of Jefferson Standard Details Revised Edition 1/2006 and on these plans. ' The work shall include all sub-grade preparation and compaction, the sawing and placement of all joints and placement of expansion as specified or shown on the plans. The work provided herein will be measured by the square yard, with ' payment by the square yard at the bid price. Item No. 63 - Detectable Warning Panels , This item shall include all labor, material, equipment, and services necessary for the construction of the detectable warning panels as shown on the plans and as specified in these provisions. The work provided herein will be measured by the square foot, and will be paid in a like fashion at the unit price. ' Item No. 64- Adjust Pull Boxes This item shall include all labor, material, equipment, and services necessary for • , the adjustment of the electrical and signal pull boxes. The final adjustment of the pull boxes shall meet the proposed grade of the trail and sidewalk. The work provided herein will be measured per each structure adjusted, and will be paid in , a like fashion at the bid price. Item No. 65 —Temporary Mulch , This item shall include all labor, material, equipment, and services necessary for the application of temporary mulch as described in these provisions and for its removal if necessary prior to the application of the grass seed. The work provided herein will be measured by the square yard, and will be paid in a like fashion at , the unit price. Item No. 66 - Hydroseeding ' This item shall include all labor, material, equipment, and services necessary for the hydro seeding of the areas to be vegetated as described in these specifications. The work provided herein will be measured by the acre, and will be , paid in a like fashion at the unit price. END OF SPECIAL PROVISIONS ' • i 1 • REQUIRED CLEARANCES FOR BORROW AREAS t The necessary clearances for contractor furnished borrow areas shall be obtained prior to using the borrow area for the project. The Contractor is encouraged to consider using material from ' previously disturbed locations(substantial disturbance)or borrow areas that have previously been cleared,precluding the need to address most; if not all,of the issues described below. The contractor should include the Federal Project Number on all correspondence. The following addresses the primary environmental issues related to clearance of borrow areas: .1. ENDANGERED SPECIES ACT Missouri Department of Conservation(MDC). . Planning Division ' P.O. Box 180 Jefferson City, MO 65102-0180 Telephone Number(573) 751-4115 or FAX(573) 75.1-4495 ' Request a search of the..Reritage Database to determine if there.are any know endangered or sensitive species or communities at the proposed site..All queries must be ' accompanied by a good quality map illustrating the location of the proposed site. Should MDC have no records for the proposed site and it-is unlikely that sensitive species ' or important habitat will be damaged by this borrow activity,the contractor may proceed. • Further coordination with MDC shall be required if the presence of or the likelihood of Federally threatened or endangered species or critical habitat is indicated. Should MDC indicate that only state-listed rare or endangered species will be impacted,the contractor ' should"work to reduce the potential impact to those species. However, state listed species are not protected by state regulations that require measures of protection. ' Any impact to habitats with known occurrences of species federally listed as threatened or endangered by the U.S. Fish and Wildlife Service(FWS) is not allowed by the Endangered Species Act without coordination with.FWS. Columbia Field Office U.S.Fish and Wildlife Service(FWS) ' 608 East Cherry Street Columbia,MO. 65201 Telephone Number(573) 876-1911 or FAX(573) 876-1914 Should concerns be expressed regarding any species in this area, it may be advisable to locate another borrow area. • ' FIG.X-2- 1 1 1 2. FARMLAND PROTECTION POLICY ACT , Compliance with the Farmland Protection Policy Act, which has the purpose of minimizing Federal programs'contribution to the unnecessary and irreversible conversion ' of farmland caused by non-agricultural uses, is required. An aerial map showing the borrow site and Form AD-1006 need to be submitted to the ' Natural Resources Conservation Service(MRCS) serving the area. Form AD-1006 may be obtained from the NRCS office. Parts I and III of Form AD-1006 should be completed by the contractor. The form should be sent to the NRCS for completion of ' Parts II, IV, and V. The NRCS office should be instructed to return the form to: Missouri Department of Transportation Environmental Section ' Plan Scoping P.O: Box 270 Jefferson City,MO 65102 ' Parts VI and VII will be completed by MoDOT and the completed form will be returned to the contractor for documentation of compliance. A copy of the form will be retained ' by MoDOT. 3. WETLANDS • , A Federal Executive Order has decreed a national policy of"no net loss of wetlands". Under this policy,any impact to wetlands must be avoided if at all practical. When a ' borrow area has an impact on wetlands,the impact must be mitigated by construction or enhancement of a like quantity and quality of new wetlands. Avoiding an impact to wetlands is a primary goal. , To determine if a site occurs in a wetland,the United States Department of Agriculture should be contacted. The NRCS has identified and mapped wetlands as a requirement under the Food Security Act. These maps are available at the local NRCS office. Should ' wetlands be identified on the Food Security Act Maps,a site visit may be needed to confirm the location of the wetlands. if there is no impact to wetlands,no further action need be taken. ' If there are questions regarding the extent of wetlands that cannot be avoided,the U.S. Army Corps of Engineers(COE)should be contacted. A COE 404 Permit must be , processed through the Corps office that has jurisdiction over the project area. 1 - i FIG.X-2-2 ' 1 • 4 ' HAZARDOUS WASTE SITES Proposed borrow sites will probably be located in rural areas which have been used for agricultural or similar purposed: Hazardous wastes are most typically associated with commercial or industrial properties, past or present. Hazardous wastes are unlikely if the proposed borrow area is basically farmland or pasture and has not been used for any commercial activity or dumping. The contractor should document the historic land use of the parcel and explain how this assessment was ' obtained. The contractor should provide the.following documentation to Missouri Department of Transportation: who was contacted and the results of the contact. If potential problems are identified during the search for information,it would be wise to locate another borrow area. 5., CULTURAL RESOURCES All projects requiring environmental clearance for cultural resources(archaeological sites and structures)must be reviewed and approved.by the Missouri.Department of Natural Resources' (DNR) Historic Preservation Program (HPP). To initiate the HPP review and clearance of a borrow site for Cultural Resources, a"Section 106 Project Information Form"must be completed and submitted to the HPP along with the necessary documents. Copies of the "Section 106 Project Information Form" may be obtained from MoDOT _ ' • District Offices or the following: Historic Preservation Program Department of Natural Resources Attention:. Review&Compliance P:O. Box 176 Jefferson City, MO 65102 ' Telephone Number(573) 751-7858 Based on the information submitted, HPP may clear the project or request that the contractor acquire the services of an archaeological consultant to conduct a cultural resource survey of the proposed borrow site: After the contractor has obtained all of the above data and clearances, it should be submitted to MoDOT district representative for the project. The transmittal letter must include the County, Route and Job Number of the project for which borrow will be used. A map indicating the ' location and limits of the borrow area must be included: No direct payment will be made for obtaining the required clearances for borrow areas. An adjustment in contract time will be considered for any delay caused by receiving the required clearances. • ' FIG.X-2-3 LLIJI,IIVllIl, VW611' 'rvialU11 IV, 1 7y1+ - l.,utll.ldl:L AU1111111SLra• n - k-onsirucnon...rage i of 10 Search Feedback' ;J11 wto * ', P.3 • FNWA>cnuineaninc{>Construction>C;nretracl Administration}FNUVA-1273 Electronic vcrnion March 10 1996 ' FHWA-1273 Electronic version—March 10,1994 Contact ' Required Contract Provisions Federal-Aid Construction Jerry Yakowenko Office of Program Contracts Administration ' 202-366-1562 E-mail I. General .II. Nondiscrimination III. Nonsegregated_Facilities -IV. Payment of Predetermined_Minim M Wage V. Sta.temcnts and_Payrolls. VI. Record.of Mate_.nuls_Supplies,_and Lat?9! VII. Sublettiny_pr Assigning,the Contract ' VIII. Safety_Accident Prevention IX. False Statements Concerning.Highway Projects X. Implementation of Clean Air Act and Federal Water Pollution Control Act XL Certification RepardingDebarment Suspension inelrgibifit__ nd Vofuntar Exclusion XII. Certification Regardina_Use of Contract Funds for Lobbying ' Attachments A. Employment Preference for Appalachian Contracts(included in Appalachian contracts only • I. GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers 1 under the contractor's immediate superintendence and to all work performed on the contract by piecework,station work,or by subcontract. 2. Except as otherwise provided for in each section,the contractor shall insert in each subcontract all of the stipulations contained in these Required ' Contract Provisions,and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made.The Required Contract Provisions shall not be incorporated by reference in any case.The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. ' 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I,paragraph 2; Section IV,paragraphs 1,2,3,4,and 7; Section V,paragraphs 1 and 2a through 2g. ' 5. Disputes arising out of the labor standards provisions of Section IV(except paragraph 5)and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract.Such disputes shall be resolved in accordance with the procedures of the U.S.Department of Labor(DOL)as set forth in 29 CFR 5,6,and 7.Disputes within the ' meaning of this clause include disputes between the contractor(or any of its subcontractors)and the contracting agency,the DOL,or the contractor's employees or their representatives. 6. Selection of Labor: During the performance of this contract,the contractor shall not: a. discriminate against labor from any other State,possession,or territory • of the United States(except for employment preference for Appalachian contracts,when applicable,as specified in Attachment A),or ' b. employ convict labor for any purpose within the limits of the project http://www.fhwa.dot.gov/programadmin/contracts/1273.cfm 12/26/2006 ..._o,• IVIL"I .0 iv, i»-r - %_vtlu at,t t-WillulliLla' '1 - L.U11JL1U1LA10I1... Yilge G oI 1J unless it is labor performed by convicts who are on parole,supervised release,or probation. II. NONDISCRIMINATION ' (Applicable to all Federal-aid construction contracts and to all related • subcontracts of$10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportunity(EEO) , requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws,executive orders,rules, regulations(28 CFR 35,29 CFR 1630 and 41 CFR 60)and orders of the , Secretary of Labor as modified by the provisions prescribed herein,and imposed pursuant to 23 U.S.C.140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract.The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities , Act of 1990(42 U.S.C.12101 et seq.)set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract.In the execution of this contract,the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency(SHA)and the Federal Government in carrying out EEO obligations and in their review of his/her activities under the contract. b. The contractor will accept as his operating policy the following statement: , "it is the policy of this Company to assure that applicants are employed,and that employees are treated during j employment,without regard to their race,religion,sex, color,national origin,age or disability.Such action shall i 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." , 2. EEO Officer:The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority • and responsibility to do so. 3. Dissemination of Policy:All members of the contractor's staff who are authorized to hire,supervise,promote,and discharge employees,or who recommend such action,or who are substantially involved in such action,will , be made fully cognizant of,and will implement,the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment.To ensure that the above agreement will be met,the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months,at which time the contractor's EEO policy and its implementation will be reviewed and explained.The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer,covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be , placed in areas readily accessible to employees,applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings,employee handbooks,or other appropriate means. 4. Recruitment:When advertising for employees,the contractor will include in all advertisements for employees the notation:"An Equal Opportunity Employer."All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will,unless precluded by a valid bargaining agreement, • conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group http://www.fhwa.dot.gov/programadmin/contracts/1273.cfm 12/26/2006 %,A)I t1Ul:L1UR_ rdge J 01 1J ' applicants.To meet this requirement,the contractor will identify sources of potential minority group employees,and establish with such identified sources procedures whereby minority group applicants may be referred ' to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing • for exclusive hiring hall referrals,he is expected to observe the provisions of that agreement to the extent that the system permits the 1 contractor's compliance with EEO contract provisions.(The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women,or obligates the contractor to do the same,such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment.Information and procedures with regard to referring minority group applicants will be discussed with employees. ' 5. Personnel Actions:Wages,working conditions,and employee benefits shall be established and administered,and.personnel actions of every type; including hiring,upgrading,promotion,transfer,demotion,layoff,and termination,shall be taken without regard to race,color,religion,sex, ' national origin,age or disability.The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory,wage practices.' c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination.Where evidence is found,the contractor will promptly take corrective action.If the review indicates that the discrimination may extend beyond the actions reviewed,such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract,will attempt to resolve such complaints,and will take appropriate corrective action within a reasonable time.If the investigation indicates that the discrimination may affect persons other . than the complainant,such corrective action shall include such other persons.Upon completion of each investigation,the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: ' a. The contractor will assist in locating,qualifying,and increasing the skills of minority group and women employees,and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations,the contractor shall make full use of training programs,i.e.,apprenticeship,and on-the-job training programs for the geographical area of contract performance. Where feasible,25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training.In the ' event a special provision for training is provided under this contract,this subparagraph will be superseded as indicated in the special provision. C. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source ' of employees,the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for minority groups and women within the unions,and to effect referrals by such unions of minority and female employees.Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop,in cooperation with the unions,joint training programs aimed toward qualifying more minority group members and women for membership in the unions and ' increasing the skills of minority group employees and women so that they may qualify for higher paying employment. • ` b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race,color,religion, ' http://www.fhwa.dot.gov/programadmin/contracts/1273.cftn 12/26/2006 _ __ .. __ __. .- _-.�.... .... •.w.+.. a v� a i i� - �Vllll u%.1 1-1UL1t11110U0 1 - %-V113L1 UULIVII...1=dgu`t U1 1 J sex,national origin,age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is ' within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor,the contractor shall • so certify to the SHA and shall set forth what efforts have been made to obtain such information. ' d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement,the contractor will,through independent recruitment efforts.fill the employment vacancies without regard to race,color,religion,sex,national origin,age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women.(The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority ' employees.)In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246,as amended,and these special provisions,such contractor shall immediately notify the SHA. 8. Selection of Subcontractors,Procurement of Materials and Leasing of ' Equipment:The contractor shall not discriminate on the grounds of race, color,religion,sex,national origin,age or disability in the selection and retention of subcontractors,including procurement of materials and leases of equipment. , a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises(DBE),as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract.The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees.Contractors shall obtain lists of DBE construction firms from SHA personnel. ' c. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. 9. Records and Reports:The contractor shall keep such records as necessary to document compliance with the EEO requirements.Such • records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: , 1. The number of minority and non-minority group members and women employed in each work classification on the project; 2. The progress and efforts being made in cooperation with unions, when applicable,to increase employment opportunities for ' minorities and women; 3. The progress and efforts being made in locating,hiring,training, qualifying,and upgrading minority and female employees;and 4. The progress and efforts being made in securing the services of ' DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA each July for the duration of the project,indicating the number of minority,women, and non-minority group employees currently engaged in each work classification required by the contract work.This information is to be reported on Form FHWA-1391.If on-the-job training is being required by special provision,the contractor will be required to collect and report training data. , III. NONSEGREGATED FACILITIES (Applicable to all Federal-aid construction contracts and to all related subcontracts of$10,000 or more.) a. By submission of this bid,the execution of this contract or subcontract,or the consummation of this material supply agreement or purchase order,as appropriate,the bidder,Federal-aid construction contractor,subcontractor, material supplier,or vendor,as appropriate,certifies that the firm does not , maintain or provide for its employees any segregated facilities at any of its establishments,and that the firm does not permit its employees to perform • their services at any location,under its control,where segregated facilities are maintained.The firm agrees that a breach of this certification is a ' http://www.fhwa.dot.gov/programadmin/contracts/1273.cfin 12/26/2006 , _ _. ... ...,..,...�..,,.... vV♦JlV' 11t41VL v, ti7T �.viiva�.l AW111111311at - 1­VlnL1ULAWIL...t dgr, J Vl 1J ' violation of the EEO provisions of this contract.The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. ' b. As used in this certification,the term"segregated facilities"means any waiting 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 provided for employees which are segregated by explicit directivd,or are,in fact,segregated on the basis of race,color,religion,national origin,age or disability,because of habit,local custom,or otherwise.The only exception will be for the disabled when the demands for accessibility override(e.g.disabled parking). ' c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of$10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal-aid construction contracts exceeding$2,000 and to all related subcontracts,except for projects located on roadways classified as local ' roads or rural minor collectors,which are exempt.) 1. General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week 1 and without subsequent deduction or rebate on any account[except such payroll deductions as are permitted by regulations(29.CFR 3) issued by the Secretary of Labor under the Copeland Act(40 U:S.C. 276c)]the full amounts of wages and bona fide fringe benefits(or cash ' equivalents thereof)due at time of payment.The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor(hereinafter"the wage determination")which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics.The wage determination(including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster(WH-1321)or Form FHWA-1495)shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2)of the Davis-Bacon Act(40 U.S.C.276a) ' on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics,subject to the provisions of Section IV, paragraph 3b,hereof.Also,for the purpose of this Section,regular contributions made or costs incurred for more than a weekly period(but not less often than quarterly)under plans,funds,or programs,which cover the particular weekly period,are deemed to be constructively made or incurred during such weekly period.Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to skill,except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein,provided,that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. c. All rulings and interpretations of the Davis-Bacon Act and related acts contained in 29 CFR 1,3,and 5 are herein incorporated by reference in ' this contract. 2. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract,which is not listed-in the wage determination,shall be classified in conformance with the wage, determination. b. The contracting officer shall approve an additional classification,wage rate and fringe benefits only when the following criteria have been met: ' 1. the work to be performed by the additional classification requested is not performed by a classification in the wage determination; 2. the additional classification is utilized in the area by the • construction industry; 3. the proposed wage rate,including any bona fide fringe benefits, http://www.fhwa.dot.gov/programadmin/contracts/1273.cfm 12/26/2006 _,.__.__---- __.,. ..w�.. ..., , vv.aaauva a a�aaa aaaaauu..+ a vV11JL1 MVLlV 11...1 LL�V V V• 1✓ bears a reasonable relationship to the wage rates contained in the ' wage determination;and 4. with respect to helpers,when such a classification prevails in the ' area in which the work is performed. c. If the contractor or subcontractors,as appropriate,the laborers and mechanics(if known)to be employed in the additional classification or their representatives,and the contracting officer agree on the , classification and wage rate(including the amount designated for fringe benefits where appropriate),a report of the action taken shall be sent by the contracting officer to the DOL,Administrator of the Wage and Hour Division,Employment Standards Administration,Washington, D.C.20210.The Wage and Hour Administrator,or an authorized , representative,will approve,modify,or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. , d. In the event the contractor or subcontractors,as appropriate,the laborers or mechanics to be employed in the additional classification or their representatives,and the contracting officer do not agree on the proposed classification and wage rate(including the amount designated for fringe benefits,where appropriate),the contracting officer shall refer , the questions,including the views of all interested parties and the recommendation of the contracting officer,to the Wage and Hour Administrator for determination.Said Administrator,or an authorized representative,will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary e. The wage rate(including fringe benefits where appropriate)determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first ' day on which work is performed in the classification. 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the contract for a Gass ' of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate,the contractor or subcontractors,as appropriate,shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor,as appropriate,does not make payments to a trustee or other third person,he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program,provided,that the Secretary of Labor has found,upon ' the written request of the contractor,that the applicable standards of the Davis-Bacon Act have been met.The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 4. Apprentices and Trainees(Programs of the U.S.DOL)and Helpers: a. Apprentices: 1. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are ' employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL,Employment and Training Administration,Bureau of Apprenticeship and Training,or with a State apprenticeship agency recognized by the Bureau,or if a person is employed in his/her first 90 days of probationary ' employment as an apprentice in such an apprenticeship program, who is not individually registered in the program,but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency(where appropriate)to be eligible for , probationary employment as an apprentice. 2. The allowable ratio of apprentices to journeyman-level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program.Any employee listed on a payroll at an apprentice wage rate,who is not registered or otherwise employed as stated above,shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed.In addition,any ' apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work • actually performed.Where a contractor or subcontractor is performing construction on a project in a locality other than that in ' http://www.fbwa.dot.gov/programadmin/contracts/1273.cftn 12/26/2006 , _ __ .. __ __... ....... ......... •...,..,, ..v� ,i i-r - vvuu u�.�i'iuiii1111J11 C1.1 - t..V11J11 Ul.11V11...r agc; / U1 1 J 1 which its program is registered,the ratios and wage rates (expressed in percentages of-the journeyman-level hourly rate) specified in the contractor's or subcontractor's registered program ' shall be observed. 3. Every apprentice must be paid at not less than the rate specified in • the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman-level hourly rate ' specified in the applicable wage determination.Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program.If the apprenticeship program does not specify fringe benefits,apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable ' classification.If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification,fringes shall be paid in accordance with that determination. 4. In the event the Bureau of Apprenticeship and Training,or a State ' apprenticeship agency recognized by the Bureau,withdraws approval of an apprenticeship program,the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable ' work performed by regular employees until an acceptable program is approved. b. Trainees: 1. Except as provided in 29 CFR 5.16,trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval,evidenced by formal certification by the DOL,Employment and Training Administration. ' 2. The ratio of trainees to joumeyman-level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration.Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training ' Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.In addition,any trainee performing work on the job site in excess of the ratio permitted under the registered program shall ' be paid not less than the applicable wage rate on the wage • determination for the work actually performed. 3 Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress,expressed as a percentage of the journeyman-level hourly rate specified in the ' applicable wage determination.Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits,trainees shall be paid the full amount of fringe benefits listed on the wage 1 determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman-level wage rate on the wage determination which provides for less than full fringe benefits for apprentices,in which case such trainees shall receive ' the same fringe benefits as apprentices. 4. In the event the Employment and Training Administration withdraws approval of a training program,the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project if the helper ' classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2.Any worker listed on a payroll at a helper wage rate,who is not a helper under a approved definition,shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. 5. Apprentices and Trainees(Programs of the U.S.DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as ' http://www.thwa.dot.gov/programadmin/contracts/127 3.cfm 12/26/2006 . .11, " 1 , —viol u ,ivuuLilau u I - 1..011311 U1.11V11...1 agu O U1 1 J promoting EEO in connection with Federal-aid highway construction , p 9 9 Y programs are not subject to the requirements of paragraph 4 of this Section IV.The straight time hourly wage rates for apprentices and trainees under ' such programs will be established by the particular programs.The ratio of apprentices and trainees to journeymen shall not be greater than permitted • by the terms of the particular program. 6. Withholding: ' The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold,or cause to be withheld,from the contractor or subcontractor under this contract or any other Federal contract ' with the same prime contractor,or any other Federally-assisted contract subject to Davis-Bacon prevailing wage requirements which is held by the same prime contractor,as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics,including apprentices,trainees,and helpers,employed by the contractor or any , subcontractor the full amount of wages required by the contract.In the event of failure to pay any laborer or mechanic,including any apprentice,trainee, or helper,employed or working on the site of the work,all or part of the wages required by the contract,the SHA contracting officer may,after ' written notice to the contractor,take such action as may be necessary to cause the suspension of any further payment,advance,or guarantee of funds until such violations have ceased. 7. Overtime Requirements: ' No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers,mechanics, watchmen,or guards(including apprentices,trainees,and helpers described in paragraphs 4 and 5 above)shall require or permit any laborer,mechanic, watchman,or guard in any workweek in which he/she is employed on such work,to work in excess of 40 hours in such workweek unless such laborer, mechanic,watchman,or guard receives compensation at a rate not less than one-and-one-half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation: Liability for Unpaid Wages:Liquidated Damages:In the event of any • violation of the clause set forth in paragraph 7 above,the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages.In addition,such contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the ' District of Columbia or a territory,to such District or to such territory)for liquidated damages.Such liquidated damages shail.be computed with respect to each individual laborer,mechanic,watchman,or guard employed in violation of the clause set forth in paragraph 7,in the sum of$10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9. Withholding for Unpaid Wages and Liquidated Damages: , The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold,or cause to be withheld,from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor,or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor,such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages , and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal-aid construction contracts exceeding$2,000 and to all , related subcontracts,except for projects located on roadways classified as local roads or rural collectors,which are exempt.) 1. Compliance with Copeland Regulations(29 CFR 3): ' The contractor shall comply with the Copeland Regulations of • the Secretary of Labor which are herein incorporated by ' http://www.fhwa.dot.gov/programadmin/contracts/1 271.cfm 12/26/2006 __. .. __ __ _ _.___-........ ....�.. ..w w• .v� .i� , vvult—L 11u1-111aU U- t - %iMlla L1UVL1V11...1 0.b'C+7 Vl 1-1 ' reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and • preserved for a period of 3 years from the date of completion of the contract for all laborers,mechanics,apprentices,trainees,watchmen, ' helpers,and guards working at the site of the work. b. The payroll records shall contain the name,social security number,and address of each such employee;his or her correct classification;hourly rates of wages paid(including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B)of the Davis Bacon Act);daily and weekly number of hours worked;deductions made;and actual wages paid.In addition,for Appalachian contracts,the payroll records shall contain a notation indicating whether the employee does,or does not, ' normally reside in the labor area as defined in Attachment A,paragraph 1.Whenever the Secretary of Labor,pursuant to Section IV,paragraph 3b,has found that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section 1(b)(2)(B)of the Davis Bacon ' Act,the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable,that the plan or program is financially responsible,that the plan or program has been communicated in writing to the laborers or mechanics ' affected,and show the cost anticipated or the actual cost incurred in providing benefits.Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees,and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish,each week in which any contract work is performed,to the SHA resident engineer a payroll of wages paid each of its employees(including apprentices,trainees, and helpers,described in Section IV,paragraphs 4 and 5,and ' watchmen and guards engaged on work during the preceding weekly payroll period).The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V.This information may be submitted in any form desired.Optional Form WH-347 is available for this purpose • and may be purchased from the Superintendent of Documents(Federal stock number 029-005-0014-1),U.S.Government Printing Office, Washington,D.C.20402.The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. ' d. Each payroll submitted shall be accompanied by a"Statement of Compliance,"signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: 1. that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; 2. that such laborer or mechanic(including each helper,apprentice, and trainee)employed on the contract during the payroll period ' has been paid the full weekly wages earned,without rebate,either directly or indirectly,and that no deductions have been made either directly or indirectly from the full wages earned,other than permissible deductions as set forth in the Regulations,29 CFR 3; 3. that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed,as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certification set forth on ' the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the"Statement of Compliance"required by paragraph 2d of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C.1001 and 31 U.S.C.231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspection,copying,or transcription by authorized representatives of the SHA,the FHWA,or the DOL,and shall permit such representatives to interview employees during working hours on the job.If the contractor or subcontractor fails • to submit the required records or to make them available,the SHA,the FHWA,the DOL,or all may,after written notice to the contractor, r . ' http://www.fhwa.dot.gov/proLramadmin/contracts/1273.cf-n 12/26/2006 ui,;ti... rags 1V ul 1J sponsor,applicant,or owner,take such actions as may be necessary to cause the suspension of any further payment,advance,or guarantee of funds.Furthermore,failure to submit the required records upon request ' or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. • VI. RECORD OF MATERIALS,SUPPLIES,AND LABOR 1. On all Federal-aid contracts on the National Highway System,except those ' which provide solely for the installation of protective devices at railroad grade crossings,those which are constructed on a force account or direct labor basis,highway beautification contracts,and contracts for which the total final construction cost for roadway and bridge is less than$1,000,000(23 CFR 635)the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA-47,"Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds,"prior to the commencement of work under this contract. , b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work,and also of the quantities of those specific materials and supplies listed on Form FHWA-47,and in the units shown on Form FHWA47. ' c. Furnish,upon the completion of the contract,to the SHA resident engineer on Form FHWA-47 together with the data required in paragraph 1b relative to materials and supplies,a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option,either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. , VII. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent(or a greater percentage if specified elsewhere in the contract)of the total original contract price,excluding any specialty items designated by the State.Specialty items may be performed ' by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization(23 CFR 635). • ' a. "Its own organization"shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor,with or without operators. Such term does not include employees or equipment of a , subcontractor,assignee,or agent of the prime contractor. b. "Specialty Items"shall be construed to be limited to work that requires highly specialized knowledge,abilities,or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to ' minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the ' contract provisions. 3. The contractor shall furnish(a)a competent superintendent or supervisor who is employed by the firm,has full authority to direct performance of the work in accordance with the contract requirements,and is in charge of all construction operations(regardless of who performs the work)and(b)such other of its own organizational resources(supervision,management,and engineering services)as the SHA contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet,assigned or otherwise disposed of , except with the written consent of the SHA contracting officer,or authorized representative,and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. VIII. SAFETY:ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal,State,and local laws governing safety,health,and ' sanitation(23 CFR 635).The contractor shall provide all safeguards,safety devices and protective equipment and take any other needed actions as it • determines,or as the SHA contracting officer may determine,to be reasonably necessary to protect the life and health of employees on the job ' http://www.fhwa.dot.gov/programadmin/contracts/I 273.cfm 12/26/2006 t — VVa1JL1 ULi LL... 1 USV 1 l V1 A J and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract,and shall be made a condition of each ' subcontract,which the contractor enters into pursuant to this contract,that the contractor and any subcontractor shall not permit any employee,in performance of the contract,to work in surroundings or under conditions which are unsanitary,hazardous or dangerous to his/her health or safety,as ' determined under construction safety and health standards(29 CFR 1926) promulgated by the Secretary of Labor,in accordance with Section 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C.333). 3. Pursuant to 29 CFR 1926.3,it is a condition of this contract that the Secretary of Labor or authorized representative thereof,shall have right of ' entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to cant' out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C.333). IX._ FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements 1 and representations made by engineers,contractors,suppliers,and workers on Federal-aid highway projects,it is essential that all persons concerned with the project perform their functions as carefully,thoroughly,and honestly as possible. Willful falsification,distortion,or misrepresentation with respect to any facts related to the project is a violation of Federal law:To prevent any ' misunderstanding regarding the seriousness of these and similar acts,the following notice shall be posted on each Federal-aid highway project(23 CFR 635)in one or more places where it is readily available to all persons concerned with the project: 1 NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL-AID HIGHWAY PROJECTS 18 U.S.C.1020 reads as follows: "Whoever,being an officer,agent,or employee of the United States,or of any State or Territory,or whoever,whether a person,association,firm,or corporation, knowingly makes any false statement,false representation,or false report as to the character,quality,quantity,or cost of the material used or to be used,or the ' • quantity or quality of the work performed or to be performed,or the cost thereof in connection with the submission of plans,maps,specifications,contracts,or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation;or ' Whoever knowingly makes any false statement,false representation,false report or false claim with respect to the character,quality,quantity,or cost of any work performed or to be performed,or materials furnished or to be furnished,in connection with the construction of any highway or related project approved by the Secretary of Transportation;or Whoever knowingly makes any false statement or false representation as to material fact in any statement,certificate,or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916,(39 Stat.355),as ' amended and supplemented; Shall be fined not more that$10,000 or imprisoned not more than 5 years or both." ' X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal-aid construction contracts and to all related subcontracts of$100,000 or more.) By submission of this bid or the execution of this contract,or subcontract,as appropriate,the bidder,Federal-aid construction contractor,or subcontractor,as appropriate,will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act,as amended(42 U.S.C.1857 et seq.,as amended by Pub.L.91-604),and under the Federal 1 Water Pollution Control Act,as amended(33 U.S.C.1251 et seq.,as amended by Pub.L.92-500),Executive Order 11738,and regulations in implementation thereof(40 CFR 15)is not listed,on the date of contract award,on the U.S.Environmental Protection Agency(EPA)List of Violating 1 http://www.fbwa.dot.gov/programadmin/contracts/127 3.cfm 12/26/2006 _ __.. .. .......,..,. �...�.v luiwr v, r 77•r - %_,U1Juat:L tAuiini nsiraol - uonsiructl... Yage 1L oT tD Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the ' requirements of Section 114 of the Clean Air Act and Section 306 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. • 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director,Office of Federal Activities,EPA,indicating , that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, , and further agrees to take such action as the government may direct as a means of enforcing such requirements. XI. CERTIFICATION REGARDING DEBARMENT,SUSPENSION,INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification-Primary Covered Transactions: (Applicable to all Federal-aid contracts-49 CFR 29) a. By signing and submitting this proposal,the prospective primary , participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot ' provide the certification set out below.The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction.However,failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this , transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction.If it is later determined that the prospective , primary participant knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government,the department or agency may terminate this transaction for cause of default. d. The prospective primary participant shall provide immediate written • notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. ' e. The terms"covered transaction,""debarred,""suspended,""ineligible," "lower tier covered transaction,""participant,""person,""primary covered transaction,""principal,""proposal,"and"voluntarily excluded," as used in this clause,have the meanings set out in the Definitions and ' Coverage sections of rules implementing Executive Order 12549.You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that,should the proposed covered transaction be entered into,it shall , not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency entering into this transaction. ' g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled"Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"provided by the department or agency entering into this covered transaction,without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals.Each participant may,but is not required to,check the nonprocurement portion of the"Lists of ' Parties Excluded From Federal Procurement or Nonprocurement Programs"(Nonprocurement List)which is compiled by the General • Services Administration. i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the http://www.fhwa.dot.gov/programadmin/contracts/1 273.cfm 12/26/2006 __ _ _—... ...........vauv •va .aria vaa a v� 1/.l�" �Vl ILl Ul L ALL1111111 a 11 G' 1 — %-V113 11 W,U. 1 arco 1J Vl 1✓ certification required by this clause.The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Except for transactions authorized under paragraph f of these instructions,if a participant in a covered transaction knowingly enters • into a lower tier covered transaction with a person who is suspended, debarred,ineligible,or voluntarily excluded from participation in this ' transaction,in addition to other remedies available to the Federal Government,the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion—Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge ' and belief,that it and its principals: a. Are not presently debarred,suspended,proposed for debarment, declared ineligible,or voluntarily excluded from covered ' transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain,or performing a public(Federal, State or local)transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement,theft,forgery,bribery,falsification or destruction of records,making false statements,or receiving stolen property; ' c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal,State or local)with commission of any of the offenses enumerated in paragraph 1b of this certification;and d. Have not within a 3-year period preceding this application/proposal 1 had one or more public transactions(Federal,State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall lieattach an explanation to this proposal. ' 2. Instructions for Certification-Lower Tier Covered Transactions: (Applicable to all subcontracts,purchase orders and other lower tier transactions of$25.000 or more-49 CFR 29) a. By signing and submitting this proposal,the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into.If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government,the department,or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant.learns that its certification was erroneous by reason of changed circumstances. d. The terms"covered transaction,""debarred,""suspended,""ineligible," ' "primary covered transaction,""participant,' "person,""principal," "proposal,"and"voluntarily excluded,"as used in this clause,have the meanings set out in the Definitions and Coverage sections of rules ' implementing Executive Order 12549.You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this proposal that,should the proposed covered transaction be entered into,it shall 1 not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency with which this transaction 1 ' http://www.fbwa.dot.gov/programadmin/contracts/1273.cfin 12/26/2006 ...-, .....- .v, aii , v v 111.14 v1 11 U1111111JU ULl' �V11JL1 UGll... l Qb'G lT Vl 1J originated. , f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled"Certification Regarding ' Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction,"without modification,in all lower tier covered • transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not ' debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A participant may-decide the method and frequency by which it determines the eligibility of its principals.Each participant may,but is not required to,check the Nonprocurement List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause.The knowledge and information of , participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these instructions,if a participant in a covered transaction knowingly enters ' into a lower tier covered transaction with a person who is suspended, debarred,ineligible,or voluntarily excluded from participation in this transaction,in addition to other remedies available to the Federal Government,the department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. , Certification Regard ing,.Debarment,Suspension,Ineligibility and , Voluntary Exclusion—Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies,by submission of this proposal,that neither it nor its principals is presently debarred, ' suspended,proposed for debarment,declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of , the statements in this certification,such prospective participant shall • attach an explanation to this proposal. XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING , (Applicable to all Federal-aid construction contracts and to all related subcontracts which exceed$100,000-49 CFR 20) 1. The prospective participant certifies,by signing and submitting this bid or proposal,to the best of his or her knowledge and belief,that: a. No Federal appropriated funds have been paid or will be paid,by or on ' behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal ' loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an ' officer or employee of any Federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit ' Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.Submission of this ' certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and • not more than$100,000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or ' http://www.fhwa.dot.gov/prol,,ramadmin/contracts/1 2731.cfm 12/26/2006 1 ii-r - %.vintatt 1AUUUii1bUd '1- %_011SLTUCLI... rage 1J oI proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts,which exceed$100,000 and that all such recipients shall certify and disclose accordingly. ' ATTACHMENT A-EMPLOYMENT PREFERENCE FOR APPALACHIAN • CONTRACTS (Applicable to Appalachian contracts only.) ' 1. During the performance of this contract,the contractor undertaking to do work which is,or reasonably may be,done as on-site work,shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated,or the ' subregion,or the Appalachian counties of the State wherein the contract work is situated,except: a. To the extent that qualified persons regularly residing in the area are not available. ' b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or ' former employees as the result of a lawful collective bargaining contract,provided that the number of nonresident persons employed under this subparagraph 1c shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph 4 below. ' 2. The contractor shall place a job order with the State Employment Service indicating(a)the classifications of-the laborers,mechanics and other employees required to perform the contract work,(b)the number of employees required in each classification,(c)the date on which he estimates ' such employees will be required,and(d)any other pertinent information required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone.If during the course of the contract work,the information submitted by the contractor in the original job order is substantially modified, ' he shall promptly notify the State Employment Service. 3. The contractor.shall give full consideration to all qualified job applicants referred to him by the State Employment Service,The contractor is not required to grant employment to any job applicants who,in his opinion,are not qualified to perform the classification of work required. • 4. If,within 1 week following the placing of a job order by the contractor with the State Employment Service,the State Employment Service is unable to refer any qualified job applicants to the contractor,or less than the number ' requested,the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants.Such certificate shall be made a part of the contractor's permanent project records.Upon receipt of this certificate,the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph 1c above. 5. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is,or reasonably may be, done as on-site work. This page last modified on 12/19/06 FHNtA Home Enaineernm Construction Q FHWA United States Department of Transportation-Federal Highway Administration i • r ' ' http://www.fhwa.dot:gov/programadmin/contracts/1273.cfm 12/26/2006 ADDENDUM NO. 1 r PROJECT NO. STP—3100 (513) • FAIRGROUNDS RAOD AND COUNTY PARK TRAIL ' MARCH 21,2007 The bidder will acknowledge receipt,of this Addendum and his acceptance of its conditions by signing this Addendum and including it with his bid. , BIDDER: Don Schnieders.Excavating Company, Inc. ' BY: TITTLE: Vice President , CITY OF JEFFERSON, MISSOURI ' PATRICK E. SULLIVAN, P.E. DIRCTOR OF COMMUNITY DEVELOPMENT • ' 1 • ' ADDENDUM NO. 1 • PROJECT NO. STP—3100 (513) ' FAIRGROUNDS RAOD AND COUNTY PARK TRAIL MARCH 21, 2007 1. The pre-bid minutes by there inclusion herein are made part of this contract. 2. If Alternate"A" is accepted there will be 15 working days added to the contract time. In the event that Alternate "A"'is accepted the contract time will be 75 working days. ' 3. The approximate quantity of item 32, AC Base, in the bid form is incorrect. This has been corrected in the Itemized Bid Form (Revised 3/21%2007). All bid shall.be submitted using ' the form.untitled "IT,EMIZED BID FORM(REVISED 3/21/2007)". 4. Special Provision 20 states that the traffic island is to be constructed using type "A" curb ' and gutter. This is only partially correct as a portion will be a mountable curb as shown on, and detailed in the plans. Payment for both curbs will be paid as type "A" curb and gutter. 5. Special provision 21 states that the mounting loop on each post is to be placed within 2' of the top of the post. This in incorrect. The mounting loop shall be placed with in 2" of • the top of the post. i ' Or J st+ , ♦� O City of Jefferson � ` John Landwehr Je , ' Mayor Department of Community Development Patrick E.Sullivan, P.E.; Director • 320 East McCarty Street - Phone: (573)634-6410 Jefferson City, Missouri 65101 25 Fax: (573)634-6562 March 21, 2007 Attendees and Plan'Holders Fairgrounds Road and County Park Trail, Project No. 32087 , Subject: Fairgrounds Road and County Park Trail Project No. 32087 t Pre-Bid Minutes Dear Attendees and Plan Holders, , A pre-bid conference was held in the Thomas Jefferson conference room of City Hall on Thursday, March 15, 2007, for the above noted project. Those attending the meeting are as listed below: ' NAME REPRESENTING Don Rhea Don Schnieders Exc. Bruce Bax Don Schnieders Exc. Doug Adrian J.C. Industries • ' Greg Leary Concrete Engineering Darrell Kolb Stockman Construction Luke Hake Muenks Brothers Brian Patterson B&P Patterson LLC Bryant Gains Sam Gains Construction Gary Oldelehr City of Jefferson , David Bange City of Jefferson Don Fontana City of Jefferson The meeting proceeded with a general discussion of the planned project and an overview of the ' specifications. This letter summarizes the proceedings of that meeting and the questions received at the meeting. In addition, this memo contains any questions received by telephone, etc. after the meeting and prior to the closure of the questions period. Below are the items that were specifically discussed. GENERAL COMMENTS: BID OPENING: Tuesday, arch 27 2007 at 1:30 .m. Y, P CONTRACT TIME: 60 working days ' City of 1111 all like oferson WN COMMUNITY DEVELOPMENT "building a better community„ ' FAC1TY-PR0iEGTS\32087-Fairgrounds Rd. &County Park Side+r i;,Cr.,rnsoondenceTre Bid nwes.doc 2 ' LIQUIDATED DAMAGES: . 900.00 a day. y No questions will be allowed after 12:00 PM, Wednesday, March 21St at 12:00 noon. PLAN REVIEW: Attention was drawn to the following items. • Page 2 of the plans contains the traffic control plan. It was noted that Fairgrounds R_ oad was to remain open to traffic at ail times. • The details for the mountable curb to be used for portions of traffic island-can be found on page 4. ' • Page 5 of the plans contains five sections that depict the work that is to be done on Fairgrounds. Road. It is advisable to look over them carefully. There are portions of fairgrounds that will be removed completely, some portions that will be milled, and some sections in which asphalt will ' be built up on top of the existing, in addition to areas.that will be widened by concrete and others that will widened with asphalt. The hatching on the site plan should help to add clarity to the typical sections. ' . Page 6 contains the stormwater profiles as well as the modular block profiles.-It was noted that the wall to be built at 1315 Fairgrounds Road is to be built of regular versa-loc blocks which are limestone in color, while the wall at 1309 Fairgrounds Road is to be constructed with versa-loc standard blocks with the weathered option and be sandstone in color. ' • Page 7 contains the new City Standard ramp details. At the areas shown on the plans the contractor shall install detectable warning panels as shown. • At station 19+65 there is a water line that may need to be lowered if the finished grade does not • allow for 30" of cover. Special Provision 15 addresses this issue. .. The wall in front of 1309 Fairgrounds is shown in a serpentine fashion. This is to provide a visually pleasing set of curves in the wall. The final layout may vary slightly from what is shown provided that it maintains a serpentine shape. The wall at sta. 24+90 is to be held as close to the existing tree as possible. The entrance into 1307 Fairgrounds Road must be accessible at all times. The contract ' provides for the construction of a temporary bypass road to be built and maintained while the permanent drive is constructed. The temporary drive is to be built so that it can be used by all the equipment that may need to make use of it, including tractor trailers. ' • Station 33+00 marks the end of the base bid and the beginning of Alternate A. ' SPECIFICATIONS AND CONTRACT DOCUMENT REVIEW: • This project includes federal funds and as such some of the forms in the contract reflect MoDOT requirements. The DBE percentage for the project has be set at 0%. • Special Provisions ' o SP-4—Describes the temporary road to 1307 Fairgrounds Road o SP-11 — The land disturbance for this project is covered under the City's permit. The contractor shall follow the requirements of this permit in all his work. o SP-15 — This addresses the adjustments that may need to be made to the waterline at lie. alit Itit 1J....", el f :! f e r s o n M COMMUNITY DEVELOPMENT "building a better community" FACITY-PROJECTS"32087-Fairgrounds Rd. &County Park Side.✓,raiklCorresrnondencelPre Bid notes.doc 3 station 19+62. , • SP-18 — This provision describes the block columns that are to be constructed at 1309 • Fairgrounds Road. A detail is shown on sheet 4 of the plans. • SP-20 — This provision states that the traffic island shall be constructed using type "A" , curb and gutter. This is only partially correct as a portion of the island is to be built with mountable curb as shown on sheet 4 of the plans. • SP-21 — This provision states that the mounting loop is to be placed within 2' of the top of the post. This is incorrect. The mounting loop is to be within 2" of the top of the post. QUESTION/ANSWER: (Received at the pre bid meeting and those received by telephone, etc. prior to 12:00 PM Wednesday March 21, 2007) QUESTION: The commercial drive into 1307 shows a curb and gutter section on the southern side of ' the.drive, is that how you would like.the approach constructed? ANSWER: No, that is an error in the drawing. The approach should be built with a monolithic curb as detailed in the City Standard Drawings. QUESTION. Are there any restriction as to when Fairgrounds can be limited to one lane traffic? t ANSWER: No, the contractor may close fairgrounds to one lane at any time provided that the appropriate signage and flagging personnel are in place. , QUESTION: It appears that the asphalt quantities listed in the bid form are to high, could I ask you to verify the quantities? ANSWER: It appears that there is an error in the quantity of AC Base the corrected number is included in the revised itemized bid form. The quantity for the asphalt surface as listed • ' on the bid for is correct. QUESTION: Are the earthwork quantities listed on the plans, if not could you tell me what they are? ANSWER: In the base bid there is estimated to be 676 cubic yards of cut and 3,857 cubic yards of fill. In Alternate "A" there is estimated to be 54 cubic yards of cut and 203 cubic yards of fill. No adjustment factors have been applied to the cut or fill in the either bid. ' S, cerely, David Bange ' Engineering Division Director DB:db , City of of a rs o n " COMMUNITY DEVELOPMENT a better community" ' FACITY-PROJECTS132087-Fairgrounds Rd.&County Park SidewaW.Cor respond e.nce\Pre Bid notes.doc