HomeMy Public PortalAboutORD14039 BILL NO. 2006-2
• SPONSORED BY COUNCILMAN Martin
ORDINANCE NO. /Jhr/3°I
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH HUFF SEALING
CORPORATION FOR SEALCOAT,JOINT AND CRACK SEAL, PAVEMENT MARKINGS,
AND GATE AT THE JEFFERSON CITY MEMORIAL AIRPORT.
WHEREAS, Huff Sealing corporation has become the apparent lowest and best bidder
on the Sealcoat,Joint and Crack Seal,pavement Markings,and Gate project
at the Jefferson City Memorial Airport;
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. The bid of Huff Sealing corporation is declared to be the lowest and best
bid and is hereby accepted.
• Section 2.The Mayorand CityClerk are herebyauthorized to execute an agreement
with Huff Sealing corporation for Sealcoat, Joint and Crack Seal, pavement Markings, and
Gate.
Section 3. The agreement shall be substantially the same In form and content as
that agreement attached hereto as Exhibit A.
Section . This Ordinance shall be In full force and effect from and after the date
of its passage and approval.
Passed: h/y, Approved; GPJlO
r siding fflcar Mayor
A T: APPROVED AS TO FORM:
ty Cleik City Counselor
1.
FINANCE DEPARTMENT
• PURCHASING DIVISION
SUBJECT: Bid 2271 - Sealcoat,Joint and Crack Seal, Pavement Markings and Gate Project
No. 61019, Community Development, Airport, Opened April 4, 2006
BIDS RECEIVED:
Huff Sealing Corporation, Albion, IL $ 317,633.00
Hi Lite Markings, Inc., Adams Center,NY $ 375,172.00
Plans and specifications were sent to six plan houses. Seven additional firms requested plans and
specifications but did not return bids.
FISCAL NOTE:
6100-6100-7000-0030 Purchase/Improvement, Land/Building,Airport Fund
2005-2006 Budget $272,594.00
FFA Grant Funds $ 315,789.00
Expended $ 3,900.00
• Encumbered $ 45,993.13
Bid 2271 $ 317.633.00
Balance $220,856.87
PAST PERFORMANCE:
Huff Sealing Corporation has not been awarded a City project recently. Staff believes the firm
will complete the work as specified and bid.
RECOMMENDATION:
Staff recommends award of the bid to Huff Sealing Corporation of Albion, IL in the amount of
$317,633.00.
ATTACHMENTS - SUPPORTING DOCUMENTATION
Tabulation of Bids, Departmental Recommendation
Signature
Pu ha ni gent DirComn unity Development
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GIIY o! ,
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1 COMMUNITY DCVCLCIPMCNT Memorandum
•uun.u.,.e;oMelm
320 East McCarty Street • Jefferson City, Missouri 65101
Phone: (573) 634-6410 • Fax (573) 634-6562 •www.jeffcltymo.org
Date: April 7,2006
To: Terry Stephenson - Purchasing Agent, Finance
From: Gene Williams, P.E., Division Director of Engineering
Re: Scalcoat,Joint and Crack Seal,Pavement Markings and Gate
Project No.61019, Bid No.2271
Public Works has completed a review of the bids opened at 1:30 PM on April 4, 2006 for the above
noted project. As part of the review all the bids were tabulated to check for math errors and to compare
unit price quotes of the various contractors. Attached to this memo is the tabulation of the two (2)bids
that were received for the project.
Based on our review,we recommend acceptance of the base bid from the low bidder Huff Sealing
• Corporation, Highway 15 East, Albion, II 62806. The bid total is $317,633.00.
The project will be expensed from Airport CIP and MoDOT grant funds:
Huff Sealing Corporation Contract 5317.833.001:
Account Number:
6100-6100-7000-0030
MoDOT $298,359.14
City CIP $19.273.86
Total $317,633.00
If you need any other information please feel free to contact me at extension 547.
Attachments: Bid Tabulation Sheet
Original Bid Submittals
c: Pat Sullivan
Matt Morasch
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' SPECIFICATIONS AND CONTRACT DOCUMENTS
Sealcoa% Joint S Crack Seal,
' Pavement Markings, and Gate
PROJECT NO. 61019
STATE BLOCK GRANT NO. AIRE 036-40B
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Jefferson City Department of Community Development
' March 20, 2006
TRI W!,
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s� 16996
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'• REQUESTS FOR BIDSANVITATION FOR BIDS
' CITY OF JEFFERSON
JEFFERSON CITY MEMORIAL AIRPORT
State Block Grant Project No.AIRE 03540B
Sealed bids will be received at the Office of the Purchasing Agent, 320 East McCarty Street,
Jefferson City, Missouri 65101 until 1:30 PM, Tuesday April 4,2006,and then publicly opened
' and read in the Council Chambers of the City of Jefferson for furnishing all labor, materials,
services,and equipment for the following work items: removal of existing pavement markings,
joint and crack sealing and other preparatory work,friction seal coating, new pavement
' markings,and installation of a gate.
Copies of the bid documents including project drawings and technical specifications are on file
' and may be inspected at:
Department of Community Development
City of Jefferson
320 E. McCarty Street
Jefferson City,MO 65101
' A complete set of bid documents may be obtained from the Department of Community
Development,City of Jefferson for a fee of $20.00(non-refundable).
A prebid conference for this project will be held at 10:00 AM, Tuesday,March 28,2006 in the
Lower Level Conference Room of City Hall, City of Jefferson.
Each proposal must be accompanied by a bid guaranty in the amount of five(5)percent of the
total amount of the bid. The bid guaranty may be by certified check or bid bond made payable to
' City of Jefferson.
Bids may be held by the City of Jefferson for a period not to exceed 60 days from the date of the
bid opening for the purpose of evaluating bids prior to award of contract.
The right is reserved, as the City of Jefferson may require,to reject any bid and also the right to
' reject all bids.
In accordance with the Davis-Bacon Act, and the Missouri Prevailing Wage Law, the Contractor
' will be required to comply with the wage and labor requirements and to pay minimum wages in
accordance with the schedule of wage rates established by the United States Department of Labor
and the Missouri Division of Labor Standards,respectively.The highest rate between the two
(Federal and State) for each job classification shall be considered the prevailing wage,
This project is subject to the requirements of 49 CFR Part 26 Disadvantaged Business Enterprise
' Participation. The owner has established a contract goal of(0%)zero percent participation for
small business concerns owned and controlled by qualified disadvantaged business enterprises
,i (DBE). The bidder shall make and document good faith efforts,as defined in Appendix A of 49
' CFR Part 26,to meet the established goal.
Award of contract is also subject to the following Federal provisions:
• Executive Order 11246 and DOL Regulation 41 CFR PART 60- Affirmative
' Action to Ensure Equal Employment Opportunity.
• DOL Regulation 29 CFR Part 5 -Davis Bacon Act.
• DOT Regulation 49 CFR PART 29- Government wide Debarment and
Suspension and Government wide Requirements for Drug-free Workplace.
• DOT Regulation 49 CFR PART 30-Denial of Public Works Contracts to
Suppliers of Goods and Services of Countries that Deny Contracts to Suppliers of
Goods and Services of Countries that Deny Procurement Market Access to U.S.
Contractors(Foreign Trade Restriction).
' • TITLE 49 United States Code, CHAPTER 501 - Buy American Preferences,
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Terry St son
Purchasing Agent
City of Jefferson
.320 East McCarty Street
Jefferson City,MO 65101
' NEWS TRIBUNE
March 19, 2006
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,• BID DOCUMENTS& TECHNICAL SPECIFICATIONS
TABLE OF CONTENTS:
SECTION I -NOTICE TO BIDDERS
' SECTION 2-INSTRUCTIONS TO BIDDERS
' SECTION 3-GENERAL PROVISIONS
SECTION 4-SUPPLEMENTARY PROVISIONS
Part A -FEDERAL AND STATE PROVISIONS
Part B -DBE ADMINISTRATION
' Part C -LOCAL PROVISIONS
Part D -FEDERAL AND STATE WAGE RATES
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SECTION 5-TECHNICAL SPECIFICATIONS:
MO-100 Mobilization
MO-162 Chain-Link Fences
N MO-620 Runway and Taxiway Painting
MO-622 Crack and Joint Scaling-Bituminous Pavement
MO-623 Pavement Friction Scalcoat Surface Treatment
APPENDIX-ADVISORY CIRCULARS
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PROPOSAUFORMS
PROPOSAL FORM
PERFORMANCE BOND
.. PAYMENT BOND
CONTRACT AGREEMENT
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I• SECTION 1
NOTICE TO BIDDERS
CITY OF JEFFERSON
JEFFERSON CITY MEMORIAL AIRPORT
' SEALCOAT,JOINT AND CRACK SEAL,PAVEMENT MARKINGS,AND GATE
CITY PROJECT NO.61019
State Block Grant Project No.AIRE 0354013
Sealed bids subject to the conditions and provisions presented herein will be received at the office of the
Purchasing Agent, 320 East McCarty Street, Jefferson City, Missouri 65101 until 1:30 PM, Tuesday, April 4,
2006,and then publicly opened and read at Council Chambers of the City of Jefferson, for furnishing all labor,
materials, equipment and services and performing all work necessary for the following work items: removal of
existing pavement markings, provide joint and crack seal and other preparatory work, friction seal coat,
I provide new pavement markings,and installation of a gate.
Copies of the bid documents including project drawings and technical specifications arc on file and may be
inspected at:
Department of Community of Development
City of Jefferson
320 E.McCarty Street
IJefferson City,MO 65101
A complete set of bid documents may be obtained from the Department of Community Development for a fee of
M $20.00(non-refundable),
A pre-bid conference for this project will be held at 10:00 AM, Tuesday, March 28, 2006 in the Lower level
Conference Room of City Hall,City of Jefferson.
Contract Work Itemr. This project will involve the following work items and estimated quantities, Prospective
bidders are hereby advised that the quantities indicated herein are approximate and arc subject to change.
ITEM TECHNICAL SPECIFICATION Est.Quantity
1. Mobilization MO-100 I Lump Sum
' 2. Pavement Marking Removal MO.623.4.8 105,000 SF
3. Crack&Joint Seal Bituminous Pavement MO-622 15,000 LF
4. Pavement Friction Scalcoat Surf.Treatment MO-623 81,000 SY
5. Pavement Markings While MO-620 81,000 SF
6. Pavement Markings Yellow MO-620 17,300 SF
7. Pavement Markings Black MO-620 13,500 SF
8. 22' Cantilever Gate MO-162 1 EA
9. 6'Chain Link Fence MO-162 30 LF
' Contract Time. The owner has established a contract performance time of 35 working days from the date of the
Notice-to•Procced. All project work shall be substantially completed within the stated timefmme. This project is
subject to liquidated damages as prescribed in the project manual.
Bid Security. No bid will be considered unless accompanied by a certified check or cashier's check on any bank
• or trust company insured by the Federal Deposit Insurance Corporation, payable to City of Jefferson, for not less
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,• than five (5) percent of the total amount of die bid, or by a bid bond secured by an approved surety or sureties,
payable to the owner.for not less than rive(5)percent of the total amount of the bid.
Bonding Requirements. The successful bidder will be required to furnish separate performance and payment
bonds each in an amount equal to 100%of the contract price at the dme of contract execution.
' Award of Contract. All proposals submitted in accordance with the instructions presented herein will be subject
to evaluation. Bids may be held by the City of Jefferson for a period not to exceed 60 days from the date of the bid
opening for the purpose of conducting the bid evaluation.
Award of contract will be based on the lowest aggregate sum proposal submitted from those bidders that am
confirmed as being responsive and responsible. If more than one base bid is listed in the Proposal Fonn, the bidder
' may bid on Base Bid No. 1 and/or Base Bid No. 2. The owner reserves the right to select any one of the
combinations of the base bid(s)and alternate bid(s), which in the judgment of the owner, best serves the owner's
interest.The right is reserved,as the City of Jefferson may require,to reject any bid and all bids.
Award of contract is contingent upon the owner receiving Federal-funding assistance under the State Block Grant
Program.
Federal Provblons- This project is subject to the following Federal provisions,statutes and regulations;
Equal Employment Opportunity - Executive Order 11256 and 41 CFR Part 60: The Bidder's attention is
' called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity
Construction Contract Specifications" set forth within the supplementary provisions. The successful Bidder
shall not discriminate against any employee or applicant for employment because of race,color, religion, sex,
N or national origin. The Contractor will take affrnmtive action to ensure that applicants arc employed,and that
employees are treated during employment without regard to their race,color,religion,sex,or national origin.
Goals for Minority and Female Participation—Executive Order 11246 and 41 CFR Pan 60•
' 1, The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal
Employment Opportunity Construction Contract Specifications"set forth within the supplementary provisions.
2. The goals and timetables for minority and female participation, expressed in percentage ternis for the
contractor's aggregate workforce in each trade on all construction work in the covered area,are as follows:
Timetables
Goals for minority participation for cacti trade: 4%.
Goals for female participation in cacti trade: 6.9%.
These goals am applicable to all of the contractor's construction work(whether or not it is Federal or federally-
assisted) performed in the covered area. If the contractor performs construction work in a geographical area
located outside of the geographical area where the work is actually performed. Willi regard to this second
area, the contractor also is subject to the goals for both its Federally involved and non-federally involved
construction.
Certification of Nonsegregated Facilities—41 CFR Pan 60: A certification of Nonsegregated Facilities must
' be submitted prior to the award of a federally-assisted construction contract exceeding $10,000 which Is not
exempt from the provisions of the Equal Opportunity Clause.
' Contractors receiving federally assisted construction commct mvords exceeding$111,000,which are not exempt
from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the
• notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed
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,• $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. The penalty for making
false statements in offers in prescribed in lg U.S.C. 1001,
Disadvantaged Business Enterprise–49 CFR Part 26• The requirements of 49 CFR Part 26, Regulations of
the U.S. Department of Transportation, apply to this contract. It is the policy of MoDOT and the city to
' practice nondiscrimination based on race, color, sex or national origin in the award or performance of this
contract. All firms qualifying under this solicitation are encouraged to submit bids/proposals. Awards of this
contract still be conditioned upon satisfying the requirements of this section. Tliese requirements apply to all
bidders, including those who qualify as a DBE. A DBE contract goal of 0 percent has been established for this
contract. The non-DBE bidder shall subcontract 0 percent of the dollar value of the base bid(s),excluding any
additive alternates, to disadvantaged business enterprises (DBE) or make good faith efforts to meet the DBE
contract goal. The bidder and any subcontractor who qualifies as a DBF who subcontracts wnrk to another
' non-DBE firm must subtract the amount of the non-DBE contract bntn the total DBF- work counted inward
LSoal, as defined In 49 CER Parr 16.55.
' The apparent successful competitor will be required to submit the following information: (1) the names and
addresses of DBE firms that will participate in the contract; (2)a description of the work that each DBE firm
will perform; (3) the dollar amount of the participation of each DBE firm participating; (4) written
documentation (signed contract proposal) of the bidders commitment to use a DBE subcontractor whose
' participation it submits to meet the contract goal;and(5)if the contract goal is not met,evidence of good faith
efforts,as described In 49 CFR Part 16.
' Davis-Bacon Act, as amended —29 CFR Part 5• The Contractor is required to comply with wage and labor
provisions and to pay minimum wages in accordance with the current schedule of wage rates established by
the United States Department of Labor included in the supplementary provisions.
In addition, the contractor will also be required to comply with the wage and labor requirements and pay
minimum wages in accordance with the schedule of wage rates established by the Missouri Division of Labor
Standards included in the Supplementary Provisions.
' The highest rate between the two (Federal and State) for each job classification shall be considered the
prevailing wage.
Debarment. Suspension. Ineligibility and Voluntary Exclusion – 49 CFR Pan 29: The bidder certifies, by
submission of a proposal or acceptance of a contract, that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency. Individuals or companies listed in the General Services
Administration's"Excluded Parties Listing Systcm"will not be considered for award of contract.
' Foreign Trade Restriction –49 CFR Part 30. Bidder and Bidder's subcontractors, by submission of an
offer and/or execution of a contract,is required to certify that it:
' a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries
That discriminate against U.S, firms published by the Office of the United States Trade Representative
(USTR);
' b, has not knowingly entered into any contract or subcontract for this project with a person that is a
citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one
or more citizens or nationals of a foreign country on said list;
' e. has not procured any product nor subcontracted for the supply of any product for use on the project that
• is produced in a foreign countq'on said list,
1• Buy American Certificate— Aviation Safety and Capacity Act of 1990: This contract is subject to the"Buy
American Preferences" of the Aviation Safety and Capacity Act of 1990. Prospective Bidders are required to
1 certify that steel and manufactured products have been produced in the United Stales and to clearly identify
those items produced or manufactured outside of the United States.
Airoort Job Special Provision "Notice to all potential bidders on federally funded airport construction projects:
As mandated by Executive Order 12818, issued by President George Bush on October 23, 1992,a Job Special
Provision will be inserted into and made part of every contract for federally funded airport construction
projects,awarded from this or future notices of lettings."
1 Additional Provisions.
Modification to the project documents may only be made by written addendum by the Owner or Owner's
authorized Representative.
The proposal must be made on the forms provided within the bound project manual. Bidders must supply all
required information prior to the time of bid opening.
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'• SECTION 2
INSTRUCTIONS TO BIDDERS
' 1. The apparent low bidder shall submit "evidence of competency"and"evidence of financial responsibility" to
' the owner no later than 3 days after the specified date for opening bids.
2. Those individual elements of the Contract Documents that are bound together shall also be referred to as the
Project Manual.No part of the project manual that is bound may be removed or detached.
' 3. Each bidder shall certify in the Proposal Form at the time of bid submittal that they acknowledge receipt of all
issued addenda.
' 4. No bid will be considered unless accompanied by a certified check or cashier's check on any bank or trust
company insured by the Federal Deposit Insurance Corporation,payable to the owner,for not less than five(5)
percent of the amount of the bid, or by a bid bond secured by an approved surety or sureties (licensed to
conduct surety business in the state of Missouri),payable to the owner,for not less than five(5)percent of the
amount of the bid.
5. Proposals shall be sent to arrive at the specified time and date for receipt of bids. Proposals received after the
specified time will not receive consideration and will be returned unopened. Envelopes containing proposals
must be sealed and addressed to:
' City of Jefferson
Purchasing Agent
N E.McCarty St
Jefferson City,MO 65101
The upper left hand corner of the envelope shall be marked as follows:
' Sealed Bid Proposal
Bid of (NAME OF BIDDER)
' For construction improvements at Jefferson City Memorial Airport
State Block Grant Project No.:AIRE 03540B
To be opened at: 1:30 PM,Tuesday,April 4,2006
' 6. The Owner reserves the right to reject any or all bids, as determined to be in the best interest of the Owner.
Causes for rejection of proposals include but are not limited to:
' • Submittal of more than one proposal from the same partnership,firm or corporation;
• Failure by Bidder to submit the bid prior to the stated time and date for receipt of bids;
• Failure by Bidder to furnish satisfactory bid guarantee;
• Failure by Bidder to provide all information required of the bid forms;
• Failure by Bidder to comply with the requirements of bid instructions;
• Failure by the Bidder to demonstrate good faith efforts in obtaining participation by certified DBE firms;
• Determination by the Owner that Bidder is not qualified to accomplish the project work;
' • Determination by the Owner that the Bidder has placed conditions on or qualified their proposal;
• Discovery of any alteration,interlincations or erasure of any project requirement by the Bidder,
• Inclusion of the Bidder on the "Excluded Parties Listing System" as maintained and published by the
General Services Administration;
• Evidence of collusion among bidders.
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r7. The price submitted for each item of the work shall include all cost of whatever nature involved in its
• construction,complete in place,as described in the Plans and Specifications. Section 144.062 RSMo provides
that the City's sales tax exemption may be used for the purchase of goods and materials for this project. The
r ' 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 the only those purchases totaling
' over S500 from an individual supplier.
All sales taxes on those items which do not quality for the use of the City's sales tax exemption and for which
sales tax might be lawfully be assessed against the City are to be paid by the Contractor for the monies
obtained in satisfaction of the Contract. It being understood by the bidder, that the bid prices submitted for
rthose items shall include the cost of such taxes.
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'• SECTION 3
GENERAL PROVISIONS
' INDEX TO GENERAL PROVISIONS
' SECTION 10 DEFINITION OF TERMS
SECTION 20' PROPOSAL REQUIREMENTS AND CONDITIONS
' 20-01 Bidder Qualifications
20-02 Bid Documents/Project Manual
' 20-03 Modifications to Project Documents
20-04 Errors and Discrepancies in Project Documents
20-05 Clarifications and Interpretations
' 20.06 Issuance of Proposal Forms
20-07 Interpretation of Estimated Proposal Quantities
20-08 Examination of Plans,Specification and Site Conditions
20-09 Preparation of the Bid Proposal
20-10 Bid Guaranty
2-0 Submission of Bid Proposal
3-0 Modification or Withdrawal of Bid Proposal
' 4-0 BId Opening
5-0 Disqualification of Bid Proposals
N SECTION 30 AWARD AND EXECUTION OF CONTRACT
30-01 Evaluation of Proposals
30-02 Cancellation of Award
30-03 Notice of Award of Contract
30.04 Return of Bid Guaranty
30-05 Contract Agreement
' 30-06 Performance and Payment Bonds
30-07 Certificate of Insurance
30.08 Approval of Contract
SECTION 40 SCOPE OF WORK
40-01 Intent of Contract
' 40-02 Alteration of Work and Quantities
40-03 Omitted Items
40-04 Extra Work
40-05 Maintenance of Traffic
40-06 Removal of Existing Structures
40-07 Rights In and Use of Materials Found in Work
' 40-08 Final Cleaning Up
SECTION 50 CONTROL OF WORK
' 50-01 Authority of the Engineer
50-02 Conformity with Plans and Specifications
• 50-03 Coordination of Contract,Plana and Specifications
' 50-04 Cooperation of Contractor
'• 50-05 Cooperation Between Contractors
50-06 Construction Layout and Stakes
50-07 Automatically Controlled Equipment
50-08 Authority and Duties of inspectors
50-09 Inspection of the Work
' 50.10 Removal of Unacceptable and Unauthorized Work
50-I1 Load Restrictions
50-12 Maintenance During Construction
50-13 Failure to Maintain the Work
' 50.14 Partial Acceptance
50-15 Final Acceptance
50-16 Claims for Adjustments and Disputes
' SECTION 60 CONTROL OF MATERIALS
' 60-01 Source of Supply and Quality Requirements
60-02 Samples,Tests and Cited Specifications
60-03 Certification of Compliance
60-04 Plant Inspection
60-05 Engineer's Field Office and Laboratory
60-06 Storage of Materials
60-07 Unacceptable Materials
60-08 Owner-Furnished Materials
SECTION 70 LEGAL RELATIONS AND RESPONSU3LITY TO PUBLIC
70-01 Laws to be Observed
70-02 Permits,Licenses and Taxes
70-03 Patented Devices,Materials and Processes
70-04 Restoration of Surfaces Disturbed by Others
70-05 Federal Aid Participation
70.06 Sanitary,Health and Safety Provisions
70-07 Public Convenience and Safety
70-08 Barricades, Warning Signs and Hazard Markings
70-09 Use of Explosives
70.10 Protection and Restoration of Property and Landscape
70.11 Responsibility for Damage Claims
70.12 Third Parry Beneficiary Clause
70.13 Opening Section of the Work to Traffic
70-14 Contractor's Responsibility for Work
70-15 Contractor's Responsibility for Utility Service and Facilities of Others
70-16 Furnishing Rights-of-Way
70-17 Personal Liability of Public Officials
70.18 No Waiver of Legal Rights
70.19 Environmental Protection
70-20 Archaeological and Historical Findings
' SECTION 80 PROSECUTION AND PROGRESS
' 80-01 Subletting of Contract
SM2 Notice to Proceed
• 80-03 Prosecution and Progress
80-04 Limitation of Operations
80-05 Character of Workman,Methods and Equipment
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1 80-06 Temporary Suspension of the Work
• 80-07 Determination and Extension of Contract Time
,1 80-08 Failure to Complete on Time
2-00 Default and Termination of Contract
3-00 Termination for National Emergencies
1 SECTION 90 MEASUREMENT OF QUANTITIES
90-01 Measurement of Quantities
1 90-02 Scope of Payment
90-03 Compensation for Altered Quantities
90.04 Payment for Omitted Items
90-05 Payment for Extra and Force Account Work
1` 90-06 Partial Payments
90-07 Payment for Materials on Hand
:1 90-08 Payment of Withheld Funds
90-09 Acceptance and Final Payment
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'• SECTION 10
DEFINITION OF TERMS
Whenever the following terms are used in these specifications, in the contract, in any documents or other
' instruments pertaining to construction where these specifications govern, the intent and meaning shall be
interpreted as follows:
10-01 AASHTO. The American Association of State Highway and Transportation Officials, the successor
' association to AASHTO.
10-02 ACCESS ROAD. The right-of-way,the roadway and all improvements concocted thereon connecting the
' airport to a public highway.
10-03 ADVERTISEMENT. A public announcement, as required by local law, inviting bids for work to be
' performed and materials to be furnished.
10-04 AIP. The Airport Improvement Program, a grant-in-aid, administered by the Federal Aviation
Administration.
' 10-05 AIR OPERATIONS AREA. For the purpose of these specifications, the term air operations area shall
mean any area of the airport used or intended to be used for the landing, takeoff, or surface maneuvering of
' aircraft. An air operation area shall include such paved or unpaved areas that arc used or intended to be used for
the unobstructed movement of aircraft in addition to its associated runway,taxiway,or apron.
N 10-06 AIRPORT. Airport means an area of land or water which is used or intended to be used for the landing
and takeoff of aircraft,and includes its buildings and facilities,if any.
10-07 ASTM. The American Society for Testing and Materials.
10.08 AWARD. The acceptance,by the owner,of the successful bidder's proposal.
' 10-09 BIDDER. Any individual, partnership, firm, or corporation, acting directly or through a duly authorized
representative,who submits a proposal for the work contemplated.
10-10 BUILDING AREA. An area on the airport to be used, considered, or intended to be used for airport
buildings or other airport facilities or rights-of-way together with all airport buildings and facilities located
thereon.
' 10-11 CALENDAR DAY, Every day shown on the calendar.
10-12 CHANGE ORDER. A written order to the Contractor covering changes in the plans, specifications, or
' proposal quantities and establishing the basis of payment and contract time adjustment, if any, for the work
affected by such changes. The work,covered by a change order,shall be within the scope of the contract.
10-13 CONTRACT. The written agreement covering the work to be performed. The awarded contract shall
' include,but is not limited to: The Advertisement;The Contract Form;The Proposal;The Performance Bond;The
Payment Bond; any required insurance certificates; The Specifications; The Plans, and any addenda issued to
bidders,
' 10-14 CONTRACT ITEM(PAY ITEM). A specific unit of work for which a price is provided in the contract.
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10-15 CONTRACT TIME. The number of calendar days or working days, stated in the proposal, allowed for
completion of the contract, including authorized time extensions, If a calendar date of completion is stated in the
proposal,in lieu of a number of calendar or working days,the contract shall be completed by that date. '
10-16 CONTRACTOR. The individual, partnership, firm, or corporation primarily liable for the acceptable
performance of the work contracted and for the payment of all legal debts pertaining to the work who acts directly '
or through lawful agents or employees to complete the contract work.
10-17 DRAINAGE SYSTEM. The system of pipes,ditches,and structures by which surface or subsurface waters
are collected and conducted from the airport area. '
10-18 ENGINEER. The individual, partnership, firm, or corporation duly authorized by the owner(sponsor)to
be responsible for engineering observation of the contract work and acting directly or through an authorized '
representative,
10-19 EQUIPMENT, All machinery,together with the necessary supplies for upkeep and maintenance,and also
all tools and apparatus necessary for the proper construction and acceptable completion of the work. '
10-20 EXTRA WORK. An item of work not provided for in the awarded contract as previously modified by
change order or supplemental agreement,but which is found by the Engineer to be necessary to complete the work ,
within the intended scope of the contract as previously modified.
10-21 FAA. The Federal Aviation Administration of the U.S. Department of Transportation. When used to '
designate a person,FAA shall mean the Administrator or his/her duly authorized representative.
10-22 FEDERAL SPECIFICATIONS. The Federal Specifications and Standards, and supplements,
amendments, and indices thereto an prepared and issued by the General Services Administration of the Federal
Government.
10-23 INSPECTOR. An authorized representative of the Engineer assigned to make all necessary inspections '
and/or tests of the work performed or being performed, or of the materials furnished or being furnished by the
Contractor,
10-24 INTENTION OF TERMS. Whenever, in these specifications or on the plans, the words "directed," ,
"required", "permitted", "ordered" "designated" "prescribed", or words of the like import are used, it shall be
understood that the direction, requirement, permission, order, designation, or prescription of the Engineer is
Intended; and similarly, the words "approved', "acceptable", "satisfactory", or words of like import, shall mean ,
approved by,or acceptable to, or satisfactory to the Engineer, subject in each case to the final determination of the
owner.
Any reference to a specific requirement of a numbered paragraph of the contract specifications or n cited standard '
shall be interpreted to include all general requirements of the entire section, specification item, or cited standard
that may be pertinent to such specific reference.
10.25 LABORATORY. The official testing laboratories of the owner or such other laboratories as may be
designated by the Engineer,
10-26 LIGHTING. A system of fixtures providing or controlling the light sources used on or near the airport or '
within the airport buildings, The field lighting includes all luminous signals, markers, floodlights, and
illuminating devices used on or near the airport or to aid in the operation of aircraft landing at,taking off from,or ,
taxiing on the airport surface,
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1• 10-27 MAJOR AND MINOR CONTRACT ITEMS. A major contract item shall be any item that is listed in
the proposal, the total cost of which is equal to or greater than 20 percent of the total amount of the award contract,
' All other items shall be considered minor contract items.
10-28 MATERIALS. Any substance specified for use in the construction of the contract work.
t10-29 NOTICE TO PROCEED. A written notice to the Contractor to begin the actual contract work on a
previously agreed to date. If applicable, the Notice to Proceed shall state the date on which the contract time
begins.
10-30 OWNER (SPONSOR). The terra owner shall mean the party of the first part or the contracting agency
signatory to the contract. For contracts,the term sponsor shall have the same meaning as the terra owner.
10-31 PAVEMENT. The combined surface course,base course,and subbase course, if any,considered as a single
unit.
10-32 PAYMENT BOND. The approved form of security furnished by the Contractor and his/her surety as a
guaranty that he will pay in full all bills and acoounts for materials and labor used in the construction of the work.
'
10-33 PERFORMANCE BOND. The approved form of security furnished by the Contractor and his/her surely
as a guaranty that the Contractor will complete the work in accordance with the terms of the contract.
' 10-34 PLANS. The official drawings or exact reproductions which show the location,character,dimensions and
details of the airport and the work to be done and which arc to be considered as a part of the contract,
supplementary to the specifications.
N 10-35 PROJECT. The agreed scope of work for accomplishing specific airport development with respect to a
particular airport.
' 10-36 PROPOSAL(BID). The written offer of the bidder (when submitted on the approved proposal form) to
perform the contemplated work and furnish the necessary materials in accordance with the provisions of the plans
and specifications.
' 10-37 PROPOSAL(BID)GUARANTY. The security furnished with a proposal to guarantee that the bidder will
enter into a contract if his/her proposal is accepted by the owner.
10-38 RUNWAY. The area on the airport prepared for the landing and takeoff of aircraft.
10-39 SPECIFICATIONS. A part of the contract containing the written directions and requirements for
' completing the contract work. Standards for specifying materials or testing which arc cited in the contract
specifications by reference shall have the same force and effect as if included in the contract physically.
' 1040 STRUCTURES. Airport facilities such as bridges; culverts;catch basins, inlets, retaining walls,cribbing;
storm and sanitary sewer lines; water lines; underdrains; electrical ducts, manholes, hndholes, lighting fixtures
and bases; transformers; flexible and rigid pavements; navigational aids; buildings; vaults; and, other manmade
features of the airport that may be
' encountered in the work and not otherwise classified herein.
1041 SUBGRADE. The soil which forms the pavement foundation.
' 10.42 SUPERINTENDENT. The Contractor's executive representative who is present on the work during
. progress, authorized to receive and fulfill instructions from the Engineer, and who shall supervise and direct the
construction.
1043 SUPPLEMENTAL AGREEMENT. A written agreement between the Contractor and the owner •
covering: (1)work that would increase or decrease the total amount of the awarded contract,or any major contract ,
Item,by more than 25 percent, such increased or decreased work being within the scope of the originally awarded
contract;or(2)work that is not within the scope of the originally awarded contract.
1014 SURETY. The corporation, partnership, or individual, other than the Contractor, executing payment or '
performance bonds which are furnished to the owner by the Contractor.
1045 TAXIWAY. For the purpose of this document, the term taxiway means the portion of the air operations '
area of an airport that has been designated by competent airport authority for movement of aircraft to and from the
airport's runways or aircraft parking arras.
10-46 WORK. The furnishing of all labor, materials,tools,equipment, and incidentals necessary or convenient '
to the Contractor's performance of all duties and obligations imposed by the contract,plans,and speciiications,
10-47 WORKING DAY. A working day shall be any day other than a legal holiday, city holiday, Saturday,or '
Sunday on which the normal woddng forces of the Contractor may proceed with regular work for at least 6 hours
toward completion of the contract. Unless work is suspended for causes beyond the Contractor's control,
Saturdays, Sundays and holidays on which the Contractor's forces engage in regular work, requiring the presence ,
of an inspector,will be considered as working days.
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,• SECTION 20
' PROPOSAL REQUIREMENTS AND CONDITIONS
20.01 BIDDER QUALIFICATIONS. The apparent low bidder shall furnish the owner satisfactory evidence of
their competency and financial capability to perform the proposed work. The Bidder shall demonstrate that they
are a responsible firm that possesses the skills, abilities, and integrity to faithfully perform the project work.
Evidence of competency shall consist of statements covering the Bidder's past experience on similar work, a
listing of plant and equipment immediately available for use on the project, and a listing of key personnel that are
available for the project. The listing for plant and equipment shall identify the type,the capacity and the present
condition of the item.
Evidence of financial responsibility shall consist of a confidential statement or report of the Bidder's financial
resources and liabilities as of the last calendar year. A public accountant must certify such statements and reports.
If the Bidder is presently pre-qualified with the Missouri Department of Transportation(MoDOT),evidence of this
pre-qualification may serve as evidence of financial responsibility in lieu of the certified financial statements and
' reports.
The apparent low bidder shall submit "evidence of competency" and"evidence of financial responsibility"to the
owner no later than 3 days after the specified date for opening bids.
' 20.01 BID DOCUMENTSIPROJECT MANUAL. The bid documents are comprised of the following; Notice-to-
Bidders, Instruct ions-to-Bidders, Gencral Provisions, Supplementary Provisions,Technical Specifications,Project
Drawings, Proposal Form, Performance and Payment Bonds, Form of Contract Agreement, any authorized
addenda issued by the Owner and any docu acm incorporated in whole or In part by reference therein.
All documents comprising the Bid Documents arc complementary to one another and together establish the
Mcomplete terms,conditions and obligations of the successful bidder.
Those individual elements of the Contract Documents that are bound together shall also be referred to as the
Project Manual.No part of the project manual that is bound may be removal or detached.
Prospective bidders may obtain a copy of the project manual and project drawings from the designated offiee
identified within this Notice-to-Bidders.
' 20.03 MODIFICATIONS TO PROJECT DOCUMENTS Modifications to the project documents may only be
made by written addendum issued by the Owner or the Engineer. Verbal explanations, interpretations or
comments made by the Owner or Owner's representative shall not be binding, Addenda will be transmitted to all
known official plan holders. Each bidder shall certify in the Proposal Form at the time of bid submittal,that they
acknowledge receipt of all issued addenda.
' 20.04 ERRORS AND DISCREPANCIES IN PROJECT DOCUMENTS Should Bidder find an error,discrepancy,
ambiguity or omission in the project documents prior to submittal of a proposal, the Bidder is obligated to contact
the Owner or Engineer with written notice of the error, discrepancy, ambiguity or omission. The written notice
shall identify the nature and location of the error, discrepancy, ambiguity or omission. Corrections or
modifications to the project documents will only be made by wmtten addendum as prescribed herein. By submittal
of a Bid Proposal, Bidder represents that they have thoroughly reviewed the project documents and that they have
not identified any error,discrepancy, ambiguity or omission that would affect cost, progress or performance of the
' project work.
20.05 CLARIFICATIONS AND INTERPRETATIONS A bidder requiring a clarification or interpretation of the
project documents shall make a written request to the Owner or Engineer, The Owner or Engineer must receive
the written request a minimum of seven(7)calendar days prior to the date of the bid opening.
. 20.06 ISSUANCE OF PROPOSAL FORMS, The owner reserves the right to refuse to issue a proposal form to a
' prospective bidder should such bidder be in default for any of the following reasons:
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a. Failure to comply with any prcqualification regulations of the owner, if such regulations are cited, or •,
otherwise included, in the proposal as a requirement for bidding. ,
b. Failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force
(with the owner)at the time the owner issues the proposal to a prospective bidder.
c. Contractor default under previous contracts with the owner. '
d. Unsatisfactory work on previous contracts with the owner. ,
20-07 INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES. An estimate of quantities of work to
be done and materials to be furnished under these specifications is stated within the project manual, This estimate
is a result of careful calculations and is believed to be correct.The estimated quantities are given only as a basis for '
comparison of proposals and the award of the contract. The owner does not expressly or impliedly agree that the
actual quantities involved will correspond exactly with the estimated quantities. The bidder shall not plead
misunderstanding or deception because of such estimates of quantities, or of the character, location, or other '
conditions pertaining to the work. Payment to the Contractor will be made only for the actual quantities of work
performed or materials furnished in accordance with the plans and specifications. It is understood that the
quantities may be increased or decreased as hereinafter provided in the subsection titled"Alteration of Work and
Quantities"of the general provisions without in any way invalidating the unit bid prices. '
20-08 EXAMINATION OF PLANS, SPECIFICATIONS, AND SITE CONDITIONS. The bidder is expected to
carefully examine the site of the proposal work,the proposal,drawings,specifications,terms and conditions of the ,
proposed agreement and the form of agreement. The Bidder shall satisfy themselves as to the character, quality,
and quantities of work to be performed, materials to be furnished, and as to the requirements of the proposed
contract. The submission of a proposal shall be prima facie evidence that the bidder has made such examination
and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the
proposal contract,plans,and specifications.
Boring logs and other records of subsurface investigations and tests,as appropriate may be available for inspection '
by the bidder. It is understood and agreed that such subsurface information, whether included in the project
drawings, specifications, or otherwise made available to the bidder, was obtained and is intended for the owner's
design and estimating purposes only. Such information has been made available for the convenience of all bidders.
It Is further understood and agreed that the bidder is solely responsible for all assumptions, deductions, or '
conclusions which he or she may make or obtain from his or her examination of the boring logs and other records
of subsurface investigations and tests that are furnished by the owner.
20-09 PREPARATION OF THE BID PROPOSAL, All bid proposals shall be made an the forms provided by the '
owner within the bound Project Manual. No bidder may submit more than one proposal. Each bidder shall specify
in the bid, in figures, a unit price for each of the separate items listed in the bid proposal,except a unit price entry
will not be necessary for those items having a quantity of one, and only the amount for that item need be entered. '
Zero will be considered a valid bid. The bidder shall not enter zero in an), "Unit Price" field unless zero is the
intended bid for that item. A unit price IcR blank,with or without an extension,other than items having a quantity
of one, will be considered as zero by the owner. The bidder shall show the products of the respective unit prices
and quantities in the amount column provided for that purpose. These extensions shall be totaled and in case of '
errors or discrepancies in extensions, the unit prices shall govern. All entries in the bid shall be in ink. If, in the
sole discretion of the owner, an obvious and apparent clerical error exists in the unit bid price for an item due to a
misplaced decimal, but the extension appears to be correct and as intended in all respects, the owner may correct ,
the unit price bid in accordance with the extension listed. All errors In extensions or totals will be corrected by the
owner and such corrected extensions and totals will be used in comparing bids.
Bids shall not contain interlineations, alterations or erasures except a bidder may alter or correct a unit price,lump ,
sum price or extension entered on the Proposal Form by crossing out the figure with ink and entering a new unit •
price, lump sum bid or extension above or below in ink with their initials.
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,• The proposal shall be signed and dated by an nuthorized representative of the bidder. All signatures shall be made
with an ink pen. The bidder's representative shall have the legal authority to obligate and bind the bidder to the
terms and conditions of the contract. The bidder shall legibly state the name of the bidder's representative, the
legal name of the bidder,the address of the bidder including City,State and Zip Code.
• For bids by corporations,an officer of the corporation shall sign the bid,the State of incorporation shall be
identified and the corporate seal affixed.
• For bids submitted by an agent,evidence of the power of attorney shall be attached to the bid.
' • For bids submitted by a partnership or joint venture, the proposal shall identify the name of all firms and
the authorized panics of all firms, A copy of the partnership/joint agreement shall be provided to the
owner as an attachment to the proposal.
20.10 BID GUARANTY. No bid will be considered unless accompanied by a certified check or cashier's check
on any bank or trust company insured by the Federal Deposit Insurance Corporation,payable to the owner,for not
' less than five (5) percent of the amount of the bid, or by a bid bond secured by an approved surety or sureties
(licensed to conduct surety business in the state of Missouri),payable to the owner,for not less than five(5)percent
of the amount of the bid,
20.11 SUBMISSION OF BID PROPOSAL. Proposals shall be sent to arrive at the specified time and date for
receipt of bids. Proposals received after the specified time will not receive consideration and will be returned
unopened. Each proposal shall be submitted in a scaled envelope addressed to the office location identified in the
Notice-to-Bidders.The upper left hand comer of the envelope shall be marked as follows:
Scaled Bid Proposal
Hid of (NAME OF BIDDERI
For construction improvements at Jefferson City Memorial Airport
State Block Grant Project No.: AIRE 035.40B
To be opened at: 1:30 PM.Tuesday, April 4.2006
' For a modification to a previously submitted proposal, insert "Modification to Proposal" in place of"Sealed Bid
Proposal".
' 20-12 MODIFICATION OR WITHDRAWAL OF BID PROPOSAL. Bidder may modify or withdraw their
proposal at any point up to the specified time and date identified for receipt of proposals. Any request for bid
withdrawal or modification by the Bidder that is received after the specified time and date for receipt of proposals
will be returned unopened to the sender.
Any modification to a Bidder's proposal,subject to the time constraint noted herein, must be made on the proposal
forms contained in the project manual, The Bidder's authorized representative must sign the modification, The
' modification shall be placed in a sealed envelope and the statement "Modification to Proposal" shall be legibly
narked in the upper left hand corner. Withdrawal of a proposal may be made,subject to the time constraint noted
herein,only with written confirmation under signature of the Bidder.
20.13 BID OPENING. All proposals submitted prior to the stated time and date for receipt of bids will be publicly
opened and read aloud by the Owner or the Owner's representative. Bidders, their authorized agents, and other
interested parties are invited to attend. Proposals submitted after the stated time and date for receipt of bids will be
' automatically rejected without consideration and will be returned unopened.
20.14 DISQUALIFICATION OF BID PROPOSALS. The Owner reserves the right to reject any or all bids, as
determined to be in the best interest of the Owner. Causes for rejection of proposals include but are not limited to:
' • Submittal of more than one proposal from the same partnership,firm or corporation;
• • Failure by Bidder to submit the bid prior to the stated time and date.for receipt of bids;
' • Failure by Bidder to furnish satisfactory bid guarantee;
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• Failure by Bidder to provide all information required of the bid forms; '
• Failure by Bidder to comply with the requirements of bid instructions; •
• Failure by the Bidder to demonstrate good faith efforts in obtaining participation by certified DBE firms; '
• Determination by the Owner that Bidder is not qualified to accomplish the project work;
• Determination by the Owner that the Bidder has placed conditions on or qualified their proposal;
• Discovery of any alteration,interlincations or erasure of any project requirement by the Bidder,
;, • inclusion of the Bidder on the "Excluded Parties Listing System" as maintained and published by the
General Services Administration; ,
` • Evidence of collusion among bidders,
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,• SECTION 30
AWARD AND EXECUTION OF CONTRACT
3001 EVALUATION OF PROPOSALS. Proposals may be held by the Owner for purposes of review and
evaluation by the Owner for a period not to exceed 60 calendar days from the stated date for receipt of bids. The
Owner will tabulate all bids and verify proper extension of unit costs. The Bidder shall honor their proposal for the
duration of this period of review and evaluation. The bid guaranty will be held by the Owner until this period of
review has expired or a contract has been formally executed.
' 30-02 CANCELLATION OF AWARD. At any time prior to execution of a contract agreement, the Owner
reserves the right to cancel the award for any reason without liability to the Bidder,with the exception of the return
of the bid guaranty,at any time prior to execution of the contract.
' 30-03 NOTICE OF AWARD OF CONTRACT. It is the intent of the Owner, alter a period of review and
evaluation, to award a contract to the responsible bidder that submits the lowest responsive proposal. The
successful bidder will be informed their bid has been accepted through the Owner's issuance of a Notice-of-Award,
The Notice-of-Award shall not be construed as a binding agreement. The proper execution of a contract agreement
shall serve as the binding agreement.
Award of this contract is conditioned upon MoDOT concurring in award of contract,The issuance of the Notice-of-
' Award will not be made until MoDOT has concurred in award.
Union specifically stated, the owner reserves the right to accept alternates in any order or combination, which in
the judgment of the Owner,best serves the Owner's interest.
30-04 RETURN OF BID GUARANTY. The bid guaranty of the successful Bidder will be returned upon
successful execution of the contract documents as specified herein. Failure by the successful Bidder to execute the
N contract documents within the specified time shall result in forfeiture of the bid guaranty. The bid guaranty of the
second and third lowest responsible bidders will be retained for a period of 60 days pending the execution of the
contract documents by the successful bidder. Except as noted above, the bid guaranty of unsuccessful bidders"I
be returned at the point their proposal is rejected.
' 30-05 CONTRACT AGREEMENT. The successful Bidder shall execute the contract agreement in accordance
with the accepted bid proposal within thirty (30) days of the date of the Notice-of-Award. Failure to execute the
contract agreement within the specified time frame may result in the bid being awarded to the next low bidder and
shall result in the forlchum of the Bidder's bid guarantee as a liquidated damage.
30.06 PERFORMANCE AND PAYMENT BONDS The successful Bidder shall furnish separate performance
and payment bonds each in the amount of 100%of Ure contract price. The bonds shall be made payable to the
Owner as security for faithful performance of the contract and for the payment of all persons,firms or corporations
to whom the Bidder may become legally indebted for labor, materials, tools, equipment or services in the
performance of the project work. The form of the bond shall be that provided within the project manual. The
' current power of attorney for the person signing the bond as a representative of the surety shall be attached to the
bonds.
The executed bonds shall be delivered to the Owner within fi0ccn (15) calendar days from the date of centred
' execution.Bonds should not be executed prior to execution of the contract agreement.The bonds shall be issued by
a solvent Surety,which is certified to operate within the State the project work is located and which is listed in the
current issue of the U.S.Treasury Circular 570, If specifically requested by the Owner, the successful Bidder shall
obtain and submit information on the surety's financial strength rating.
30-07 CERTIFICATES OF INSURANCE The successful Bidder shall furnish to the Owner all required
certificates of insurance as specified within the project manual.
30-08 APPROVAL OF CONTRACT. Upon receipt of the Contract Agreement,Contract Bonds and Certificate of
Insurance as executed by the successful Bidder, the Owner will complete execution of the contract conditioned
• upon the Owner's judgment that it remains in their best interest to enter into the Agreement.
Delivery of the fully executed Contract Agreement to the successful Bidder shall constitute the Owner's approval to ,
be bound by the successful Bidder's proposal and all terms and conditions of the Contract Agreement. •
Upon satisfactory execution of the contract by the successful Bidder and the Owner, all references to"Bidder" in
the bid documents become equivalent to the term"Contractor".
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1• SECTION 40
' SCOPE OF WORK
40-01 INTENT OF CONTRACT. The intent of the contract is to provide for construction and completion, in
every detail, of the work described. It is further intended that the Contractor shall famish all labor, materials,
equipment, tools, transportation, and supplies required to complete the work in accordance with the plans,
specifications,and terms of the contract.
' 40-02 ALTERATION OF WORK AND QUANTITIES, The owner reserves and shall have the right to make such
alterations in the work as may be necessary or desirable to complete the work originally intended in an acceptable
manner. Unless otherwise specified herein, the Engineer shall be and is hereby authorized to make such
' alterations in the work as may increase or decrease the originally awarded contract quantities, provided that the
aggregate of such alterations does not change the total contract cost or the total cost of any major contract item by
more than 25 percent (total cost being based on the unit prices and estimated quantities in the awarded contract).
Alterations which do not exceed the 25 percent limitation shall not invalidate the contract nor release the surety,
and the Contractor agrees to accept payment for such alterations as if the altered work had been a part of the
original contract. These alterations which am for work within the general scope of the contract shall be covered by
"Change Orders"issued by the Engineer. Change orders for altered work shall include extensions of contract time
' where,in the Engineer's opinion,such extensions are commensurate with the amount and difficulty of added work.
Should the aggregate amount of altered work exceed the 25 percent limitation hcreinbeforc specified, such excess
' altered work shall be covered by supplemental agreement, If the owner and the Contractor arc unable to agree on a
unit adjustment for any contract item that requires a supplemental agreement, the owner reserves the right to
terminate the contract with respect to the item and make other arrangements for its completion.
N All supplemental agreements shall be approved by the Missouri Department of Transportation's Aviation
Section and shall include valid wage determinations of the U,S,Department of Labor and Missouri Division
of Labor Standards when the amount of the supplemental agreement exceeds $2,000. However, if the
' Contractor elects to waive the limitations on work that increases or decreases the originally awarded contract
or any major contract item by more than 25 percent, the supplemental agreement shall be subject to the
same U.S. Department of Labor and Missouri Division of Labor Standards wage determination as was
t included in the originally awarded contract.
All supplemental agreements shall require consent of the Contractors surely and separate performance and
payment bonds.
' 40-03 OMITTED ITEMS. The Engineer may, in the owner's best interest,omit from the work any contract item,
except major contract items. Major contract items may be omitted by a supplemental agreement. Such omission of
contract items shall not invalidate any other contract provision or requirement.
Should a contract item be omitted or otherwise ordered to be nonperformed, the Contractor shall be paid for all
work performed toward completion of such item prior to the date of time order to omit such item. Payment for work
' performed shall be in accordance with the subsection titled PAYMENT FOR OMITTED ITEMS of Section 90,
40-04 EXTRA WORK. Should acceptable completion of the contract require the Contractor to perform an item of
work for which no basis of payment has been provided in the original contract or previously issued change orders
or supplemental agreements, the same shall be called Extra Work. Extra work that is within the general scope of
the contract shall be covered by written change order. Change orders for such extra work shall contain agreed unit
' prices for performing time change order work in accordance with the requirements specified in the order,and shall
contain any adjustment to the contract time that, in the Engineer's opinion, is necessary for completion of such
• extra work.
When determined by the Engineer to be In the owner's best interest, he may order the Contractor to proceed with •'
extra work by force account as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE
ACCOUNT WORK of Section 90. '
Extra work that is necessary for acceptable completion of the project, but is not within the general scope of the
work covered by the original contract shall be covered by a Supplemental Agreement as hereinbeforc defined in the ,
subsection titled SUPPLEMENTAL AGREEMENT of Section 10.
Any claim for payment of extra work that is not covered by written agreement (change order or supplemental
agreement)shall be rejected by the owner. ,
40.05 MAINTENANCE OF TRAFFIC. It is the explicit intention of the contract that the safety of aircraft, as
well as the Contractor's equipment and personnel, is the most important oonsidcration. It is understood and agreed ,
that the Contractor shall provide for the free and unobstructed movement of aircraft in the air operations areas of
the airport with respect to his/her own operations and the operations of all his/her subcontractors as specified in the
subsection titled LIMITATION OF OPERATIONS of Section 80. It is further understood and agreed that the
Contractor shall provide for the uninterrupted operation of visual and electronic signals(including power supplies '
thereto) used in the guidance of aircraft while operating to, from, and upon the airport as specified in the
subsection tilled CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF
OTHERS in Section 70. '
With respect to his/her own operations and the operations of nil his/her subcontractors, the Contractor shall
provide marking, lighting, and other acceptable means of identifying: personnel; equipment; vehicles; storage '
areas; and any work area or condition that may be hazardous to the operation of aircraft,fire-rescue equipment,or
maintenance vehicles at the airport.
When the contract requires the maintenance of vehicular lrafHc on an existing road, street,or highway during the
Contractor's performance of work that is otherwise provided for in the contract, plans, and specifications, the
Contractor shall keep such road, street, or highway open to all traffic and shall provide such maintenance as may
be required to accommodate traffic. The Contractor shall furnish erect, and maintain barricades, warning signs, ,
flagmen, and other traffic control devices in reasonable conformity with the manual of Uniform Traffic Control
Devices for Streets and Highways(published by the United States Government Printing Office), unless otherwise
specified herein. The Contractor shall also construct and maintain in a safe condition any temporary connections t
necessary for ingress to and egress from abutting property or intersecting roads, streets or highways. Unless
otherwise specified herein, the Contractor will not be required to furnish snow removal for such existing road,
street,or highway.
The Contractor shall make his/her own estimate of all labor, materials, equipment, and incidentals necessary for '
providing the maintenance of aircraft and vehicular traffic as specified in this subsection.
The cost of maintaining the aircmfl and vehicular traffic specified in this subsection shall not be measured or paid '
for directly,but shall be included in the various contract items,
40-06 REMOVAL OF EXISTING STRUCTURES. All existing structures encountered within the established '
lines, grades,or grading sections shall be removed by the Contractor,unless such existing structures are otherwise
specified to be relocated, adjusted up or down, salvaged, abandoned in place, reused in the work or to remain in
place. The cost of removing such existing structures shall not be measured or paid for directly, but shall be ,
Included in the various contract Items.
Should the Contractor encounter an existing structure (above or below ground) in the work for which the '
disposition is not indicated on the plans, the Engineer shall be notified prior to disturbing such structure, The
disposition of existing structures so encountered shall be immediately determined by the Engineer in accordance •
with the provisions of the contract.
,• Except as provided In the subsection titled RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK of
this section,it is intended that all existing materials or structures that may be encountered(within the lines, grades,
or grading sections established for completion of the work) shill be utilized in the work as otherwise provided for
in the contract and shall remain the property of the owner when so utilized in the work.
R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R
The removal of large or complicated existing structures such as box-culverts, underground storage tanks,
large underground electrical vaults,large reinforced concrete structures or foundations, or similar existing
' airport facilities should be provided for in separate technical specifications. Contract pay items should also
be provided in the contract proposal to cover payment for such work.
R R R R R R R R R R R R R R • R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R R
' 40-07 RIGHTS IN AND USE OF MATERIALS FOUND IN THE WORK. Should the Contractor encounter any
material such as (but not restricted to) sand, stone, gravel, slag, or concrete slabs within the established lines,
grades, or grading sections, the use of which is intended by the terms of the contract to be either embankment or
waste,he may at his/her option either:
a. Use such material in another contract item, providing such use is approved by the Engineer and is in
conformance with the contract specifications applicable to such use;or,
b. Remove such material from the site,upon written approval of the Engineer,or
' c. Use such material for his/her own temporary construction on site;or,
d. Use such material as intended by the terms of the contract.
Should the Contractor wish to exercise option a., b., or c., he shall request the Engineer's approval in advance of
such use.
' Should the Engineer approve the Contractor's request to exercise option a., b., or c., the Contractor shall be paid
for the excavation or removal of such material at the applicable contract price. The Contractor shall replace, at
his/her own expense, such removed or excavated material with an agreed equal volume of material that is
' acceptable for use in constructing embankment, backfills,or otherwise to the extent that such replacement material
is needed to complete the contract work. The Contractor shall not be charged for his/her use of such material so
used in the work or removed from the site.
Should the Engineer approve the Contractor's exercise of option a., the Contractor shall be pall,at the applicable
contract price, for furnishing and installing such material in accordance with requirements of the contract item in
which the material is used.
' It is understood and agreed that the Contractor shall make no claim for delays by reason of his/her exercise of
option a.,b.,or c.
' The Contractor shall not excavate, remove,or otherwise disturb any material,structure,or pan of a structure which
is located outside the lines, grades, or grading sections established for(tic work, except where such excavation or
removal is provided for in the contract,plans,or specifications.
' 40-09 FINAL CLEANING UP. Upon completion of the work and before acceptance and final payment will be
made, the Contractor shall remove from the site all machinery, equipment, surplus and discarded materials,
' rubbish,temporary structures,and stumps or portions of trees. He shall cut all brush and woods within the limits
indicated and shall leave the site in a neat and presentable condition. Material cleared from the site and deposited
. on adjacent property will not be considered as having been disposed of satisfactorily, unless the Contractor has
obtained the written permission of such property owner.
SECTION SO �I
CONTROL OF WORK ,
50-01 AUTHORITY OF THE ENGINEER The Engineer shall decide any and all questions which may arise as
to the quality and acceptability of materials furnished, work performed,and as to the manner of performance and '
rate of progress of the work. He shall decide all questions which may arise as to the interpretation of the
specifications or plans relating to the work, the fulfillment of the contract on the pail of the Contractor, and the
rights of different Contractors on the project. The Engineer shall determine the amount and quality of the several
kinds of work performed and materials furnished which are to be paid for the under contract. ,
30-02 CONFORMITY WITH PLANS AND SPECIFICATIONS. All work and all materials furnished shall be in
reasonably close conformity with the lines, grades, grading sections, cross sections, dimensions, material ,
requirements, and testing requirements that are specified (including specified tolerances)in the contract, plans or
specifications.
if the Engineer finds the materials furnished, work performed, or the finished product not within reasonably close '
conformity with the plans and specifications but that the portion of the work affected will,in his/her opinion, result
in a finished product having a level of safety, economy, durability, and workmanship acceptable to the owner,he
will advise the owner of his/her determination that the affected work be accepted and remain in place. In this '
event,the Engineer will document his/her determination and recommend to the owner a basis of acceptance which
will provide for an adjustment in the contract price for the affected portion of the work. The Engineer's
determination and recommended contract price adjustments will be based on good engineering judgment and such ,
tests or retests of the affected work as arc, in his/her opinion, needed. Changes in the contract price shall be
covered by contract modifications(change order or supplemental agreement)as applicable.
If the Engineer finds the materials furnished, work performed,or the finished product are not in reasonably close
conformity with the plans and specifications and have resulted in an unacceptable finished product, the affected
work or materials shall be removed and replaced or otherwise corrected by and at the expense of the Contractor in
accordance with the Engineer's written orders. ,
For the purpose of this subsection, the term "reasonably close conformity"shall not be construed as waiving the
Contractor's responsibility to complete the work in accordance with the contract, plans, and specifications, The ,
term shall not be construed as waiving the Engineers right to insist on strict compliance with the requirements of
the contract, plans, and specifications during lire Contractor's prosecution of the work, when, in lire Engineer's
opinion,such compliance is essential to provide an acceptable finished portion of the work..
For the purpose of this subsection,the term"reasonably close conformity"is also intended to provide the Engineer ,
with the authority to use good engineering judgment in his/her determinations as to acceptance of work that is not
in strict conformity but will provide a finished product equal to or better than that intended by the requirements of
the contract,plans and specifications, ,
50-03 COORDINATION OF CONTRACT, PLANS, AND SPECIFICATIONS. The contract, plans,
specifications, and all referenced standards cited are essential parts of lite contract requirements. A requirement ,
occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe
and provide for a complete work, In case of discrepancy, calculated dimensions will govern over scaled
dimensions; contract technical specifications shall govern over contract general provisions, plans, cited standards ,
for materials or testing, and cite! FAA advisory circulars; contract general provisions shall govern over plans,
cited standards for materials or testing, and cited FAA advisory circulars; plans shall govern over cited standards
for materials or testing and cited FAA advisory circulars. ,
The Contractor shall not take advantage of any apparent error or omission on the plans or specifications. In the
event the Contractor discovers any apparent error or discrepancy, he shall immediately call upon the Engineer for
his/her interpretation and decision,and such decision shall be final. '
'• 50.04 COOPERATION OF CONTRACTOR. The Contractor will be supplied with two copies each of the plans
and specifications. He shall have available on the work at all times one copy each of the plans and specifications.
Additional copies of plans and specifications may be obtained by the Contractor for the cost of reproduction.
The Contractor shall give constant attention to the work to facilitate the progress thereof, and lie shall cooperate
with the Engineer and his/her inspectors and with other contractors in every way possible. The Contractor shall
have a competent superintendent on the work at all times who is fully authorized as his/her agent on the work,The
superintendent shall be capable of reading and thoroughly understanding the plans and specificatons and shall
' receive and fulfill instructions from the Engineer or his/her authorized representative.
5005 COOPERATION BETWEEN CONTRACTORS. The owner reserves the right to contract for and perform
' other or additional work on or near the work covered by this contract.
When separate contracts arc let within the limits of any one project,each Contractor shall conduct his/her work so
' as not to interfere with or hinder the progress of completion of the work being performed by other Contractors,
Contractors working on the same project shall cooperate with each other as directed.
Each Contractor involved shall assume all liability,financial or otherwise, in connection with his/her contract and
' shall protect and save harmless the owner from any and all damages or claims that may arise because of
inconvenience, delays, or loss experienced by him because of the presence and operations of other Contractors
working within the limits of the same project.
' The Contractor shall arrange his/her work and shall place and dispose of the materials being used so as not to
interfere with the operations of the other Contractors within the limits of the same project. He shall join his/her
work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others,
50-06 CONSTRUCTION LAYOUT AND STAKES. The Engineer stall establish horizontal and vertical control
only. The Contractor must establish all layout required for the construction of the work, Such stakes and
' markings as the Engineer may set for either his/her own or the Contractor's guidance shall be preserved by the
Contractor. In case of negligence on the part of the Contractor,or Ids/her employees, resulting in the destruction
of such stakes or markings, an amount equal to the cost of replacing the same may be deducted from subsequent
' estimates due the Contractor at the discretion of the Engineer.
5007 AUTOMATICALLY CONTROLLED EQUIPMENT. Whenever batching or mixing plant equipment is
required to be operated automatically under the contract and a breakdown or malfunction of the automatic controls
' occurs, the equipment may be operated manually or by other methods for a period 48 hours following the
breakdown or malfunction, provided this method of operations will product results which conform to all other
requirements of the contract.
50.08 AUTHORITY AND DUTIES OF INSPECTORS. Inspectors employed by the owner shall be authorized to
inspect all work done and all material furnished. Such inspection may extend to all or any part of the work and to
the preparation, fabrication, or manufacture of the materials to be used, Inspectors are not authorized to revoke,
' alter, or waive any provision of the contract. Inspectors are not authorized to issue instructions contrary to the
plans and specifications or to act as foreman for the Contractor.
' Inspectors employed by the owner are authorized to notify the Contractor or his/her representatives of any failure of
the work or materials to conform to the requirements of the contract, plans, or specifications and to reject such
nonconforming materials in question until such issues can be referred to the Engineer for his/her decision.
' 50.09 INSPECTION OF THE WORK. All materials and each part or detail of the work shall be subject to
• inspection by the Engineer. The Engineer shall be allowed access to all parts of the work and shall be furnished
with such information and assistance by the Contractor as is required to make a complete and detailed inspection.
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If the Engineer requests it, the Contactor,at any time before acceptance of the work,shall remove or uncover such •'
portions of the finished work as may be directed. Alter examination, the Contactor shall restore said portions of
the work to the standard required by the specifications. Should the work thus exposed or examined prove '
acceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed
will be paid for as extra work;but should the work so exposed or examined prove unacceptable, the uncovering,or
removing, and the replacing of the covering or making good of the parts removed will be at the Contractor's '
expense.
Any work done or materials used without supervision or inspection by an authorized representative of the owner
may be ordered removed and replaced at the Contractor's expense unless the owner's representative failed to ,
inspect after having been given reasonable notice in writing that the work was to be performed.
Should the contact work include relocation, adjustment, or any other modification to existing facilities, not the ,
property of dte(contact) owner, authorized representatives of the owners of such facilities shall have the right to
inspect such work. Such inspection shall in no sense make any facility owner a patty to the contact,and shall in
no way interfere with the rights of the parties to this contact. '
50-10 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK. All work,which does not conform
to the requirements of the contract, plans, and specifications will be considered unacceptable, unless otherwise
determined acceptable by the Engineer as provided in the subsection titled CONFORMITY WITH PLANS AND ,
SPECIFICATIONS of this section.
Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through ,
carelessness, or any other cause found to exist prior to the final acceptance of the work, shall be removed
immediately and replaced in an acceptable manner in accordance with the provisions of the subsection titled
CONTRACTOR'S RESPONSIBILITY FOR WORK of Section 70.
Work done contrary to the instructions of the Engineer, work done beyond the lines shown on the plans or as N
given,except as herein specified,or any extra work done without authority,will be considered as unauthorized and
will not be paid for under the provisions of the contact. Work so done may be ordered removed or replaced at the ,
Contractor's expense.
Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the '
provisions of this subsection, the Engineer will have authority to cause unacceptable work to be remedied or
removed and replaced and unauthorized work to be removed and to deduct the costs(incurred by the owner)from
any monies due or to become due the Contractor.
50.11 LOAD RESTRICTIONS, The Contractor shall comply with all legal load restrictions in the hauling of ,
materials on public roads beyond the limits of the work. A special permit will not relieve the Contactor of liability
for damage which may result from the moving of material or equipment. '
The operation of equipment of such weight or so loaded as to cause damage to structures or to any other type of
construction will not be permitted. Hauling of materials over the base course or surface course under construction
shall be limited as directed. No loads will be permitted on a concrete pavement, base, or structure before the '
expiation of the curing period. The Contractor shall be responsible for all damage done by hisJhcr hauling
equipment and shall correct such damage at bWher own expense.
50-12 MAINTENANCE DURING CONSTRUCTION. The Contractor shall maintain the work during '
construction and until the work is accepted. This maintenance shall constitute continuous and effective work
prosecuted day by day, with adequate equipment and forces so that the work is maintained in satisfactory condition ,
at all times.
In the case of a contact for the placing of a course upon a course or subgade previously constructed, the •
Contactor shall maintain the previous course or subgade during all construction operations. 1
,• All costs of maintenance work during construction and before the project is accepted shall be included in the unit
prices bid on the various contract items,and the Contractor will not be paid an additional amount for such work.
50.13 FAILURE TO MAINTAIN THE WORK. Should the Contractor al any time fail to maintain the work as
provided in the subsection titled MAINTENANCE DURING CONSTRUCTION of this section,the Engineer shall
immediately notify the Contractor of such noncompliance. Such notification shall specify a reasonable time within
which the Contractor shall be required to rcmedy such unsatisfactory maintenance condition. The time specified
will give due consideration to the exigency that exists.
' Should the Contractor fail to respond to the Engineer's notification,the Engineer may suspend any work necessary
for the owner to correct such unsatisfactory maintenance condition, depending on the exigency that exists. Any
' maintenance cost incurred by the owner,shall be deducted from monies due or to become due the Contractor.
50-14 PARTIAL ACCEPTANCE. if at any time during the prosecution of the project the Contractor substantially
completes a usable unit or portion of the work, the occupancy of which will benefit the owner, he may request the
Engineer to make final inspection of that unit. If the Engineer finds upon inspection that the unit has been
satisfactorily completed in compliance with the contract, he may accept it as being completed, and the Contractor
may be relieved of further responsibility for that unit. Such partial acceptance and beneficial occupancy by the
' owner shall not void or alter any provision of the contract.
50-15 FINAL ACCEPTANCE. Upon due notice from the Contractor of presumptive completion of the entire
' project, the Engineer and owner will make an inspection. If all construction provided for and contemplated by the
contract is found to be completed in accordance with the contract, plans, and specifications, such inspection shall
constitute the final inspection.The Engineer shall notify the Contractor in writing of final acceptance as of the date
of the final inspection,
NIf, however, the inspection discloses any work, in whole or in part, as being unsatisfactory, the Engineer will give
the Contractor the necessary instructions for correction of same and the Contractor shall immediately comply with
and execute such instructions. Upon correction of the work,another inspection will be made which shall constitute
the final inspection, provided the work has been satisfactorily completed. In such event, the Engineer will make
the final acceptance and notify the Contractor In writing of this acceptance as of the date of final inspection.
' 50.16 CLAIMS FOR ADJUSTMENT AND DISPUTES. If for any reason the Contractor deems that additional
compensation is due him for work or materials not clearly provided for in the contract, plans, or specifications or
previously authorized as extra work, hie shall notify the Engineer in writing of his/her intention to claim such
' additional compensation before he begins the work on which he bases the claim. If such notification is not given
or the Engineer is not afforded proper opportunity by the Contractor for keeping strict account of actual cost as
required, then the Contractor hereby agrees to waive any claim for such additional compensation. Such notice by
' the Contractor and the fact that the Engineer has kept account of the cost of the work shall not in any way be
construed as proving or substantiating the validity of the claim. When the work on which the claim for additional
compensation is based has been completed, the Contractor shall, within 10 calendar days, submit his/her written
claim to the Engineer who will present it to the owner for consideration In accordance with local laws or
' ordinances.
Nothing in this subsection shall be construed as a waiver of the Contractor's right to dispute final payment based
on differences in measurements or computations.
50.17 COST REDUCTION INCENTIVE.The provisions of this subsection will apply only to contracts awarded to
' the lowest bidder pursuant to competitive bidding.
• On projects with original contract amounts in excess of$100,000, the Contractor may submit to the Engineer, in
writing, proposals for modifying the plans,specifications or other requirements of the contract for the sole purpose
' of reducing the cost of construction. The cost reduction proposal shall not impair, in any manner, the essential
functions or characteristics of the project, including but not limited to service life, economy of operation, case of '
maintenance, desired appearance, design and safety standards. This provision shall not apply unless the proposal •
submitted is specifically identified by the Contractor as being presented for consideration as a value engineering ,
proposal.
Not eligible for cost reduction proposals arc changes in the basic design of a pavement type, runway and taxiway '
lighting, visual aids, hydraulic capacity of drainage facilities, or changes in grade or alignment that reduce the
geometric standards of the project.
As a minimum, the following information shall be submitted by file Contractor with each proposal: '
b, A description of both existing contract requirements for performing the work and the proposed changes,with a
discussion of the comparative advantages and disadvantages of each; t
c. An itemization of the contract requirements that must be changed if the proposal is adopted;
d. A detailed estimate of the cost of performing the work under the existing contract and under the proposed '
changes;
c. A statement of the time by which a change order adopting the proposal must be issued; '
E A statement of the effect adoption of the proposal will have on the time for completion of the contract;and
g. The contract items of work affected by the proposed changes, including any quantity variation attributable to t
them.
The Contractor may withdraw, in whole or in part, any cost reduction proposal not accepted by the Engineer,
within the period specified in the proposal. The provisions of this subsection shall not be construed to require the
Engineer to consider any cast reduction proposal which may be submitted,
The Contractor shall continue to perform the work in accordance with the requirements of the contract until a '
change order incorporating the cost reduction proposal has been issued. If a change order has not been issued by
the date upon which the Contractor's cost reduction proposal specifies that a decision should be made, or such
other date as the Contractor may subsequently have requested in writing, such cost reduction proposal shall be '
deemed rejected.
The Engineer shall be the sole judge of the acceptability of a cost reduction proposal and of the estimated net '
savings from the adoption of all or any part of such proposal. In determining the estimated net savings, the
Engineer may disregard the contract bid prices if, in the Engineer's judgement such prices do not represent a fair
measure of the value of the work to be performed or deleted. '
The owner may require the Contractor to share in the owner's costs of investigating a cost reduction proposal
submitted by the Contractor as a condition of considering such proposal. Where such a condition is imposed, the
Contractor shall acknowledge acceptance of it in writing. Such acceptance shall constitute full authority for the '
owner to deduct the cost of investigating a cost reduction proposal from amounts payable to the Contractor under
the contract.
If fire Contractor's cost reduction proposal is accepted in whole or in pan, such acceptance will be by a contract '
change order which shall specifically state that it is executed pursuant to this subsection. Such change order shall
incorporate the changes in the plans and specifications which are necessary to permit the cost reduction proposal or
such pan of it as has been accepted and shall include any conditions upon which the Engineer's approval is based. ,
The change order shall also set forth the estimated net savings attributable to the cost reduction proposal. The net •
savings shall be determined as the difference in costs between the original contract costs for the involved work
items and the costs occurring as a result of the proposed change. The change order shall also establish the net '
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1 savings agreed upon and shall provide for adjustment in the contract price that will divide the net savings equally
• between the Contractor and the Owner.
,1 The Contractor's 50 percent share of the net savings shall constitute full compensation to the Contractor for the
cost reduction proposal and the performance of the work.
1 Acceptance of the cost-reduction proposal and performance of the cost-reduction work shall not extend the time of
completion of the contract unless specifically provided for in the contract change order.
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SECTION 60 •'
CONTROL OF MATERIALS ,
60-01 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS, The materials used on the work shall conform
to the requirements of the contract, plans, and specifications. Unless otherwise specified, such materials that are '
manufactured or processed shall be new(as compared to used or reprocessed),
In order to expedite the inspection and testing of materials, the Contractor shall furnish complete statements to the
Engineer as to the origin, composition, and manufacture of all materials to be used in the work. Such statements '
shall be furnished promptly after execution of the contract but,in all cases,prior to delivery of such materials.
At the Engincer's option, materials may be approved at the source of supply before delivery is stated. If it is found ,
after trial that sources-of supply for previously approved materials do not produce specified products, the
Contractor shall famish materials from other sources.
The Contractor shall furnish airport lighting equipment that conforms to the requirements of cited materials '
specifications. In addition, where an FAA specification for airport lighting equipment is cited in the plans or
specificatiods,.fhe Contractor shall furnish such equipment that is:
a.• Listed in FAA Advisory Circular (AC) 150/5345-53, Airport Lighting Equipment Certification
Program,that is in effect on the date of advertisement;and,
b. Produced by the manufacturer quaked(by FAA)to produce such specified and listed equipment. ,
The following airport lighting equipment is required for this contract and is to be furnished by the Contractor in
accordance with the requirements of this subsection:
EQUIPMENT NAME
CITED FAA SPECIFICATIONS '
EFFECTIVE FAA AC OR APPROVAL LETTER FOR EQUIPMENT AND MANUFACTURER
60-02 SAMPLES, TESTS, AND CITED SPECIFICATIONS. All materials used in the work shall be Inspected,
tested,and approved by the Engineer before incorporation in the work. Any work in which untested materials are ,
used without approval or written permission of the Engineer shall be performed at the Contractor's risk. Materials
found to be unacceptable and unauthorized will not be paid for and, if directed by the Engineer, shall be removed
at the Contractor's expense. Unless otherwise designated, tests in accordance with the cited standard methods of ,
AASHTO or ASTM which are current an the date of advertisement for bids will be made by and at the expense of
the owner. Samples will be taken by a qualified representative of the owner. All materials being used are subject to
inspection, test, or rejection at any time prior to or during incorporation into the work.. Copies of all tests will be '
furnished to the Contractor's representative at his/her request.
60-03 CERTIFICATION OF COMPLIANCE, The Engineer may permit the use,prior to sampling and testing,of
certain materials or assemblies when accompanied by manufacturer's certificates of compliance stating that such ,
materials or assemblies fully comply with the requirements of the contract, The certificate shall be signed by the
manufacturer. Each lot of such materials or assemblies delivered to the work must be accompanied by a certificate
of compliance in which the lot is clearly identified. '
Materials or assemblies used on the basis of certificates of compliance may be sampled and tested at any time and
if found not to be in conformity with contract requirements will be subject to rejection whether in place or not. '
The form and distribution of certificates of compliance shall be as approved by the Engineer. •
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'. When a material or assembly is specified by "brand name or equal' and the Contractor elects to furnish the
specified"brand name,"the Contractor shall be required to furnish the manufacturer's certificate of compliance for
' each lot of such material or assembly delivered to the work. Such certificate of compliance shall clearly identify
each tot delivered and shall certify as to:
a. Conformance to the specified performance,testing,quality or dimensional requirements;and,
b. Suitability of the material or assembly for the use intended in the contract work.
' Should the Contractor propose to furnish an "or equal"material or assembly, he shall furnish the manufacturer's
certificates of compliance as hereinbefore described for the specified brand name material or assembly. However,
the Engineer shall be the sole judge as to whether the proposed"or equal"is suitable for use in the work.
The Engineer reserves the right to refuse permission for use of materials or assemblies on the basis of certificates of
compliance.
' 60.04 PLANT INSPECTION. The Engineer or his/her authorized representative may inspect, at its source,any
specified material or assembly to be used in the work. Manufacturing plants may be inspected from time to time
for the purpose of determining compliance with specified manufacturing methods or materials to be used in the
' work and to obtain samples required for his/her acceptance of the material or assembly.
Should the Engineer conduct plant inspections,the following conditions shall exist:
' a. The Engineer shall have the cooperation and assistance of the Contractor and the producer with whom he
has contracted for materials.
b. The Engineer shall have full entry at all reasonable times to such parts of the plant that concern the
manufacture or production of the materials being furnished.
' c. If required by the Engineer,the Contractor shall arrange for adequate office or working space that may be
reasonably needed for conducting plant inspections. Office or working space should be conveniently located with
respect to the plant.
It is understood and agreed that the owner shall have the right to retest any material which has been tested and
approved at the source of supply oiler it has been delivered to the site. The Engineer shall have the right to reject
only material which,when retested,does not meet the requirements of the contract,plans,or specifications.
' 60-05 ENGINEER'S FIELD OFFICE AND LABORATORY. When specified and provided for as a contract item,
the Contractor shall furnish a building for the exclusive use of the Engineer as a field office and field testing
' laboratory. The building shall be furnished and maintained by the Contractor as specified herein and shall become
property of the Contractor when the contract work is completed,
60-06 STORGE OF MATERIALS. Materials shall be so stored as to assure the preservation of their quality and
' fitness for the work. Stored materials, even though approved before storage, may again be inspected prior to their
use in the work. Stored materials shall be located so as to facilitate their prompt inspection. The Contractor shall
coordinate the storage of all materials with the Engineer. Materials to be stored on airport property shall not create
' an obstruction to air navigation nor shall they interfere with the free and unobstructed movement of aircraft.
Unless otherwise shown on the plans,the storage of materials and the location of the Contractor's plant and parked
equipment or vehicles shall be as directed by the Engineer. Private property shall not be used for storage purposes
' without written permission of the owner or lessee of such property. The Contractor shall make all arrangements
and bear all expenses for the storage of materials on private property. Upon request, the Contractor shall furnish
• the Engineer a copy of the property owner's permission.
All storage sites on private or airport property shall be restored to their original condition by the Contractor at •'
his/her entire expense,except as otherwise agreed to(in writing)by the owner or lessee of the property.
60-07 UNACCEPTABLE MATERIALS. Any material or assembly that does not conform to the requirements of ,
the contract,plans, or specifications shall be considered unacceptable and shall be rejected. The Contractor shall
remove any rejected material or assembly from the site of the work,unless otherwise instructed by the Engineer. '
Rejected material or assembly, the defects of which have been corrected by the Contractor, shall not be returned to
the site of the work until such time as the Engineer has approved its used in the work.
60-08 OWNER FURNISHED MATERIALS. The Contractor shall furnish all materials required to complete the ,
work,except those speed herein(if any)to be furnished by the owner. Owner-furnished materials shall be made
available to the Contractor at the location speed herein. '
All costs of handling, transportation from the specified location to the site of work, storage, and installing owner-
furnished materials shall be included in the unit price bid for the contract item in which such owner-furnished
material is used. '
After any owner-furnished material has been delivered to the location specified,the Contractor shall be responsible
for any demurrage, damage, loss,or other deficiencies which may occur during the Contractor's handling, storage, ,
or use of such owner-furnished material. The owner will deduct from any monies due or to become due the
Contractor any cost incurred by the owner in making good such loss due to the Contractor's handling,storage, or
use of owner-furnished materials. '
1• SECTION 70
LEGAL REGULATIONS AND RESPONSIBILITY TO PUBLIC
70-1 LAWS TO BE OBSERVED. Tihc Contractor shall keep fully informed of all Federal and state laws,all local
laws, ordinances, and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or
authority, which in any manner affect those engaged or employed on the work, or which in any way affect the
conduct of the work. He shall at all times observe and comply with all such laws,ordinances, regulations,orders,
and decrees; and shall protect and indemnify the owner and all his/her officers, agents, or servants against any
' claim or liability arising from or basal on the violation of any such law, ordinance, regulation, order, or decree,
whether by himself or his/her employes.
' 70-02 PERMITS, LICENSES, AND TAXES, The Contractor shall procure all permits and licenses, pay all
charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the
work,
' 70-03 PATENTED DEVICES,MATERIALS, AND PROCESSES. If the Contractor is required or desires to use
any design, device, material, or process covered by letters of patent or copyright, he shall provide for such use by
suitable legal agreement with the patentee or owner. The Contractor and the surety shall indemnify and save
harmless the owner,any third party, or political subdivision from any and all claims for infringement by reason of
the use of any such patented design, device, material or process, or any trademark or copyright, and shall
indemnify the owner for any costs, expenses, and damages which it may be obliged to pay by reason of an
' infringement,at any time during the prosecution or after the completion of the work..
7"4 RESTORATION OF SURFACES DISTURBED BY OTHERS. The owner reserves the right to authorize
the construction, reconstruction, or maintenance of any public or private utility service, FAA or National Oceanic
and Atmospheric Administration (NOAH) facility, or a utility service of another government agency at any time
during the progress of the work. To the extent that such construction, reconstruction, or maintenance has been
coordinated with the owner,such authorized work(by others)is indicated as follows:
' Owner(Utility or Other Facility)
Location(See Plan Sheet No.)
' Person to Contact(Name,Title, Address and Phone)
Except as listed above, the Contractor shall not permit any individual,firm,or corporation to excavate or otherwise
disturb such utility services or facilities located within the limits of the work without the written permission of the
' Engineer.
Should the owner of public or private utility service, FAA, or NOAA facility, or a utility service of another
' government agency be authorized to construct, reconstruct, or maintain such utility service or facility during the
progress of the work, the Contractor shall cooperate with such owners by arranging and performing the work in
this contract so as to facilitate such construction, reconstruction or maintenance by others whether or not such
work by others is listed above. When ordered as extra work by the Engineer, the Contractor shall make all
' necessary repairs to the work which are due to such authorized work by others,unless otherwise provided for in the
contract, plans, or specifications. It is understood and agreed that the Contractor shall not be entitled to make any
claim for damages due to such authorized work by others or for any delay to the work resulting from such
authorized work.
70-05 FEDERAL AID PARTICIPATION. For AIP contracts, the United States Government has agreed to
' reimburse the owner for some portion of the contract costs. Such reimbursement is made from time to time upon
the owner's(sponsor's) request to the FAA. In consideration of the United Sates Government's(FAA's)agreement
• with the owner, the owner has included provisions in this contract pursuant to the requirements of the Airport
Improvement Act of 1982, as amended by the Airport and Airway Safety and Capacity Expansion Act of 1987,and
' the Rules and Regulations of the FAA that pertain to the work.
As required by the Act, the contract work is subject to the inspection and approval of duly authorized •'
representatives of the Administrator, FAA, and is further subject to those provisions of the rules and regulations '
that arc cited in the contract,plans,or specifieations.
No requirement of the Act, the rules and regulations implementing the Act, or this contract shall be construed as ,
making the Federal Government a party to the contract nor will any such requirement interfere, in any way, with
the rights of either party to the contract.
7006 SANITARY, HEALTH, AND SAFETY PROVISIONS. The Contractor shall provide and maintain in a '
neat, sanitary condition such accommodations for the use of his/her employees as may be necessary to comply with
the requirements of the state and local Board of Health,or of other bodies or tribunals having jurisdiction.
Attention is directed to Federal, state, and local laws, rules and regulations concerning construction safety and '
health standards. The Contractor shall not require any worker to work in surroundings or under conditions are
unsanitary,hazardous,or dangerous to his/her health or safety.
70.07 PUBLIC CONVENIENCE AND SAFETY. The Contractor shall control his/her operations and those of
his/her subcontractors and all suppliers, to assure the least inconvenience to the traveling public. Under all
circumstances,safety shall be the most important consideration. ,
The Contractor shall maintain the free and unobstructed movement of aircraft and vehicular traffic with respect to
his/her own operations and those of his/her subcontractors and all suppliers in accordance with the subsection '
titled MAINTENANCE OF TRAFFIC of Section 40 hcreinlwfore specified and shall limit such operations for the
convenience and safety of the traveling public as specified in the subsection titled LIMITATION OF
OPERATIONS of Section 80 hereinafter.
70.08 BARRICADES, WARNING SIGNS, AND HAZARD MARKINGS, The Contractor shall furnish, erect, N
and maintain all barricades,warning signs,and markings for hazards necessary to protect the public and the work.
When used during periods of darkness, such barricades, warning signs, and hazard markings shall be suitably '
illuminated.
For vehicular and pedestrian traffic, the Contractor shall furnish, erect, and maintain barricades, warning signs, '
lights and other traffic control devices in reasonable conformity with the Manual of Uniform Traffic Control
Devices for Streets and Highways(published by the United States Government Printing Office).
When the work requires closing an air operations area of the airport or portion of such area, the Contractor shall '
furnish, erect, and maintain temporary markings and associated lighting conforming to the requirements of AC
150/5340-1 (current edition), Standards for Airport Markings.
The Contractor shall furnish, erect, and maintain markings and associated lighting of open trenches, excavations,
temporary stock piles, and his/her parked construction equipment that may be hazardous to the operation of
emergency fire-rescue or maintenance vcldcles on the airport in reasonable conformance to AC 150/5370-2
(current edition),Operational Safety on Airports During Construction Activity. '
The Contractor shall identify each motorized vehicle or piece of construction equipment in reasonable conformance
to AC 150/5370.2(current edition).
The Contractor shall furnish and erect all barricades, warning signs, and markings for hazards prior to
commencing work, which requires such erection and shall maintain the barricades, warning signs, and markings ,
for hazards until their dismantling is directed by the Engineer.
Open-flame type lights shall not be permitted within the air operations areas of the airport. •
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,• 70.09 USE OF EXPLOSIVES. When the use of explosives is necessary for the prosecution of the work, the
Contractor shall exercise the utmost care not to endanger life or property, including new work. The Contractor
shall be responsible for all damage resulting from the use of explosives.
All explosives shall be stored in a secure manner in compliance with all laws and ordinances, and all such storage
places shall be clearly marked. Where no local laws or ordinances apply, storage shall be provided satisfactory to
the Engineer and, in general,not closer than 1,000 feet(300 m)from the work or from any building, road,or other
place of human occupancy.
The Contractor shall notify each property owner and public utility company having structures or facilities in
proximity to the site of the work of his/her intention to use explosives, Such notice shall be given sufficiently in
advance to enable them to take such steps as they may deem necessary to protect their property from injury.
' The use of electrical blasting caps shall not be permitted on or within 1,000 feet(300 m)of the airport property.
' 70-10 PROTECTION AND RESTORATION OF PROPERTY AND LANDSCAPE. The Contractor shall be
responsible for the preservation of all public and private property, and shall protect carefully from disturbance or
damage all land monuments and property markers until the Engineer has witnessed or otherwise referenced their
location and shall not move them until directed.
The Contractor shall be responsible for all damage or injury to property of any character,during the prosecution of
the work, resulting from any act, omission, neglect, or misconduct in his/her manner or method of executing the
' work,or at any time due to defective work or materials,and said responsibility will not be released until the project
shall have been completed and accepted.
When or where any direct or indirect damage or injury is done to public or private property by or on account of any
act, omission, neglect, or misconduct in the execution of the work, or in consequence of the nonexecution thereof
by the Contractor, he shall restore, at his/her own expense, such property to a condition similar or equal to that
existing before such damage or injury was done,by repairing,or otherwise restoring as may be directed,or he shall
make good such damage or injury in an acceptable manner.
70-11 RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall indemnify and save harmless the
' Engineer and the owner and their officers, and employees from all suits actions,or claims of any character brought
because of any injuries or damage received or sustained by any person, persons, or property on account of the
operations of the Contractor, or on account of or in consequence of any neglect in safeguarding the work; or
through use of unacceptable materials in constructing the work; or because of any act or omission, neglect, or
' misconduct of said Contractor, or because of any claims or amounts recovered from any infringements of patent,
trademark,or copyright;or from any claims or amounts arising or recovered under the"Workmen's Compensation
Act," or any other law, ordinance, order, or decree. Money due the Contractor under and by virtue of his/her
' contract as may be considered necessary by the owner for such purpose may be retained for the use of the owner or,
in case no money is due, his/her surety may be held until such suit or suits, action or actions, claim or claims for
injuries or damages as aforesaid shall have been settled and suitable evidence to that effect furnished to the owner,
except that money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that
' he is adequately protected by public liability and property damage insurance.
70-12 THIRD PARTY BENEFICIARY CLAUSE. it is specifically agreed between the parties executing the
' contract that it is not intended by any of the provisions of any part of the contract to create the public or any
member thereof a third party beneficiary or to authorize anyone not a party to the contract to maintain a suit for
personal injuries or property damage pursuant to the terms or provisions of the contract.
' 70.13 OPENING SECTIONS OF THE WORK TO TRAFFIC. Should it be necessary for the Contractor to
• complete portions of the contract pork for the beneficial occupancy of the owner prior to completion of the entire
contract, such "pluming"of the work shall be specified herein and indicated on the plans, When so specified, the
' Contractor shall complete such portions of the work on or before the date specified or as otherwise specified. The
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Contractor shall make his/her own estimate of the difficulties involved in arranging his/her work to permit such •,
beneficial occupancy by the owner as described below:
phase or Description '
Requited Date or Sequence of Owner's Beneficial Occupancy
Work Shown on Plan Shect '
Upon completion of any portion of the work listed above, such portion shall be accepted by the owner in
accordance with the subsection titled PARTIAL ACCEPTANCE of Section 50.
No portion of the work may be opened by the Contractor for public use until ordered by the Engineer in writing. '
Should it become necessary to open a portion of the work to public traffic on a temporary or intermittent basis,
such openings shall be made when, in the opinion of the Engineer, such portion of the work is in an acceptable '
condition to support the intended traffic. Temporary or intermittent openings arc considered to be inherent in the
work and shall not constitute either acceptance of the portion of the work so opened or a waiver of any provision of
the contract. Any damage to the portion of the work so opened that is not attributable to traffic which is permitted ,
by the owner shall be repaired by the Contractor at his/her expense.
The Contractor shall make his/her own estimate of the inherent difficulties involved in completing the work under
the conditions heroin described and shall not claim any added compensation by reason of delay or increased cost ,
due to opening a portion of the contract work. Contractor shall refer to the approved safety plan to identify
barricade requirements and other safety requirements prior to opening up sections of work to traffic.
70-14 CONTRACTOR'S RESPONSIBILITY FOR WORK. Until the Engineer's final written acceptance of the ,
entire completed work, excepting only those portions of the work accepted in accordance with the subsection filled
PARTIAL ACCEPTANCE of Section 50, the Contractor shall have the charge and care thereof and shall take
every precaution against injury or damage to any part due to the action of the elements or from any other cause,
whether arising from the execution or from the nonexecution of the work. The Contractor shall rebuild, repair,
restore, and make good all injuries or damages to any portion of the work occasioned by any of the above causes
before final acceptance and shall bear the expense thereof including damage to the work due to unforeseeable ,
causes beyond the control of and without the fault or negligence of the Contractor, including but not restricted to
acts of God such as earthquake,tidal wave,tornado,hurricane or other cataclysmic phenomenon of nature.
If the work is suspended for any cause whatever, the Contractor shall be responsible for the work and shall take '
such precautions necessary to prevent damage to the work. The Contractor shall provide for normal drainage and
shall erect necessary temporary structures, signs, or other facilities at his/her expense. During such period of
suspension of work, the Contractor shall properly and continuously maintain in an acceptable growing condition '
all living material in newly established planting,scedings,and soddings furnished under his/her contract,and shall
take adequate precautions to protect new tree growth and other important vegetative growth against injury.
70-15 CONTRACTOR'S RESPONSIBILITY FOR UTILITY SERVICE AND FACILITIES OF OTHERS. As ,
provided in the subsection titled RESTORATION OF SURFACES DISTURBED BY OTHERS of this section, the
Contractor shall cooperate with the owner of any public or private utility service, FAA or NOAA, or a utility
service of another government agency that may be authorized by the owner to construct, reconstruct or maintain '
such utility services or facilities during the progress of the work. In addition, the Contractor shall control his/her
operations to prevent the unscheduled interruption of such utility services and facilities.
To the extent that such public or private utility services, FAA, or NOAA facilities, or utility services of another '
governmental agency are known to exist within the limits of the contract work, the approximate locations have
been indicated on the plans and the owners arc indicated as follows: ,
Utility Service or Facility •
Person to Contract(Name,Title,Address,tit Phone)
Owner's Emergency Contact(Phone) '
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,• It Is understood and agreed that the owner does not guarantee the accuracy or the completeness of the location
information relating to existing utility services, facilities, or structures that may be shown on the plans or
encountered in the work. Any inaccuracy or omission in such information shall not relieve the Contractor of
his/her responsibility to protect such existing features from damage or unscheduled interruption of service.
It is further understood and agreed that the Contractor shall, upon execution of the contract, notify the owners of
all utility services or other facilities of his/her plan of operations. Such notification shall be in writing addressed to
THE PERSON TO CONTACT as provided hcrcinbcfore in this subsection and the subsection titled
' RESTORATION OF SURFACES DISTURBED BY OTHERS of this section. A copy of each notificalion shall be
given to the Engineer.
In addition to the general written notification hereinbcfore provided, it shall be the responsibility of the Contractor
to keep such individual owners advised of changes in his/her plan of operations that would affect such owners.
Prior to commencing the work in the general vicinity of an existing utility service or facility, the Contractor shall
1 again notify each such owner of his/her plan of operation. If, in the Contractor's opinion, the owner's assistance is
needed to locate the utility service or facility or the presence of a representative of the owner is desirable to observe
the work, such advice should be included in the notification, Such notification shall be given by the most
' expeditious means to reach the utility owner's PERSON TO CONTACT no later than two normal business days
prior to the Contractor's commencement of operations in such general vicinity. The Contractor shall furnish a
written summary of the notification to the Engineer.
' The Contractor's failure to give the two day's notice hereinabove provided shall be cause for the Engineer to
suspend the Contractor's operations in the general vicinity of a utility service or facility.
Where the outside limits of an underground utility service have been located and staked on the ground, the
Contractor shall be required to use excavation methods acceptable to the Engineer within 3 feet (90 cm) of such
outside limits at such points as may be required to ensure protection from damage due to the Contractor's
' operations.
Should the Contractor damage or interrupt the operation of a utility service or facility by accident or otherwise,he
' shall immediately notify the proper authority and the Engineer and shall take all reasonable measures to prevent
further damage or interruption of service, The Contractor,in such events,shall cooperate with the utility service or
facility owner and the Engineer continuously until such damage has been repaired and service restored to the
satisfaction of the utility or facility owner.
' The Contractor shall bear all costs of damage and restoration of service to any utility service or facility due to
his/her operations whether or not due to negligence or accident. The contract owner reserves the right to deduct
such costs from any monies due or which may become due the Contractor,or his/her surety.
70.16 FURNISHING RIGHTS-OF-WAY. The owner will be responsible for furnishing all rights-of-way upon
which the work is to be constructed in advance of the Contractor's operations.
' 70-17 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the contract provisions or in
exercising any power or authority granted to him by this contract, there shall be no liability upon the Engineer,
his/her authorized representatives,or any officials of the owner either personally or as an official of the owner. It
is understood that in such matters they act solely as agents and representatives of the owner.
70-18 NO WAIVER OF LEGAL RIGHTS. Upon completion of the work,the owner will expeditiously make final
' inspection and notify the Contractor of final acceptance. Such final acceptance,however,shall not preclude or stop
• the owner from correcting any measurement, estimate, or certificate made before or after completion of the work,
nor shall the owner be precluded or stopped from recovering from the Contractor or his/her surety, or both, such
' overpayment as may be sustained,or by failure on the pan of the Contractor to fulfill his/her obligations under the
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contract. A waiver on the part of the owner of any breach of any part of the contract stool not be held to be a •1
waiver of any other or subsequent breach.
The Contractor,without prejudice to the terms of the contract,shall be liable to the owner for latent defects,fraud, 1
or such gross mistakes as may amount to fraud,or as regards the owner's rights under any warranty or guaranty.
70.19 ENVIRONMENTAL PROTECTION. The Contractor shall comply with all Federal, state, and local laws 1
and regulations controlling pollution of the environment. He shall take necessary precautions to prevent pollution
of streams, lakes, ponds, and reservoirs with fuels, oils, bitumens, chemicals, or other harmful materials and to
prevent pollution of the atmosphere from pardulatc and gaseous matter. 1
70-20 ARCHAEOLOGICAL AND HISTORICAL.FINDINGS. Unless otherwise specified in this subsection,the
Contractor is advised that the site of the work is not within any property,district,or site,and does not contain any 1
building, structure, or object listed in the current National Register of Historic Places published by the United
States Department of Interior. Should the Contractor encounter, during his/her operations, any building,part of a
building, structure, or object which is incongruous with its surroundings, he shall immediately cease operations in
that location and notify the Engineer. The Engineer will immediately investigate the Contractor's finding and will r
direct the Contractor to either resume hislher operations or to suspend operations as directed.
Should the Engineer order suspension of the Contractor's operations in order to protect an archaeological or 1
historical finding,or order the Contractor to perform extra work,such shall be covered by an appropriate contract
modification (change order or supplemental agreement) as provided in the subsection titled EXTRA WORK of
Swoon 40 and the subsection flood PAYMEN77OR EXTRA WORK AND FORCE ACCOUNT WORK of 1
Section 90.If appropriate,the contract modification shall include an extension of contract time in accordance with
the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of Section 80,
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,• SECTION 80
PROSECUTION AND PROGRESS
80.01 SUBLETTING OF CONTRACT. The owner will not recognize any subcontractor on the work. The
Contractor shall at all times when work is in progress be represented either in person, by a qualified
superintendent, or by outer designated, qualified representative who is duly authorized to receive and execute
orders of the Engineer.
' Should the Contractor elect to assign his/her contract,said assignment shall be concurred in by the surety, shall be
presented for the consideration and approval of the owner,and shall be consummated only on the written approval
of the owner. In case of approval,the Contractor shall file copies of all subcontracts with the Engineer.
' 80-02 NOTICE TO PROCEED. The notice to proceed shall state the date on which it is expected the Contractor
will begin the construction and from which date contract time will be charged. The Contractor shall begin the
work to be performed under the contract within 10 days of the date set by the Engineer in the written notice to
proceed, but in any event, the Contractor shall notify the Engineer at least 24 hours in advance of the time actual
construction operations will begin.
' 80-03 PROSECUTION AND PROGRESS. Unless otherwise specified, the Contractor shall submit his/her
progress schedule for the Engineer's approval within 10 days after the effective date of the notice to proceed. The
Contractor's progress schedule, when approved by the Engineer, may be used to establish major construction
' operations and to check on the progress of the work. The Contractor shall provide sufficient materials,equipment,
and labor to guarantee the completion of the project in accordance with the plans and specifications within the time
set forth in the proposal.
If the Contractor falls significantly behind the submitted schedule, the Contractor shall, upon the Engineer's
request, submit a revised schedule for completion of the work within the contract time and modify his/her
operations to provide such additional materials, equipment, and labor necessary to meet the revised schedule.
Should the prosecution of the work be discontinued for any reason,the Contractor shill notify the Engineer at least
24 hours in advance of resuming operations.
For AIP contracts,the Contractor shall not commence any actual construction prior to the date on which the notice
to proceed is issued by the owner.
80-04 LIMITATION OF OPERATIONS. The Contractor shall control his/her operations and the operations of
his/her subcontractors and all suppliers so as to provide for the free and unobstructed movement of aircraft in the
AIR OPERATIONS AREAS of the airport.
When the work requires the Contractor to conduct his/her operations within an AIR OPERATIONS AREA of the
airport, the work shall be coordinated with airport management (through the Engineer) at least 48 hours prior to
commencement of such work. The Contractor shall not close an AIR OPERATIONS AREA until so authorized by
the Engineer and until the necessary temporary marking and associated lighting is in place as provided in the
' subsection titled BARRICADES, WARNING SIGNS,AND HAZARD MARKINGS of Section 70.
When the contract work requires the Contractor to work within an AIR OPERATIONS AREA of the airport on an
' intermittent basis (intermittent opening and closing of the AIR OPERATIONS AREA), the Contractor shall
maintain constant communications as hereinafter specified; immediately obey all instructions to vacate the AIR
OPERATIONS AREA; immediately obey all instructions to resume work in such AIR OPERATIONS AREA.
' Failure to maintain the specified communications or to obey instructions shall be cause for suspension of the
Contractor's operations in the AIR OPERATIONS AREA until the satisfactory conditions are provided. The
• following AIR OPERATIONS AREA (AOA) cannot be closed to operating aircraft to permit the Contractor's
operations on a continuous basis and will therefore be closed to aircraft operations intermittently as follows:
AOA •'
TIME PERIODS AGA CAN BE CLOSED '
TYPE OF COMMUNICATIONS REQUIRED WHEN WORKING IN AN AGA
CONTROL AUTHORITY
80-04.1 OPERATIONAL SAFETY ON AIRPORT DURING CONSTRUCTION. All contractors'operations shall t
be conducted in accordance with the project safety plan and the provisions set forth within Advisory Circular
150/5370-2E. The safety plan included within the contract documents conveys minimum requirements for '
operational safety on the airport during construction activities. The Contractor shall prepare and submit a plan
that details how it proposes to comply with the requirements presented witldn the safety plan.
The Contractor shall implement all necessary safety plan measures prior to commencement of any work activity. '
The Contractor shall conduct routine checks of the safety plan measures to assure compliance with the safety plan
measures. ,
The Contractor is responsible to the Owner for the conduct of all subcontractors it employs on the project. The
Contractor shall assure that all subcontractors are made aware of the requirements of the safety plan and that they
implement and maintain all necessary measures. ,
No deviations or modifications may be made to the approved safety plan unless approved in writing by the Owner
or Engineer. . '
80-05 CHARACTER OF WORKERS, METHODS, AND EQUIPMENT. The Contractor shall, at all times,
employ sufficient labor and equipment for prosecuting the work to full completion in the manner and time required
by the contract,plans,and specifications,
All workers shall have sufficient skill and experience to perform properly the work assigned to them. Workers
engaged in special work or skilled work shall have sufficient experience in such work and in the operation of the '
equipment required to perform the work satisfactorily.
All equipment,which the contractor proposes to use on the work,sluill be of sufficient size and in such mechanical '
condition as to meet requirements of the work and to produce a satisfactory quality of work. Equipment used on
any portion of the work shall be such that no injury to previously completed work, adjacent property, or existing
airport facilities will result from its use.
When the methods and equipment to be used by the Contractor in accomplishing the work are not prescribed in the '
contract,the Contractor is free to use any methods or equipment that will accomplish the work in conformity with
the requirements of the contract,plans,and specifications. ,
When the contract specifics the use of certain methods and equipment,such methods and equipment shall be used
unless others are authorized by the Engineer. If the Contractor desires to use a method or type of equipment other
than specified in the contract, he may request authority from the Engineer to do so. The request shall be in writing ,
and shall include a full description of the methods and equipment proposed and of the reasons for desiring to make
the change. If approval is given, it will be on the condition that the Contractor will be fully responsible for
producing work in conformity with contract requirements. If, after trial use of the substituted methods or '
equipment, the Engineer determines that the work produced does not meet contract requirements, the Contractor
shall discontinue the use of the substitute method or equipment and shall complete the remaining work with the
specified methods and equipment. The Contractor shall remove any deficient work and replace it with work of '
specified quality,or take such other corrective action as the Engineer may direct. No change will be made in basis
of payment for the contract items involved nor in contract time as a result of authorizing a change in methods or •
equipment under this subsection.
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'• 80-06 TEMPORARY SUSPENSION OF THE WORK. The Engineer shall have the authority to suspend the
work wholly, or in part, for such period or periods as he may deem necessary, due to unsuitable weather,or such
' other conditions as are considered unfavorable for the prosecution of the work,or for such time as is necessary due
to the failure on the part of the Contractor to carry out orders given or perform any or all provisions of the contract.
In the event that the Contractor is ordered by the Engineer, in writing,to suspend work for some unforeseen cause
not otherwise provided for in the contract and over which the Contractor has no control, the Contractor may be
reimbursed for actual money expended on the work during the period of shutdown. No allowance will be made for
anticipated profits. The period of shall be computed from the effective date of the Engineer's order to
' suspend work to the effective date of the Engineer's order to resume the work. Claims for such compensation shall
be filed with the Engineer within the time period stated in the Engineer's order to resume work. The Contractor
shall submit with his/her claim information substantiating the amount shown on the claim. The Engineer will
' forward the Contractor's claim to the owner for consideration in accordance with local laws or ordinances. No
provision of this article shall be construed as entitling the Contractor to compensation for delays due to inclement
weather, for suspensions made at the request of the Contractor, or for any other delay provided for in the contract,
plans,or specifications.
If it should become necessary to suspend work for an indefinite period, the Contractor shall store all materials in
such manner that they will not become an obstruction nor become damaged in any way. He shall take every
' precaution to prevent damage or detcriomtion of the work performed and provide for normal drainage of the work.
The Contractor shall erect temporary structures where necessary to provide for traffic on,to,or from the airport.
' 80-07 DETERMINATION AND EXTENSION OF CONTRACT TIME. The number of calendar or working days
allowed for completion of the work shall be stated in the proposal and contract and shall be known as the
CONTRACT TIME.
N Should the contract time require extension for reasons beyond the Contractor's control, it shall be adjusted as
follows:
' CONTRACT TIME based on WORKING DAYS shall be calculated weekly by the Engineer. The
Engineer will furnish the Contractor a copy of his/her weekly statement of the number of working days charged
against the contract time during the week and the number of working days currently specified for completion of the
' contract (the original contract time plus the number of working days, if any,that have been included in approved
CHANGE ORDERS or SUPPLEMENTAL AGREEMENTS coveting EXTRA WORK).
The Engineer shall base his/her weekly statement of contract time charged on the following considerations:
' (1) No time shall be charged for days on which the Contractor is unable to proceed with the principal
item of work under construction at the time for at least 6 hours with the normal work force employed on such
' principal item. Should the normal work force be on a double-shift, 12 hours shall be used. Should the normal
work force be on a triple-shift, 18 hours shall apply. Conditions beyond the Contractor's control such as strikes,
lockouts, unusual delays in transportation, temporary suspension of the principal item of work under construction
or temporary suspension of the entire work which have been ordered by the Engineer for reasons not the fault of
' the Contractor,shall not be charged against the contract time.
(2) The Engineer will not make charges against the contract time prior to the effective date of the notice
' to proceed.
(3) The Engineer will begin charges against the contract time on the first working day alter the effective
' date of the notice to proceed.
• (4) The Engineer will not make charges against the contract time after the date of final acceptance as
defined in the subsection titled FINAL ACCEPTANCE of Section 50.
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(s) The Contractor will be allowed I week in which to file a written protest setting forth his/her •,
objections to the Engineer's weekly statement. If no objection is filed within such specified time, the weekly
statement shall be considered as acceptable to the Contractor.
time stet in the proposal) is based on the originally estimated quantities as described in the
The contract (stated q
subsection titled INTERPRETATION OF ESTIMATED PROPOSAL QUANTITIES of Section 20. Should the '
satisfactory completion of the contract require performance of work in greater quantities than those estimated in
the proposal, the contract time shall be increased in the same proportion as the cost of the actually completed
quantities bears to the cost of the originally estimated quantities in the proposal. Such increase in contract time
shall not consider either the cost of work or the extension of contract time that has been covered by change order or '
supplemental agreement and shall be made at the time of final payment.
b. CONTRACT TIME based on CALENDAR DAYS shall consist of the number of calendar days stated in '
the contract counting from the effective date of the notice to proceed and including all Saturdays, Sundays,
holidays, and nonwork days. All calendar days elapsing between the effective dates of the Engineer's orders to
suspend and resume all work,due to causes not the fault of the Contractor,shall be excluded.
At the time of final payment,the contract time shall be increased in the same proportion as the cost of the actually
completed quantities bears to the cost of the originally estimated quantities in the proposal, Such increase in the
contract time shall not consider either cost of work or the extension of contract time that has been covered by a '
change order or supplemental agreement. Charges against the contract time will cease as of the date of final
acceptance.
c. When the contract time is a specified completion date,it shall be the date on which all contract work shall '
be substantially completed.
If the Contractor finds it impossible for reasons beyond his/her control to complete the work within the contract
time as specified, or as extended in accordance with the provisions of this subsection, he may,at any time prior to
the expiration of the contract time as extended, make a written request to the Engineer for an extension of time
setting forth the reasons which he believes will justify the granting of his/her request. The Contractor's pica that ,
insufficient time was specified is not a valid reason for extension of time. If the Engineer finds that the work was
delayed because of conditions beyond the control and without the fault of the Contractor, he may extend the time
for completion in such amount as the conditions justify. The extended time for completion shall then be in full ,
force and c0get,the same as though it were the original time for completion.
80-08 FAILURE TO COMPLETE ON TIME. For each calendar day or working day,as specified in the contract,
that any work remains uncompleted after the contract time(including all extensions and adjustments as provided '
in the subsection titled DETERMINATION AND EXTENSION OF CONTRACT TIME of this Section) the sum
specified in the contract and proposal as liquidated damages will be deducted from any money due or to became
due the Contractor or his/her surety. Such deducted sums shall not be deducted as a penalty but shall be considered '
as liquidation of a reasonable portion of damages that will be incurred by the owner should the Contractor fall to
complete the work in the time provided in hisHhcr contract.
Permitting the Contractor to continue and finish the work or any part of it after the time fixed for its completion,or '
after the date to which the time for completion may have been extended, will in no way operate as a wavier on the
part of the owner of any of its rights under the contract.
80-09 DEFAULT AND TERMINATION OF CONTRACT. The Contractor shall be considered in default of ,
histher contract and such default will be considered as cause for the owner to terminate the contract for any of the
following reasons If the Contractor: ,
a. Fails to begin the work under the contract within the time specified in the"Notice to Proceed,"or •
,• b. Fails to perform the work or fails to provide sufficient workers, equipment or materials to assure
completion of work in accordance with the terms of the contract,or
c. Performs the work unsuitably or neglects or refuses to remove materials or to perform anew such work as
may be rejected as unacceptable and unsuitable,or
d. Discontinues the prosecution of the work,or
e. Fails to resume work which has been discontinued within a reasonable time after notice to do so,or
' f, Becomes insolvent or is declared bankrupt,or commits any act of bankruptcy or insolvency,or
' g, Allows any final judgment to stand against him unsatisfied for a period of 10 days,or
It. Makes an assignment for the benefit of creditors,or
' I. For any other cause whatsoever,fails to carry on the work in an acceptable manner.
Should the Engineer consider the Contractor in default of the contract for any reason hereinbeforc, he shall
' immediately give written notice to the Contractor and the Contractor's surety as to the reasons for considering the
Contractor in default and the owner's intentions to terminate the contract.
' If the Contractor or surety,within a period of 10 days after such notice,does not proceed in accordance therewith,
then the owner will, upon written notification from the Engineer of the facts of such delay,neglect,or default and
the Contractor's failure to comply with such notice,have full power and authority without violating the contract,to
take the prosecution of the work out of the hands of the Contractor. The owner may appropriate or use any or all
N materials and equipment that have been mobilized for use in the work and are acceptable and may enter into an
agreement for the completion of said contract according to the terms and provisions thereof, or use such other
methods as in the opinion of the Engineer will be required for the completion of said contract in an acceptable
' manner.
All costs and charges incurred by the owner, together with the cost of completing the work under contract,will be
' deducted from any monies due or which may become due the Contractor. If such expense exceeds the sum which
would have been payable under the contract,then the Contractor and the surety shall be liable and shall pay to the
owner the amount of such excess.
' 80.10 TERMINA77ON FOR NATIONAL EMERGENCIES. The owner shall terminate the contract or portion
thereof by written notice when the Contractor is prevented from proceeding with the construction contract as a
direct result of an Executive Order of the President with respect to the prosecution of war or in the interest of
' national defense,
When the contract, or any portion thereof, is terminated before completion of all items of work in the contract,
payment will be made for the actual number of units or items of work completed at the contract price or as
' mutually agreed for items of work partially completed or not started. No claims or loss of anticipated profits shall
be considered.
' Reimbursement for organization of the work, and other overhead expenses, (when not otherwise included in the
contract) and moving equipment and materials to and from the job will be considered, the Intent being that an
equitable settlement will be made with the Contractor.
' Acceptable materials,obtained or ordered by the Contractor for the work and that arc not incorporated in the work
• shall, at the option of the Contractor, be purchased from the Contractor at actual cost as shown by reccipted bills
and actual cost records at such points of delivery as may be designated by the Engineer,
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Termination of the contract or a portion thereof shall neither relieve the Contractor of blather responsibilities for
the completed work nor shall It relieve his/her surety of its obligation for and concerning airy Just claim arising out •
of the work performed.
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1• SECTION 90
MEASUREMENT AND PAYMENT
9001 MEASUREMENT OF QUANTITIES. All work completed under the contract will be measured by the
' Engineer, or his/her authorized representatives, using United States Customary Units of Measurement or the
International System of Units.
The method of measurement and computations to be used in determination of quantities of material furnished and
' of work performed under the contract will be those methods generally recognized as conforming to good
engineering practice.
' Unless otherwise specified, longitudinal measurements for area computations will be made horizontally, and no
deductions will be made for individual fixtures(or leave-outs)having an area of 9 square feet(0.8 square meter)or
less. Unless otherwise specified, transverse measurements for area computations will be the neat dimensions
shown on the plans or ordered in writing by the Engineer.
Structures will be measured according to neat lines shown on the plans or as altered to fit field conditions.
' Unless otherwise specified, all contract items which arc measured by the linear foot such as electrical ducts,
conduits, pipe culverts, underdrains, and similar items shall be measured parallel to the base or foundation upon
which such items arc placed.
' In computing volumes of excavation the average end area method or other acceptable methods will be used.
The thickness of plates and galvanized sheet used in the manufacture of corrugated metal pipe, metal plate pipe
culverts and arches,and metal cribbing will be specified and measured in decimal fraction of inches.
The term "ton" will mean the short ton consisting of 2,000 pounds (909 kilograms) avoirdupois, All materials
which are measured or proportioned by weights shall be weighed on accurate, approved scales by competent,
qualified personnel at locations designed by the Engineer. If material is shipped by rail, the car weight may be
accepted provided that only the actual weight of material be paid for. However,car weights will not be acceptable
' for material to be passed through mixing plants. Trucks used to haul material being paid for by weight shall be
weighed empty daily at such times as the Engineer directs,and each truck shall bear a plainly legible identification
mark.
Materials to be measured by volume in the hauling vehicle shall be hauled in approved vehicles and measured
therein at the point of delivery, Vehicles for this purpose may be of any size or type acceptable to the Engineer,
provided that the body is of such shape that the actual contents may be readily and accurately determined. All
' vehicles shall be loaded to at least their water level capacity,and all loads shall be leveled when the vehicles arrive
at the point of delivery.
When requested by the Contractor and approved by the Engineer in writing, material specified to be measured by
' the cubic yard(cubic meter) may be weighed, and such weights will be converted to cubic yards(cubic meters)for
payment purposes, Factors for conversion from weight measurement to volume measurement will be determined
by the Engineer and shall be agreed to by theContractor before such method of measurement of pay quantities is
used.
Bituminous materials will be measured by the gallon (liter) or ton (kilogram). When measured by volume, such
volumes will be measured at 60 F(15 C)or will be corrected to the volume at 60 F(15 C)using ASTM D 1250 for
asphalts or ASTM D 633 for tars.
Net certified scale weights or weights based on certified volumes in the case of mil shipments will be used as a •'
basis of measurement, subject to correction when bituminous material has been lost from the car or the distributor,
wasted,or otherwise not incorporated in the work. '
When bituminous materials are shipped by truck or transport,net certified weights by volume,subject to correction
for loss or foaming,may be used for computing quantities. ,
Cement will be measured by the ton(kilogram)or hundredweight(kilogram).
Timber will be measured by the thousand feet board measure (M.F.B.M.) actually incorporated in the structure. ,
Measurement will be based on nominal widths and thicknesses and the extreme length of each piece.
The term"lump sera"when used as an item of payment will mean complete payment for the work described in the '
contract.
When a complete structure or structural unit(in effect, "lump sum"work)is speed as the unit of measurement, '
the unit will be construed to include all necessary fittings and accessories.
Rental of equipment will be measured by time in hours of actual working time and necessary traveling time of the
equipment within the limits of the work. Special equipment ordered by the Engineer in connection with force '
account work will be measured as agreed in the change order or supplemental agreement authorizing such force
account work as provided in the subsection titled PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK of
this section. '
When standard manufactured items arc specified such as fence,wire,plates, rolled shapes, pipe conduit, etc., and
these items are identified by gage,unit weight,section dimensions,etc.,such identification will be considered to be
nominal weights or dimensions. Unless mom stringently controlled by tolerances in cited specifications,
manufacturing tolerances established by the
industries involved will be accepted.
Scales for weighing materials which are required to be proportioned or measured and paid for by weight shall be '
famished,erected,and maintained by the Contractor,or be a rtlfied permanently installed commercial scales.
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Scales shall be accurate within one-half percent of the correct weight throughout the range of use. The Contractor '
shall have the scales checked under the observation of the inspector before beginning work and at such other times
as requested. The intervals shall be uniform in spacing throughout the graduated or marked length of the beam or
dial and shall not exceed one-tenth of 1 percent of the nominal rated capacity of the scale, but not less than I '
pound(454 grams). The use of spring balances will not be permitted.
Beams, dials, platforms, and other scale equipment shall be so arranged that the operator and the inspector can
safely and conveniently view them. ,
Scale installations shall have available ten standard 50-pound (2.3 kilogram) weights for testing the weighing
equipment or suitable weights and devices for other approved equipment. ,
Scales must be tested for accuracy and serviced before use at a new site. Platform scales shall be installed and
maintained with the platform level and rigid bulkheads at each end. '
Scales "overweighing" (indicating more than correct weight) will not be permitted to operate, and all materials
received subsequent to the last previous correct weighting-accuracy test will be reduced by the percentage of error
in excess of one-half of 1 percent. '
,• In the event inspection reveals the scales have been "undcrweighing" (indicating less than correct weight), they
shall be adjusted, and no additional payment to the Contractor will be allowed for materials previously weighed
and recorded.
All costs in connection with furnishing, installing, certifying, testing,and maintaining scales; for furnishing check
' weights and scale house; and for all other items specified in this subsection, for the weighing of materials for
proportioning or payment,shall be included in the unit contract prices for the various items of the project.
When the estimated quantities for a specific portion of the work are designated as the pay quantities in the
' contract, they shall be the final quantities for which payment for such specific portion of the work will be made,
unless the dimensions of said portions of the work shown on the plans are revised by the Engineer. If revised
dimensions result in an Increase or decrease in the quantities of such work, the final quantities for payment will be
revised in the amount represented by the authorized changes in the dimensions.
90-02 SCOPE OF PAYMENT. The Contractor shall receive and accept compensation provided for in the contract
as full payment for furnishing all materials, for performing all work under the contract in a complete and
acceptable manner,and for all risk, loss,damage, or expense of whatever character arising out of the nature of the
work or the prosecution thereof, subject to the provisions of the subsection titled NO WAIVER OF LEGAL
RIGHTS of Section 70.
' When the "basis of payment" subsection of a technical specification requires that the contract price (price bid)
include compensation for certain work or material essential to the item,this same work or material will not also be
measured for payment under any other contract item which may appear elsewhere in the contract, plans, or
specifications.
90-03 COMPENSATION FOR ALTERED QUANTITIES. When the accepted quantities of work vary from the
quantities in the proposal, the Contractor shall accept as payment in full, so far as contract items are concemed,
payment at the original contract price for the accepted quantities of work actually completed and accepted, No
allowance, except as provided for in the subsection titled ALTERATION OF WORK AND QUANTITIES of
' Section 40 will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits
suffered or claimed by the Contractor which results directly from such alterations or indirectly from hislher
unbalanced allocation of overhead and profit among the contract items,or from any other cause.
' 90-04 PAYMENT FOR OMITTED ITEMS. As specified in the subsection titled OMITTED ITEMS of Section
40, the Engineer shall have the right to omit from the work (order nonperformance) any contract item, except
major contract items,in the best interest of the owner.
' Should the Engineer omit or order nonperformance of u contract item or portion of such item from the work, the
Contractor shall accept payment in full at the contract prices for any work actually completed and acceptable prior
' to the Engineer's order to omit or nonperform such contract item.
Acceptable materials ordered by the Contractor or delivered on the work prior to the date of the Engineces order
will be paid for at the actual cost to the Contractor and shall thereupon become the property of the owner.
In addition to the reimbursement hereinbcfore provided, the Contractor shall be reimbursed for all actual costs
incurred for the purpose of performing the omitted contract item prior to die date of the Enginecr's order. Such
' additional costs incurred by the Contractor must be directly related to the deleted contract item and shall be
supported by certified statements by the Contractor as to the nature the amount of such costs.
90-05 PAYMENT FOR EXTRA AND FORCE ACCOUNT WORK. Extra work, performed in accordance with
' the subsection titled EXTRA WORK of Section 40,will be paid for at the contract prices or agreed prices specified
• in the change order or supplemental agreement authorizing the extra work. When the change order or
supplemental agreement authorizing the extra work requires that it be done by force account, such force account
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shall be measured and paid for based on expended labor, equipment, and materials plus a negotiated and agreed •'
upon allowance for overhead and profit.
a. Miscellaneous. No additional allowance will be made for general superintendence,the use of small tools, ,
or other costs for which no specific allowance is herein provided.
b. Comparison of Record. The Contractor and the Engineer shall compare records of the cost of force '
account work at the end of each day. Agreement shall be indicated by signature of the Contractor and the Engineer
or their duly authorized representatives.
c. Statement. No payment will be made for work performed on a force account basis until the Contractor has ,
furnished the Engineer with duplicate itemized statements of the cost of such force account work detailed as
follows: '
(1) Name,classification,date,daily hours,total hours,rate and extension for each laborer and foreman.
(2) Designation, dates, daily hours, total hours, rental Tate, and extension for each unit of machinery '
and equipment.
(3) Quantities of materials,prices,and extensions. ,
(4) Transportation of materials.
(S) Cost of property damage, liability and workman's compensation insurance premiums, '
unemployment insurance contributions,and social security tax,
Statements shall be accompanied and supported by a rcceipted invoice for all materials used and transportation
charges. However, if materials used on the force account work arc not specifically purchased for such work but are
taken from the Contractor's stock, then in lieu of the invoices the Contractor shall furnish an affidavit certifying
that such materials were taken from his/her stock, that the quantity claimed was actually used, and that the price '
and transportation claimed represent the actual cost to the Contractor.
90.06 PARTIAL PAYMENTS. Partial payments will be made at least once each month as the work progresses. '
Said payments will be based upon estimates prepared by the Engineer of the value of the work performed and
materials complete in place in accordance with the contract, plans,and specifications. Such partial payments may
also include the delivered actual cost of those materials stockpiled and stored in accordance with the subsection
titled PAYMENT FOR MATERIALS ON HAND of this section. '
No partial payment will be made when the amount due the Contractor since the last estimate amounts to less than
five hundred dollars, ,
From the total of the amount determined to be payable on a partial payment, 10 percent of such total amount will
be deducted and retained by the owner until the final payment is made, except as may be provided (at the
Contractor's option)in the subsection titled PAYMENT OF WITHHELD FUNDS of this section. The balance(90 '
percent) of the amount payable, less all previous payments,shall be certified for payment. Should the Contractor
exercise Itis/her option, as provided in the subsection titled PAYMENT OF WITHHELD FUNDS of this section,
no such 10 percent rctainage shall be deducted. '
When not less tlum 95 percent of the work has been completed the Engineer nay,at his/her discretion and with the
consent of the surety, prepare an estimate from which will be retained an amount not less titan twice the contract t
value or estimated cost, whichever is greater, of the work remaining to be done. The remainder, less all previous
payments and deductions,will then be cenified for payment to the Contractor. •
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'• It is understood and agreed that the Contractor shall not be entitled to demand or receive partial payment based on
quantities of work in excess of those provided in the proposal or covered by approved change orders or
supplemental agreements,except when such excess quantities have been determined by the Engineer to be a part of
the final quantity for the item of work in question.
No partial payment shall bind the owner to the ncceptance of any materials or work in place as to quality or
quantity. All partial payments are subject to correction at the time of final payment as provided in the subsection
titled ACCEPTANCE AND FINAL PAYMENT of this section.
90-07 PAYMENT FOR MATERIALS ON HAND, partial payments may be made to the extent of the delivered
cost of materials to be incorporated in the work,provided that such materials meet the requirements of the contract,
plans,and specifications and arc delivered to acceptable sites on the airport property or at other sites in the vicinity
' that arc acceptable to the owner. Such
delivered costs of stored or stockpiled materials may be included in the next partial payment after the following
conditions are met;
' site. a. The material has been stored or stockpiled in a manner acceptable to the Engineer at or on an approved
b. The Contractor has furnished the Engineer with acceptable evidence of the quantity and quality of such
stored or stockpiled materials,
' c. The Contractor has furnished the Engineer with satisfactory evidence that the material and transportation
costs have been paid.
d. The Contractor has furnished the owner legal title (free of liens or encumbrances of any kind) to the
material so stored or stockpiled.
c. The Contractor has furnished the owner evidence that the material so stored or stockpiled is insured
' against loss by damage to or disappearance of such materials at anytime prior to use in the work.
It is understood and agreed that the transfer of title and the owner's payment for such stored or stockpiled materials
shall in no way relieve the Contractor of Ids/her responsibility for furnishing and placing such materials in
accordance with the requirements of the contract,plans,and specifications.
In no case will the amount of partial payments for materials on hand exceed the contract price for such materials or
' the contract price for the contract item in which the material is intended to be used.
No partial payment will be made for stored or stockpiled living or perishable plant materials.
The Contractor shall bear all costs associated with the partial payment of stored or stockpiled materials in
accordance with the provisions of this subsection.
' 9008 PAYMENT OF WITHHELD FUNDS. At the Contractor's option,he/she may request that the owner accept
(in lieu of the 10 percent rctainage on partial payments described in the subsection titled PARTIAL PAYMENTS
of this section)the Contractor's deposits in escrow under the following conditions.
' a. The Contractor shall bear all expenses of establishing and maintaining an escrow account and escrow
agreement acceptable to the owner.
' b. The Contractor shall deposit to and maintain in such escrow only those securities or bank certificates of
• deposit as are acceptable to the owner and laving a value not less than the 10 percent mainagc that would
otherwise be withheld from partial payment.
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c, The Contractor shall enter into an escrow agreement satisfactory to the owner, ,
d. The Contractor shall obtain the written consent of the surety to such agreement. ;
9009 ACCEPTANCE AND FINAL PAYMENT. When the contract work has been accepted in accordance with
the requirements of the subsection titled FINAL ACCEPTANCE of Section 50,the Engineer will prepare the final '
estimate of the items of work actually performed. The Contractor shall approve the Engincer's final estimate or
advise the Engineer of his/her objections to the final estimate which are based on disputes in measurements or
computations of the final quantities to be paid under the contract as amended by change order or supplemental
agreement. The Contractor and the Engineer shall resolve all disputes (if any) in the measurement and ,
computation of final quantities to be paid within 30 calendar days of the Contractors receipt of the Engineer's final
estimate. If, after such 30day period, a dispute still exists, the Contractor may approve the Engineer's estimate
under protest of the quantities in dispute,and such disputed quantities shall be considered by the owner as a claim ,
in accordance with the subsection titled CLAIMS FOR ADJUSTMENT AND DISPUTES of Section 50.
Auer the Contractor has approved,or approved under protest, the Engineer's final estimate, final payment will be
processed based on the entire sum,or the undisputed sum in case of approval under protest, determined to be due ,
the Contractor less all previous payments and all amounts to be deducted under the provisions of the contract. All
S: .. prior partial estimates and payments shall be subject to correction in the final estimate and payment.
If the Contractor has filed a claim for additional compensation under the provisions of the subsection titled '
CLAIMS FOR ADJUSTMENTS AND DISPUTES of Section 50 or under the provisions of this subsection, such
claims will be considered by the owner in accordance with local laws or ordinances. Upon final adjudication of ,
such claims, any additional payment determined to be due the Contractor will be paid pursuant to a supplemental
final estimate.
1
1
1
,• SECTION 4
SUPPLEMENTARY PROVISIONS
PART A
FEDERAL AND STATE PROVISIONS
1. CIVIL RIGHTS ACT OF 1964, TITLE VI - CONTRACTOR CONTRACTUAL REQUIREMENTS (49
CFR PART 21)
' 2. AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982 (Section 520 - General Civil Rights
Provisions)
3. ACCESS TO RECORDS AND REPORTS(49 CFR PART 18.36(1))
' 4. RIGHTS TO INVENTIONS(49 CFR PART 18.36(1)(8))
5. BREACH OF CONTRACT TERMS(49 CFR PART 18.36)
6. DISADVANTAGE BUSINESS ENTERPRISES(DBE)(49 CFR PART 26)
' 7. TRADE RESTRICTION CLAUSE(49 CFR PART 30)
8. TERMINATION OF CONTRACT(49 CFR PART 18.36(1)(2))
9. CLEAN AIR AND WATER POLLUTION CONTROL(49 CFR Part 18.36(1)(12))
10. DAVIS BACON REQUIREMENTS(29 CFR PART 5.5)
N11. CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS(29 CFR PART 5)
12. EQUAL EMPLOYMENT OPPORTUNITY(41 CFR PART 60-1.4(b))
' 13. EEO COMPLIANCE(41 CFR PART 60-1.7)
14. ENERGY CONSERVATION REQUIREMENTS(49 CFR Part 18)
' 15. REQUIREMENTS FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT
OPPORTUNITY(41 CFR PART 60-2)
' 16, CERTIFICATION OF NONSEGREGATED FACILITIES(41 CFR Part 60-1.8)
17. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT
' SPECIFICATIONS(41 CFR 60.4.3)
18. BUY AMERICAN PREFERENCES(Title 49 U.S.C. Chapter 501)
' 19 VETERAN'S PREFERENCE(Tide 49 U.S.C.47112(c))
20, LOBBYING AND INFLUENCING FEDERAL EMPLOYEES(49 CFR Part 20)
' 21, AIRPORT JOB SPECIAL PROVISION
22. EXECUTIVE ORDER 94-03
23. GENERAL GUARANTY
1•
L CWRKWSACFOF1964,TIIIEVI-CONTRACPORCONIRACIUALREQURtEMEt 5(49CFRPART2l) •'
During the performance of this contract, the contractor, for itself, its assignees and successors in interest ,
(hereinafter referred to as the"contractor")agrees as follows:
1. Compliance with Regulations. The contractor shall comply with the Regulations relative to nondiscrimination '
in federally assisted programs of the Department of Transportation(hereinafter,"DOT")Title 49,Code of Federal
Regulations,Part 21,as they may be amended from time to time(hcreittaficr referred to as the Regulations),which
are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not '
discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors,
including procurements of materials and teases of equipment. The contractor shall not participate either directly or '
indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices
when the contract covers a program set forth in Appendix B of the Regulations.
3. Solicitations for Subcontracts. Including Procurements of Materials and Eouipmcm. In all solicitations either '
by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract,
including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be
notified by the contractor of the contractor's obligations under this contract and lire Regulations relative to ,
nondiscrimination on the grounds of race,color,or national origin.
4. Information and Reports. The contractor shall provide all information and reports required by the Regulations ,
or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of
information,and its facilities as may be determined by the Sponsor or the Federal Aviation Administration(FAA)
to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information
required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information,
the contractor shall so certify to the sponsor or the FAA,as appropriate,and shall set forth what efforts it has made
to obtain the information.
5. Sanctions for NoncompIlance. In the event of the contractor's noncompliance with the nondiscrimination '
provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be
appropriate,including,but not limited to:
a. Withholding of payments to tite contractor under the contract until the contractor complies,and/or
b. Cancellation,termination,or suspension of the contract, in whole or in pan.
6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every '
subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or
directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or '
procurement as the sponsor or the FAA may direct as a means of enforcing such provisions including sanctions for
noncompliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Sponsor to
enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the '
United States to enter into such litigation to protect the interests of die United States.
2, AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982 (Section 520 - General Civil Rights '
Provisions)
The Contractor assures that it will comply with pertinent statutes, Executive orders and such rules as are '
promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or
handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance, In •
the case of Contractors, this provision binds the Contractors from the bid solicitation period through the
completion of the contract.This provision is in addition to that required of Title VI of the Civil Rights Act of 1964, '
' 3. ACCESS TO RECORDS AND REPORTS(49 CFR PART 18.36(1))
The Contractor shall maintain an acceptable cost accounting system. The Contractor agrees to provide the Sponsor,
the Federal Aviation Administration and the Comptroller General of the United States or any of their duly
authorized representatives access to any books,documents,papers,and records of the Contractor which are directly
pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The
Contractor agrees to maintain all books, records and reports required under this contract for a period of not less
than three years after final payment is made and all pending matters arc closed.
4. RIGHTS TO INVENTIONS(49 CFR PART 18.36(i)(8))
All rights to inventions and materials generated under this contract arc subject to regulations issued by the FAA
and the Sponsor of the Federal grant under which this contract is executed.
' S. BREACH OF CONTRACT TERMS(49 CFR PART 18.36)
Any violation or breach of terns of this contract on the part of the Contractor or their subcontractors may result in
' the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the
parties of this agreement. The duties and obligations imposed by the Contract Documents and the rights and
remedies available there under shall be in addition to and not a limitation of any duties, obligations, rights and
1 remedies otherwise imposed or available by law.
6. DISADVANTAGED BUSINESS ENTERPRISE(DBE)(49 CFR PART 26)
N Where used in this provision,"Department of Transportation"or"DOT' rcfcrs to the United Slates Department of
Transportation. "MoDOT" refers to the Missouri Department of Transportation and the Missouri Highways and
Transportation Commission.
' Policy. It is the policy of the Department of Transportation that disadvantaged business enterprises as defined
in 49 CFR Part 26 shall have the maximum opportunity to participate in the performance of contracts financed
' in whole or in part with Federal funds under this agreement. Consequently,the DBE requirements of 49 CFR
Part 26 applies to this agreement.
Contract Assurance MoDOT and the city will ensure that the following clause is placed in every USDOT
' assisted contract and subcontract;
"The contractor or subcontractor shall not discriminate on the basis of race, color, national
' origin, or sex in the performance of this contract The contractor shall carry out applicable
requirements of 49 CFR Part 16 in the anard and administration of VSDOT assisted
contracts. Failure by the contractor to carry out these requirements is a material breach of this
contract, which may result in the termination of this contract or such other remedy as the
' recipient deems appropriate."
(This assurance shall be included in each subcontract the prime contractor signs with a
subcontrador.)
Federal Financial Assistance Agreement Asks Trance. MoDOT and the city agree to and incorporate the
following assurance into the day to day operations and the administration of all USDOT assisted contracts; where
"recipient"means MoDOT and any MoDOT grantee receiving USDOT assistance;
• "MoDOT or the city shall not discriminate on the basis of race, color, national origin, or sex
' In the award and performance of any USDOT assisted contract or in the administration of its
DBE Program or the requirements of 49 CFR Part 26. The recipient shall take all necessary �1
and reasonable steps under 49 CFR.Part 16 to ensure nondiscrimination in the award and
adminiWoion of USDOT assisted contrails. The recipient's DBE Program,as required by 49 '
CFR Port 16 and as approved by USDOT, is incorporated by reference in this agreement
Implementation of this program is a legal obligation and failure to carry out its approved
prugmF4 the Department may inspose sanctions as provided jar under Part 16 and may, in '
appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program
Fraud Civil RemediesAd of 1986(31 U.S.C.3801 d seq.)."
MoDOT and the city ensure that all recipients of USDOT assisted contracts,funds,or grants incorporates,agrees '
to and complies with the assurance statement.
Prompt Payment. MoDOT and the city require all contractors to pay all subcontractors and suppliers '
for satisfactory performance of services in compliance with the prompt payment statute,Mo.Revised
Statutes, Chapter 34, Section 34.057 (included below). MoDOT and the city also requires the
prompt, as defined in Section 34.057, return of all rctainagc held on all subcontractors otter the
subcontractor's work is satisfactorily completed, as MoDOT and city personnel may ultimately '
determine(if necessary).
All contractors and subcontractors must retain records of all payments, made or received, for 3 years '
from the dale of final payment and must be available for inspection,upon request,by any authorized
representative of MoDOT, the city or USDOT. MoDOT and the city will maintain records of actual
payments to DBE firms for work committed to at the time of contract award. '
MoDOT and the city will perform audits of contract payments to firms. The audits will review
payments to subcontractors to ensure that the actual amount paid to DBE subcontractors equals or
exceeds the dollar amounts stated in the schedule of DBE participation and that payment was made in
compliance with Missouri Revised Statutes,Chapter 34,Section 34.057.
Missouri Revised Statutes '
Chapter 34 ,
State Purchasing and Printing
Section 34.057
August 28, 1998 '
Public works contracts—prompt payment by public owner to contractor—prompt payment by contractor to ,
subcontractor—progress payments—retainage—late payment charges—withholding of payments.
34.057. 1. Unless contrary to any federal funding requirements or unless funds from a state grant arc not timely
received by the contracting public municipality but notwithstanding any other law to the contrary,all public works ,
contracts made and awarded by the appropriate officer,board or agency of the stale or of a political subdivision of
the state or of any district therein, including any municipality, county and any board referred to as the public
owner,for conslmction, reconstruction or alteration of any public works project,shall provide for prompt payment '
by the public owner to the contractor and prompt payment by lire contractor to the subcontractor and material
supplier in accordance with the following;
(1) A public owner shall make progress payments to the contractor on at least a monthly basis as the work ,
progresses, or, an a lump sum basis according to the terms of the lump sum contract. Except in the case of lump •
sum contracts, payments shill be based upon estimates prepared at ]cast monthly of work performed and material
,• delivered,as determined by the project architect or engineer. Rtainage withheld on public works projects shall not
exceed five percent of the value of the contract or subcontract unless the public owner and the architect or engineer
' determine that a higher rate of retainage is required to ensure performance of the contract, Rctainage, however,
shall not exceed ten percent of the value of the contract or subcontract. Except as provided in subsection 4 of this
section,the public owner shall pay the contractor the amount due,less a retainage not to exceed ten percent,within
' thirty days following the latter of the following:
(a)The date of delivery of materials or construction services purchased;
' (b) The date, as designated by the public owner, upon which the invoice is duly delivered to the person or
place designated by the public owner;or
(c)In those instances in which the contractor approves the public owner's estimate,the date upon which such
notice of approval is duly delivered to the person or place designated by the public owner,
1 (2) Payments shall be considered received within the context of this section when they are duly posted with the
United States Postal Service or other agreed upon delivery service or when they arc hand-delivered to an
authorized person or place as agreed to by die contracting parties;
' (3) If, in the discretion of the owner and the project architect or engineer and the contractor,it is determined that a
subcontractor's performance has been completed and the subcontractor can be released prior to substantial
completion of the public works contract without risk to the public owner, the contractor shall request such
' adjustment in retainage, if any, from the public owner as necessary to enable the contractor to pay the
subcontractor in full.The public owner may reduce or eliminate retainage on any contract payment if,in the public
owner's opinion, the work is prooeoding satisfactorily. If retainage is released and there arc any remaining minor
items to be completed, an amount equal to two hundred percent of the value of each item as determined by the
10 public owners duly authorized representative shall be withheld until such item or items are completed;
(4)The public owner shall pay the retainage, less any offsets or deductions authorized in the contract or otherwise
t authorized by law, to the contractor alter substantial completion of the contract work and acceptance by the public
owner's authorized contract representative, or as may otherwise be provided by the contract specifications for state
highway,road or bridge projects administered by the state highways and transportation commission. Such payment
' shall be made within thirty days after acceptance, and the invoice and all other appropriate documentation and
certifications in complete and acceptable form are provided, as may be required by the contract documents. If at
that time there arc any remaining minor items to be completed, an amount equal to two hundred percent of the
value of each item as determined by the public owner's representative shall be withheld until such items are
' completed;
(5) All estimates or invoices for supplies and services purchased,approved and processed,or final payments, shall
' be paid promptly and shall be subject to late payment charges provided in this section, Except as provided in
subsection 4 of this section, if the contractor has not been paid within thirty days as set forth in subdivision (1)of
subsection I of this section, the contracting agency shall pay the contractor, in addition to the payment due him,
interest at the rate of one and one-half percent per month calculated from the expiration of the thirty-day period
' until fully paid;
(6) When a contractor receives any payment, the contractor shall pay each subcontractor and material supplier in
' proportion to the work completed by each subcontractor and mmerial supplier his application less any retention not
to exceed ten percent. If the contractor receives less than the full payment due under the public construction
contract, the contractor shall be obligated to disburse on a pro rata basis those funds received,with the contractor,
subcontractors and material suppliers each receiving a prorated portion based an the amount of payment. When,
however, the public owner does not release the full payment due under the contract because there are specific areas
• of work or materials he is rejecting or because lie has otherwise determined such areas arc not suitable for payment
then those specific subcontractors or suppliers involved shall not be paid for that portion of the work rejected or
' deemed not suitable for payment and all other subcontractors and suppliers shall be paid in full;
(7) If the contractor, without reasonable cause, fails to make any payment to his subcontractors and material •'
suppliers within fifteen days after receipt of payment under the public construction contract, the contractor shall '
pay to his subcontractors and material suppliers, in addition to the payment due them,interest in the amount of one
and one-half percent per month, calculated from the expiration of the fifteen-day period until fully paid. This
subdivision shall also apply to any payments made by subcontractors and material suppliers to their subcontractors '
and material suppliers and to all payments made to lower tier subcontractors and material suppliers throughout the
contracting chain;
(8)The public owner shall make final payment of all moneys owed to the contractor, less any offsets or deductions ,
authorized in the contract or otherwise authorized by law,within thirty days of the due date. Final payment shall be
considered due upon the earliest of the following events:
(a) Completion of the project and filing with the owner of all required documentation and certifications, in '
complete and acceptable form,in accordance with the terns and conditions of the contract;
(b)The project is certified by the architect or engineer authorized to make such certification on bcialf of the '
owner as having been completed, including the filing of all documentation and certifications required by the
contract,in complete and acceptable form;or
(c)Thq project is certified by the contracting authority as having been completed, including the filing of all t
doctiinentation and certifications required by the contract, in complete and acceptable form.
2. Nothing in this section shall prevent the contractor or subcontractor,at the time of application or certification to ,
the public owner or contractor, from withholding such applications or certifications to the owner or contractor for
payment to the subcontractor or material supplier. Amounts intended to be withheld shall not be included in such
applications or certifications to the public owner or contractor. Reasons for withholding such applications or
certifications shall include, but not be limited to, the following; unsatisfactory job progress; defective construction
work or material not remedied; disputed work; failure to comply with other material provisions of the contract;
third party claims filed or reasonable evidence that a claim will be filed;failure of the subcontractor to make timely '
payments for labor,equipment and materials;damage to a contractor or another subcontractor or material supplier,
reasonable evidence that the contract can not be completed for the unpaid balance of the subcontract sum or a
reasonable amount for retention,not to exceed the initial percentage retained by the owner.
3. Should the contractor determine, after application or certification has been made and after payment has been '
received from the public owner, or after payment has been received by a contractor based upon the public owner's
estimate of materials in place and work performed as provided by contract, that all or a portion of the moneys '
needs to be withheld from a specific subcontractor or material supplier for any of the reasons enumerated in this
section, and such moneys are withheld from such subcontractor or material supplier, then such undistributed
amounts shall be specifically identified in writing and deducted from the next application or certification made to '
the public owner or from the next estimate by the public owner of payment due the contractor,until a resolution of
the matter has been achieved. Disputes shall be resolved in accordance with the terms of the contract documents,
Upon such resolution the amounts withheld by the contractor from the subcontractor or material supplier shall be
included in the next application or certification made to the public owner or the next estimate by the public owner '
and shall be paid promptly in accordance with the provisions of this section. This subsection shall also apply to
applications or certifications made by subcontractors or material suppliers to the contractor turd throughout the
various tiers of the contracting chain. '
4.The contracts which provide for payments to the contractor based upon the public owner's estimate of materials
in place and work performed rather titan applications or certifications submitted by the contractor, the public
owner stall pay the contractor within thirty days following the date upon which the estimate is required by contract '
to be completed by the public owner,the amount due less a retainage not to exceed five percent. All such estimates -
by the public owner shall be paid promptly and shall be subject to late payment charges as provided in this
subsection. After the thirtieth day following the date upon which the estimate is required by contract to be '
,• completed by the public owner, the contracting agency shall pay the contractor, in addition to the payment due
him, interest at a rate of one and one-half percent per month calculated from the expiration of the thirty-day period
until fully paid.
5. Nothing in this section shall prevent the owner from withholding payment or final payment from the contractor,
' or a subcontractor or material supplier. Reasons for withholding payment or final payment shall include,but not be
limited to, the following: liquidated damages; unsatisfactory job progress; defective construction work or material
not remedied;disputed work;failure to comply with any material provision of the contract;third parry claims filed
or reasonable evidence that a claim will be filed; failure to make timely payments for labor, equipment or
' materials; damage to a contractor, subcontractor or material supplier; reasonable evidence that a subcontractor or
material supplier cannot be fully compensated under its contract with the contractor for the unpaid balance of the
contract sum;or citation by the enforcing authority for acts of the contractor or subcontractor which do not comply
with any material provision of the contract and which result in a violation of any federal, state or local law,
regulation or ordinance applicable to that project causing additional costs or damages to the owner.
6. Notwithstanding any other provisions in this section to the contrary, no late payment interest shall be due and
owing for payments which are withheld in good faith for reasonable cause pursuant to subsections 2 and 5 of this
section. If it is determined by a court of competent jurisdiction that a payment which was withheld pursuant to
subsections 2 and 5 of this section was not withheld in good faith for reasonable cause, the court may impose
' interest at the rate of one and one-half percent per month calculated from the date of the invoice and may, in its
discretion, award reasonable attorney fees to the prevailing party. In any civil action or part of a civil action
brought pursuant to this section, if a court detcmtines after a hearing for such purpose that the cause was initiated,
' or a defense was asserted, or a motion was filed, or any proceeding therein was done frivolously and in bad faith,
the court shall require the party who initiated such cause,asserted such defense, fried such motion,or causal such
proceeding to be had to pay the other party named in such action the amount of the costs attributable thereto and
reasonable expenses incurred by such party, including reasonable attorney fees.
N (L, 1990 S.B. 808&672§ 1)
' MoDOT DBE Program Regulations, The city,contractor and each subcontractor are bound by the new MoDOT
DBE Program regulations at Title CSR 10,Chapter 8.
' 7. TRADE RESTRICTION CLAUSE(49 CFR PART 30)
The contractor or subcontractor,by submission of an offer and/or execution of a contract,certifies that it:
' a. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that
discriminate against U.S.firms published by the Office of the United States Trade Representative(USTR);
b, has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or
national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more
citizens or nationals of a foreign country on said list;
' c, has not procured any product nor subcontracted for the supply of any product for use on the project that is
produced in a foreign country on said list.
Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR
30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the
contractor knowingly procures or subcontracts for the supply of any product or service of a foreign country on said
' list for use on the project, the Federal Aviation Administration may direct through the Sponsor cancellation of the
contract at no cost to the Government.
1
Further, the contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this
provision for certification without modification in each contract and in all lower tier subcontracts. The contractor •
may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is '
erroneous.
The contractor shall provide immediate written notice to the sponsor if the contractor learns that its certification or '
that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed
circumstances. The subcontractor agrees to provide written notice to the contractor if at any time it learns that its
certification was erroneous by reason of changed circumstances.
This certification is a material representation of fact upon which reliance was placed when making the award. If it '
is later determined that the contractor or subcontractor knowingly rendered an erroneous certification, the Federal
Aviation Administration may direct through the Sponsor cancellation of the contract or subcontract for default at '
no cost to the Government.
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 provision. The knowledge and information of a contractor is
not required to exceed that which is normally possessed by a pnrdent person in the ordinary course of business
dealings.
This certification concerns a matter within 11u jurisdiction of an agency of the United States of America and the '
making of a false,fictitious,or fraudulent certification may render the maker subject to prosecution under Title 18,
United States Code, Section 1001. '
8. TERMINATION OF CONTRACT(49 CFR PART 18.36(1)(2))
(a) The Sponsor may,by written notice,terminate this contract in whole or in part at any time,either for
the Sponsor's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice
services shall be immediately discontinued(unless the notice directs otherwise)and all materials as may have been
accumulated in performing this contract,whether completed or in progress,delivered to the Sponsor. ,
(b) if the termination is for the convenience of the Sponsor, an equitable adjustment in the contract price
shall be made,but no amount shall be allowed for anticipated profit on unperformed services, '
(c) If the termination is due to failure to fulfill the contractor's obligations,the Sponsor may take over the
work and prosecute the same to completion by contract or otherwise. In such case,the contractor shall be liable to
the Sponsor for any additional cost occasioned to the Sponsor thereby. '
(d) If, after notice of termination for failure to fulfill contract obligations, it is determined that the
contractor had not so failed, the tcmrination shall be deemed to have been eftceted for the convenience of Ilrc ,
Sponsor, In such event,adjustment in the contract price shall be made as provided in paragraph 2 of this clause.
(e) The rights and remedies of the sponsor provided in this clause are in addition to any other rights and
remedies provided by law or under this contract. '
9. CLEAN AIR AND WATER POLLUTION CONTROL(49 CFR Part 1836(1)(12))
Contractors and subcontractors agree, ,
a. That any facility to be used in the performance of the contract or subcontract or to benefit from the '
contract is not listed on the Environmental Protection Agency(EPA)List of Violating Facilities;
'• b. To comply with all the requirements of Section 114 of the Clean Air Act,as amended,42 U.S.C. 1857
et seq, and Section 308 of the Federal Water Pollution Control Act,as amended, 33 U.S.C. 1251 et seq. relating to
inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114
and Section 308 of the Acts,respectively,and all other regulations and guidelines issued thereunder,
' c. That, as a condition for the award of this contract, the contractor or subcontractor will notify the
awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the
performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating
Facilities;
d. To include or cause to be included in any construction contract or subcontract,which exceeds$100,000
the aforementioned criteria and requirements.
10. DAVIS BACON REQUIREMENTS(29 CFR PART 5.5)
' 1 Minimum Wastes.
(I) All laborers and mechanics employed or working upon the site of the work will be paid
unconditionally and not less often than once a week, and without subsequent deduction or rebate
' on any account(except such payroll deductions as are permitted by the Secretary of Labor under
the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide fringe benefits(or
cash equivalent thereof)due at time of payment computed at rates not less than those contained
' in the wage determination of the Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may be alleged to exist between the
contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section
1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to
laborers or mechanics, subject to the provisions of paragraph (1)(iv)of this section;also, 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 29 CFR
Part 5.5(a)(4). 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. The wage determination (including any additional
classification and wage rates conformed under(1)(11)of this section)and the Davis-Bacon poster
' (WH-1321) 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 easily be scan by the workers.
' (0)(A) The contracting officer shall require that any class of laborers or mechanics which is not
listed in the wage determination and which is to be employed under the contract shall be
classified in conforrnance with the wage determination. The contracting officer shall approve
an additional classification and wage rate and fringe benefits therefore only when the
' following criteria have been met:
(1) The work to be performed by the classification requested is not performed
' by a classification in the wage determinations;and
• (2) The classification is utilized in the arcs by the construction industry;and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a •'
reasonable relationship to the wage rates contained in the wage determination.
(B) If the contractor and the laborers and mechanics to be employed in the classification (if '
known), 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 Administrator of the Wage
and Hour Division, Employment Standards Administration, U.S. Department of Labor,
Washington, D.C. 20210, The 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.
(C) in the event the contactor, the laborers or mechanics to be employed in the 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 (tic Administrator for determination. The
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.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to ,
subparagraphs(1)(B)or(C)of this paragraph, shall be paid to all workers performing work
in the classification under this contract from the first day on which work is performed in the
classification.
(ill).Whenever the minimum wage rate prescribed in the contact for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay
the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an ,
hourly cash equivalent thereof.
(iv) If the contractor does not make payments to a trustee or other third person, the contractor may '
consider as 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.
2. Withholding. '
The Federal Aviation Administration or the Sponsor shall upon its own action or upon written request of '
an authorized representative of the Department of Labor withhold or cause to be withheld from the
contractor under this contract or any other Federal contract with the same prime contractor, or any other
Federally-assisted contract subject to David-Bacon prevailing wage requirements, which is held by the
same prime contractor, so much of the accrued payments or advances as may be considered necessary to ,
pay laborers and mechanics, including apprentices, trainees, and helpers, employed by lire 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, traince, or helper, employed or working on the site of '
work, all or part of the wages required by the contract, the Federal Aviation Administration may, after
written notice to the contractor, sponsor, applicant, or owner, lake such action as may be necessary to •
cause the suspension of any further payment, advance, or guarantee of funds until such violations have
ceased. '
,• 3 Payrolls and basic records.
(I) Payrolls and basic records relating thereto shall be maintained by die contractor during the
course of the work and preserved for a period of three years thereafter for all laborers and
' mechanics working at the site of the work. Such records shall contain the name,address,and
social security number of each such worker, his or her correct classification, hourly rates of
wages paid(including rates of contributions or costs anticipated for bona fide fringe benefits
or cash equivalents thereof of the types described in 1(b)(2)(B) of the Davis-Bacon Act),
daily and weekly number of hours worked, deductions made and actual wages paid.
Whenever the Secretary of Labor has found under 29 CFR 5,5(a)(1)(iv)that the wages of any
laborer or mechanic include the amount of any costs reasonably anticipated in providing
benefits under a plan or program described in section I(b)(2)(B)of the Davis-Bacon ALL the
contractor shall maintain records which show that the commitment to provide such benefits
is enforceable, that the plan or program is financially responsible, and that the plan or
' program has been communicated in writing to the laborers or mechanics affected, and
records which show the costs anticipated or the actual costs incurred in providing such
benefits. Contractors employing apprentices or trainees under approved programs shall
maintain written evidence of the registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and trainees, and the ratios and wage
rates prescribed in the applicable programs.
(ii) (A) The contractor shall submit weekly, for each week in which any contract work is performed,
'. a copy of all payrolls to the applicant, sponsor, or owner, as the case may be, for
transmission to the Federal Aviation Administration. The payrolls submitted shall set out
accurately and completely all of the information required to be maintained under paragraph
5,5(s)(3)(i) above. 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 029.00500014-1), U.S. Government Printing Office,
' Washington,D.C. 20402.The prime contractor is responsible for the submission of copies of
payrolls by all subcontractors.
' (B) Each payroll submitted shall be accompanied by a"Statement of Compliance," signed by the
contractor or subcontractor or his or 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 (3)(1) above and that such information is
correct and complete;
(2) That each laborer and 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
carved, other than permissible deductions as set forth in Regulations 29 CFR
Part 3;
' (3) That each laborer or mechanic has been paid not less than the applicable
wage rates and fringe benefits or cash equivalents for the classification of work
' performed, as specified in the applicable wage determination incorporated into
the contract.
(C) 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(3)(ii)(B)of this section. ,
(D) The falsification of any of the above certifications may subject the contractor or
subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 ,
of Title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (3)(1) of
this section available for inspection,copying or transcription by authorized representatives of '
the Sponsor, the Federal Aviation Administration or the Department of Labor, 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 Federal agency may, after written notice to the contractor, sponsor, applicant or owner,
take such action 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.
4 Amm enticcs and Trainees. '
(i) Apprentices. 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 U.S. Department of Labor,
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 or
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 Sate Apprenticeship Agency (where
appropriate)to be eligible for probationary employment as an apprentice.The allowable ratio ,
-of apprentices to journeymen 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 worker listed on a payroll at an apprentice wage rate,who is not registered or ,
otherwise employed as sated above, shall be paid not less than the applicable wage rate on
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 is performing
construction on a project in a locality other than that in which its program is registered, the
ratios and wage rates(expressed in percentages of the journeyman's hourly rate)specified in '
the contractor's or subcontractor's registered program shall be observed. 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 journeymen 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 determines that a '
different practice prevails for the applicable apprentice classification,fringes shall be paid in
accordance with that determination. 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 will no longer be permitted to utilize apprentices at
less than the applicable predetermined rate for the work performed until an acceptable •
program is approval.
1
'• (ii) Trainees. 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 U.S. Department of labor, Employment and Training
Administration. The ratio of trainees to journeymen on the job site shall not be greater than
permitted under the plan approval by the Employment and Training Administration.Every
trainee must be paid at not less than the rate specified in the approved program for the
trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified
in the applicable wage determination. Trainees shall be paid fringe benefits in accordance
with the provisions of the trainee program. If the trainee program does not mention fringe
benefits, trainees shall be paid the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and Hour Division determines that there
is an apprenticeship program associated with the corresponding journeyman wage rate on
the wage determination which provides for less than full fringe benefits for apprentices. 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. In the event the
Employment and Training Administration withdraws approval of a training program, the
contractor will no longer be permitted to utilize trainees at less than the applicable
' predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal Employment Opportunity. The utilization of apprentices, trainees and journeymen
under this part shall be in conformity with the equal employment opportunity requirements
of Executive Order 11246,as amended,and 29 CFR Part 30.
5. Compliance With Copeland Ad Reauirements
The contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference
in this contract.
' 6. Subcontracts
The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Par
'
5.5(a)(1)through(10)and such other clauses as the Federal Aviation Administration may by appropriate
instructions require, and also a clause requiring the subcontractors to include these clauses in any lower
tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or
lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5,
7. Contract Termination:Debarment
' A breach of the contract clauses in paragraph 11.1 through 11.10 of this section and paragraphs 12.1
through 12.5 of the next section below may be grounds for termination of the contract, and for the
debarment as a contractor and a subcontractor as provided in 29 CFA 5.12.
' 8. Compliance With Davis-Bacon and Related Act Renuirements
' All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Pans 1,3,and 5
are herein incorporated by reference in this contract.
• 9. Disputes Concerning Labor Standards.
1
Disputes arising out of the labor standards provisions of this contract shall not be subject to the general •,
disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the
Department of Labor set forth in 29 CFR Parts 5, G and 7. Disputes within the meaning of this clause ,
include disputes between the contractor(or any of its subcontractors)and the contracting agency, the U.S.
Department of Labor,or the employees or their representatives.
10. Certification of Eligibility, r
(i) By entering into this contract, the contractor certifies that neither it(nor s/he) nor any
person or firm who has an interest in the contractor's firm is a person or firm ineligible to be ,
awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR
5.12(a)(1).
(ii)No part of this contract shall be subcontracted to any person or firm ineligible for award ,
of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR
5.12(x)(1). 1
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18
U.S.C. 10011
11. CONTRACT WORKHOURS AND SAFETY STANDARDS ACT REQUIREMENTS(29 CFR PART 5)
1. Overtime Rcouirtments, No contractor or subcontractor contracting for any part of the contract work which
may require or involve the employment of laborers or mechanics shall require or permit any such laborer or
mechanic,including watchmen and guards,in any workweek in which he or she is employed on such work to work
in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less
than one and one-half limes the basic rate of pay for all hours worked in excess of forty hours in such workweek.
2. Violation• Liability for Unpaid Wages:Liquidated Damages In the event of any violation of the clause set forth '
in paragraph l above,the contractor or any subcontractor responsible therefor shall be liable for the 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 shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph 1, above, in the sum of$10 for
each calendar day on which such individual was required or permitted to work in excess of the standard workweek '
of forty hours without payment of the overtime wages require(by the clause set forth in paragraph 1 above.
3. Withholding for Unpaid Wages and Liquidated Damages. The Federal Aviation Administration or the Sponsor '
shall upon its own action or upon written request of an authorized representative of the Department of Labor
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 die
smut 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 2 above.
4. Subcontractors. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in '
paragraphs 1 through 4 and also a clause requiring the subcontractor to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier '
subcontractor with the clauses set forth in paragraphs 1 through 4 of this section.
1
1• 12. EQUAL EMPLOYMENT OPPORTUNITY(41 CFR PART 60-1.4(b))
' During the performance of this contract,the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race,color,
' religion, sex,or national origin. The contractor will take affirmative action to ensure that applicants arc employed,
and that employees are treated during employment without regard to their race, color, religion, sex, or national
origin. Such action shall include, but not be limited to the following: 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. The contractor agrees to post in conspicuous places,available
to employees and applicants for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
' (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the
contractor, state that all qualified applicants will receive considerations for employment without regard to race,
color,religion,sex,or national origin.
(3) The contractor will send to each labor union or representative of workers with which s/he has a collective
bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or
1 workers'representatives of the contractor's commitments under this section, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
(4) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended,
and of the rules,regulations,and relevant orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports required by Executive Order 11246 of September 24,
1965,and by rules, regulations, and orders of the Secretary of Labor,or pursuant thereto,and will permit access to
N
Ids books, records, and accounts by the administering agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules,regulations,and orders.
' (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any
of the said riles, regulations,or orders,this contract may be canceled,terminated or suspended in whole or in part
and the contractor may be declared ineligible for further Government contracts or federally assisted construction
contracts in accordance with procedure authorized in Executive Order 11246 of September 24, 1965, and such
other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,
1%5,or by rule,regulation,or order of the Secretary of Labor,or as otherwise provided by law.
(7) The contractor will include the portion of the sentence immediately preceding paragraph 1 and the provisions
of paragraphs 1 through 7 in every subcontract or purchase order unless exempted by riles, regulations,or orders
of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with
respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such
provision, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes
' involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the
administering agency the contractor may request the United States to enter into such litigation to protect the
interests of the United States,
13. EEO COMPLIANCE(41 CFR PART 60-1.7)
' B=rling Requirements: Pursuant to Executive Order 11246 and Federal Regulation 49 CFR Part 60-1.7, the
CONTRACTOR and its subcontractors shall, within 30 days after award of contract, file a compliance report on
• Standard Form 100 (EEO-I) if said report has not been submitted within the twelve months preceding the date of
award. This report is required if the CONTRACTOR or it's subcontractors meet the following criteria:
a. It is not exempt from the provisions as described in 49 CFR Part 60-5.1; •,
b. It has 50 or more employees; ,
c. Is a prime a prime contractor or first tier subcontractor, '
d. Has a contract,subcontract or purchase order amounting to$50,000 or more.
14. ENERGY CONSERVATION REQUIREMENTS(49 CFR Part 18.36) ,
The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency that arc
contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act
(Public Law 94-163) ,
15. REQUIREMENTS FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT
OPPORTUNITY(41 CFR Part 60-2)
1. The goals and timetables for minority and female participation, expressed in percentage terms for the 1
contractor's aggregate workforce in each trade on all construction work in the covered area, are identified in the
Notice-to Bidders: ,
These goals arc applicable to all the contractor's construction work (whether or not it is Federal or federally-
assisted) performed in the covered area, If the contractor performs construction work in a geographical area '
located outside of the geographical area where the work is actually performed. With regard to this second area,the
contractor also is subject to the goals for both its Federally involved and nonfederally involved construction.
The contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on
its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the
specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female
employment and training shall be substantially uniform throughout the length of the contract, and in each trade, '
and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects.
The transfer of minority or female employees or trainees from contractor to contractor or from project to project,
for the sole purpose of meeting the contractor's goals,shall be a violation of the contract,the Executive Order,and
the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours '
performed.
2. The contractor shall provide written notification to the Director, OFCCP, within 10 working days of award of '
any construction subcontract in excess of$10,000 at any tier for construction work under the contract resulting
from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor,
employer identification number of the subcontractor;estimated dollar amount of the subcontract;estimated starting '
and completion dates of subcontract;and the geographical area in which the subcontract is to be performed.
3. As used in this notice and in the contract, the "covered arcs" means the geographical area described in the
solicitation from which the contract results. ,
16. CERTIFICATION OF NONSEGREGATED FACILITIES(41 CFR Part 60-1.8)
Notice to Prospective Subcontractors of Requirements for Certification of Non-Segregated Facilities '
1. A Certification of Nonsegregated Facilities shall be submitted prior to the award of a subcontract exceeding '
$10,1100,which is not exempt from the provisions of the Equal Opportunity Clause.
'• 2. Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the
Equal Opportunity Clause will be required to provide for the forwarding of this notice to prospective subcontractors
' for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the
provisions of the Equal Opportunity Clause, NOTE: The penalty for making false statements in offers is
prescribed in 18 U.S.C. 1001.
' CERTIFICATION OF NONSEGREGATED FACILITIES
The federally-assisted construction Contractor, certifies that it 09cs not maintain or provide, for
its employees,any segregated facilities at any of its establishments and that it does not permit its
employers to perform their services at any location, under its control, where segregated facilities
arc maintained. The BIDDER certifies that it will no maintain or provide, for its employees,
' segregated facilities at any of its establishments and that it will not permit its employees to
perform their services at any location under its control where segregated facilities are maintained.
The Bidder agrees that a breach of this certification is a violation of the Equal Opportunity
' Clause,which is to be incorporated in the contract.
As used in this certification, the term "segregated facilities" means any waiting rooms, work
areas, restrooms, and washrooms, restaurants and other eating areas, dmeclocks, locker rooms
' and other storage or dressing areas,parking lots,drinking fountains, recreation or entertainment
areas, transportation, and housing facilities provided for employees which arc segregated on the
basis of race, color, religion, or national origin because of habit, local custom, or any other
' reason. The Bidder agrees that (except where it has obtained identical certifications from
proposed subcontractors for specific time periods) it will obtain identical certifications from
proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not
exempt from the provisions of the Equal Opportunity Clause and that It will retain such
Ncertifications in its files.
17. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION
CONTRACT SPECIFICATIONS(41 CFR 604.3)
' 1. As used in these specifications:
a. "Covered area" means the geographical area described in the solicitation from which this
contract resulted;
b. "Director" means Director, Office of Federal Contract Compliance Programs(OFCCP), U.S.
Department of Labor,or any person to whom the Director delegates authority;
C. "Employer identification number" means the Federal social security number used on the
Employer's Quarterly Federal Tax Return,U.S.Treasury Department Form 941;
' d. "Minority"includes:
(1) Black (all) persons having origins in any of the Black African mciai groups not of
' Hispanic origin);
(2) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American, or
' other Spanish culture or origin regardless of race);
• (3) Asian and Pacific islander(all persons having origins in any of the original peoples of
the Far East,Southeast Asia,the Indian Subcontinent,or the Pacific Islands);and
(4) American Indian or Alaskan native (all persons having origins in any of the original •'
peoples of North America and maintaining identifiable tribal affiliations through '
membership and participation or community identification).
2. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any '
construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these
specifications and the Notice which contains the applicable goals for minority and female participation and which
is set forth in the solicitations from which this contract resulted.
3. If the contractor is participating (pursuant to 41 CFR 60.4.5) in a Hometown Plan approved by the U.S. '
Department of Labor in the covered area either individually or through an association, its amrmativc action
obligations on all work in the Plan area (including goals and timetables)shall be in accordance with that Plan for '
those trades which have unions participating in the Plan, Contractors shall be able to demonstrate their
participation In and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor
participating in air approved plan is individually required to comply with its obligations under the EEO clause and ,
to make a good faith effort to achieve cacti goal under the Plan in each trade in which it has employees. The
overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not
excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and
timetables. ,
4. The contractor shall implement the specific affirmative action standards provided in paragraphs 18.7a through
18.7p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed '
as percentages of the total hours of employment and training of minority and female utilization the contractor
should reasonably be able to achieve in cacti concoction trade in which it has employees in the covered area.
Covered construction contractors performing construction work in a geographical area where they do not have a
Federal or federally assisted construction contract shall apply the minority and female goals established for the
geographical area where the work is being performed. Goals are published periodically in the Federal Register in
notice form,and such notices may be obtained from any Office of Federal Contract Compliance Programs office or
from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress '
in meeting its goals in each craft during the period specified.
5. Neither the provisions of any collective bargaining agreement nor the failure by a union with whom the '
contractor has a collective bargaining agreement to refer either minorities or women shall excuse the contractor's
obligations under these specifications,Executive Order 11246 or the regulations promulgated pursuant thereto.
6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals,such '
apprentices and trainees shall be employed by the contractor during the training period and the contractor shall
have made a commitment to employ the apprentices and trainees at the completion of their training,subject to the
availability of employment oppommides. Trainees shall be trained pursuant to training programs approved by the ,
U.S.Department of Labor,
7. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation
of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results '
from its actions. The contractor shall document these efforts fully and shall implement affirmative action steps at
least as extensive as the following:
a. Ensure and maintain a working environment free of harassment,intimidation,and coercion at '
all sites, and in all facilities at which the contractor's employees are assigned to work. The
contractor, where possible, will assign two or more women to cacti construction project. The '
contractor shall specifically ensure that all foremen,superintendents,and other onsite supervisory
personnel are aware of and carry out the contractor's obligation to maintain such a working •
environment,with specific attention to minority or female individuals working at such sites or in
such facilities. '
b. Establish and maintain a current list of minority and female recruitment sources, provide
' written notification to minority and female recruitment sources and to community organizations
when the contractor or Its unions have employment opportunities available, and maintain a
record of the organizations'responses.
' c. Maintain a current file of the names, addresses, and telephone numbers of each minority and
female offthe-strut applicant and minority or female referral from a union, a recruitment
source, or community organization and of what action was taken with respect to each such
' individual, If such individual was sent to the union hiring hall for referral and was not referred
back to the contractor by the union or, if referred, not employed by the contractor, this shall be
documented in the file with the reason therefore along with whatever additional actions the
contractor may have taken.
d. Provide immediate written notification to the Director when the union or unions with which
the contractor has a collective bargaining agreement has not referred to the contractor a
minority person or female sent by the contractor, or when the contractor has other information
that the union referral process has impeded the contractor's efforts to meet its obligations.
' c. Develop on-the-job training opportunities and/or participate in training programs for the area
which expressly include minorities and women, including upgrading programs and
apprenticeship and trainee programs relevant to the contractor's employment needs, especially
those programs funded or approved by the Department of labor. The contractor shall provide
notice of these programs to the sources compiled under 7b above,
E Disseminate the contractor's EEO policy by providing notice of the policy to unions and
training programs and requesting their cooperation in assisting the contractor in meeting its EEO
obligations; by including it in any policy manual and collective bargaining agreement; by
publicizing it in the company newspaper,annual report,etc.;by specific review of the policy with
all management personnel and with all minority and female employees at least once a year and
by posting the company EEO policy on bulletin boards accessible to all employees at each
location where construction work is performed.
' g. Review, at least annually,the company's EEO policy and affirmative action obligations under
these specifications with all employees having any responsibility for hiring, assignment, layoff,
termination, or other employment decisions including spec review of these items with onsite
' supervisory personnel such a superintendents, general foremen, etc., prior to the initiation of
construction work at any Job site. A written record shall be made and maintained identifying the
time and place of these meetings, persons attending, subject matter discussed, and disposition of
' the subject matter.
It. Disseminate the contractor's EEO policy externally by including it in any advertising in the
news media, specifically including minority and female news media, and providing written
' notification to and discussing the contractor's EEO policy with other contractors and
subcontractors with whom the contractor does or anticipates doing business,
i, Direct its recruitment efforts, both oml and written, to minority, female, and community
organizations, to schools with minority and female students; and to minority and female
recruitment and training organizations serving the contractor's recruitment area and employment
' needs. Not later than one month prior to the date for the acceptance of applications for
apprenticeship or other training by any recruitment source, the contractor shall send written
• notification to organizations, such as the above, describing the openings, screening procedures,
and tests to be used in the selection process.
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j. Encourage present minority and female employees to recruit other minority persons and
women and, where reasonable provide after school, summer, and vacation employment to
minority and female youth both on the site and in other areas of a contractor's workforce. '
k. Validate all tests and other selection requirements where there is an obligation to do so under
41 CFR Part 60.3. '
1. Conduct, at least annually, an inventory and evaluation at least of all minority and female
personnel, for promotional opportunities and cncoumge these employees to seek or to prepare for,
through appropriate training,etc.,such opportunities. ,
m. Ensure that seniority practices,job classifications, work assignments, and other personnel
practices do not have a discriminatory effect by continually monitoring all personnel and '
employment related activities to ensure that the EEO policy and the contractor's obligations
under these specifications are being carried out.
n. Ensure that all facilities and company activities am nonsegregated except that separate or '
single user toilet and necessary changing facilities shall be provided to assure privacy between
the sexes.
o. Document and maintain a record of all solicitations of offers for subcontracts from minority '
and female construction contractors and suppliers, including circulation of solicitations to
minority and female contractor associations and other business associations. '
p. Conduct a review, at least annually, of all supervisor's adherence to and performance under
the contractor's EEO policies and affirmative action obligations.
8, Contractors are encouraged to participate in voluntary associations, which assist in fulfilling one or more of
their affirmative action obligations(18.7a through 18.7p). The efforts of a contractor association,joint contractor
union,contractor community, or other similar groups of which the contractor is a member and participant, may be '
asserted as fulfilling any one or more of its obligations under 18.7a through 18.7p of these specifications provided
that the contractor actively participates in the group, makes every effort to assure that the group has a positive
impact on the employment of minorities and women in the industry, ensures that the concrete bents of the '
program am reflected in the contractor's minority and female workforce participation, makes a good faith clfort to
mat its individual goals and timetables, and can provide access to documentation which demonstrates the
effectiveness of actions taken on behalf of the contractor, The obligation to comply, however, is the contractor's
and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. '
9. A single goal for minorities and a separate single goal for women have been established. The contractor,
however, is required to provide equal employment opportunity and to take affirmative action for all minority '
groups, both male and female, and all women, both minority and non-minority. Consequently, if the particular
group is employed in a substantially disparate manner (for example, even though the contractor has achieved its
goals for women generally,)the contractor may be in violation of the Executive Order if a specific minority group '
of women is underutilized.
10. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against
any person because of race,color,religion,sex,or national origin. '
11. The contractor shall not enter into any subcontract with any person or firm debarred from Government
contracts pursuant to Executive Order 11246. ,
12. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the •
Equal Opportunity Clause, including suspension, termination, and cancellation of existing subcontracts as may be
imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the '
,• Office of Federal Contract Compliance Programs. Any contractor who fails to carry out such sanctions and
penalties shall be in violation of these specifications and Executive Order 11246,as amended.
13. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative
action steps, at least as extensive as those standards prescribed in paragraph 18.7 of these specifications, so as to
achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply
with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director
shall proceed in accordance with 41 CFR 60-4.8.
' 14. The contractor shall designate a responsible official to monitor all employment related activity to ensure that
the company EEO policy is being carried out,to submit reports relating to the provisions hereof as may be required
by the Government, and to keep records. Records shall at least include for each employee, the name, address,
' telephone number, construction trade, union affiliation if any, employee identification number when assigned,
social security number,race, sex, status(e.g.,mechanic,apprentice,trainee,helper,or laborer),dates of changes in
status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed.
Records shall be maintained in an easily understandable and retrievable form; however,to the degree that existing
records satisfy this requirement,contractors shall not be required to maintain separate records.
15. Nothing herein provided shall be construed as a limitation upon the application of other laws,which establish
different standards of compliance or upon the application of requirements for the hiring of local or other am
residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block
Grant Program).
' 18. BUY AMERICAN PREFERENCES(Title 49 U.S.C. Chapter 501)
1. The Aviation Safety and Capacity Expansion Act of 1990 provides that preference be given to steel and
N manufactured products produced in the United States when funds are expended pursuant to a grant issued under
the Airport Improvement Program. The following terns apply:
' a. Steel and manufactured products. As used in this clause, steel and manufactured products include(1)
steel produced in the United States or(2) a manufactured product produced in the United States, if the cost of its
components mined, produced or manufactured in the United States exceeds 60 percent of the cost of all its
' components and final assembly has taken place in the United States. Components of foreign origin of the same
class or kind as the products referred to in subparagraphs b. (1)or(2)shall be treated as domestic,
b. Components. As used in this clause, components means those articles, materials, and supplies
' incorporated directly into steel and manufactured products.
c. Cost of Components. This means the costs for production of the components, exclusive of final
' assembly labor costs.
2. The successful bidder will be required to deliver only domestic steel and manufactured products,except those:
' a. that the US Department of Transportation has determined, under the Aviation Safety and Capacity
Expansion Act of 1990,are not produced in the United States in sufficient and reasonably available quantities and
of a satisfactory quality;
' b. that the US Department of Transportation has determined, under the Aviation Safety and Capacity
Expansion Act of 1990,that domestic preference would be inconsistent with the public interest;or
percent. c. that inclusion of domestic material will increase the cost of the overall project contract by more than 25
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19. VETERAN'S PREFERENCE(Title 49 U.S.C.47112(c)) •'
In the employment of labor (except in executive, administrative, and supervisory positions), preference shall be '
given to Veterans of the Vietnam em and disabled veterans as defined in Section 515(c)(1) and(2)of the Airport
and Airway Improvement Act of 1982. However, this preference shall apply only where the individuals arc
available and qualified to perform the work to which the employment relates. ,
20. LOBBYING AND INFLUENCING FEDERAL EMPLOYEES(49 CFR Part 20)
1. No Federal appropriated funds shall be paid,by or on behalf of the contractor,to any person for influencing or ,
attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with the making of any Federal great and the
amendment or modification of any Federal grant. '
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency,a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with any Federal grant, the contractor shall ,
complete and submit Standard Form-LLL, "Disclosure of Lobby Activities,"in accordance with its instructions.
21.. AIRPORT JOB SPECIAL PROVISION ,
"By entering into this Contract, the Contractor agrees to comply with all applicable terms of Executive Order
12818, issued by President George Bush on October 23, 1992, prohibiting certain contractual requirements, and ,
prohibiting discrimination against certain persons or entities on the basis of whether or not labor organization
Agreement's or aftfiliations exist. The Contractor further agrees to include within its contracts and subcontracts
governing this work, a provision which requires those contractors to comply with)executive Order 12818 (except
as may be exempted by the executive order itself).
The contractor understands, and agrees to inform its own contractors and subcontractors, that failure to comply
with Executive Order 12818 will subject them to disciplinary action as appropriate, including but not limited to, '
debarment, suspension, termination of the contract for default, or the withholding of payments, The Contractor
also understands that the Sponsor has no policies or contractual provisions which violate Executive Order 12818,"
22. EXECUTIVE ORDER 94-03 '
The Contractor shall comply with all the provisions of Executive Order 94-03, issued by the Honorable Mel
Carnahan,.Ga%fnor of Missouri, on the fourteenth (14°i) day of January 1994, which executive order is '
incorporated.I rOtein.by reference and is made a part of this contract. This Executive Order which promulgates a
Code of Fair mctices in regard to nondiscrimination, is incorporated herein by reference and made a part of this
Contract:This Executive Order prohibits discriminatory practices by the state, tine contractor or its subcontractors '
based on race,color,religion, national origin,sex,age,disability,or veteran status.
23. GENERAL GUARANTY
Neither the final certificate of payment nor any provision in the Contract nor partial or entire use of the '
improvements embraced in this Contract by the Owner or the public shall constitute an acceptance of work not
done in accordance with the Contract or relieve the Contractor of liability in respect to any express warranties or '
responsibility for faulty materials or workmanship, The Contractor shall promptly remedy any defects in the work
and pay for any damage to other work resulting therefrom which shall appear within a period of 12 months from
the date of final acceptance of work. The owner will give notice of defective materials and work with reasonable ,
promptness. In the event repair work is required, the contractor shall remedy any defects and pay for damage to
other work resulting therefrom which shall appear within a period of 12 months from the date of the acceptance of •
the repair work.
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I• PART B
DBE ADMINISTRATION
2. Eligibility of DBE's: Only those firms currently certified as DBE's by the Missouri Department of
Transportation (MoDOT) are eligible to participate as DBE's on this contract. A list of these firms can be
obtained from MoDOT,consulting engineer,or the sponsor.
2. Counting DBE Participation Towards DBE Goals: DBE participation toward attainment of the goal will be
computed on the basis of the subcontract prices agreed to between the contractor and subcontractors for the
contract items or portions of items being sublet, as documented in the Proposal Form. Credit will only be
given for use of DBE's that arc certified or accepted according to this specification.DBE participation shall be
counted toward meeting the DBE goal in accordance with the following:
a. Commercially Useful Function: The Sponsor shall count toward the DBE goal only those
expenditures to DBE's that perform a commercially useful function in the work of the contract. A
DBE performs a commercially useful function when it is responsible for execution of a distinct
element of work by actually performing, managing, and supervising that work. To determine if a
DBE is performing a commercially useful function, the amount of work subcontracted, industry
practices, and other relevant factors will be evaluated. If consistent with industry practices, a DBE
' shall enter into a subcontract or other contractual written agreement. A DBE Contractor may
subcontract a portion of time work up to the amount allowed under standard subcontracting contract
provisions of normal industry practices. A DBE is presumed not to be performing a commercially
useful function if the DBE is performing outside these guidelines.
b. Materials and Supplies: The Sponsor shall count toward the DBE goal the expenditures for
N materials and supplies obtained from DBE suppliers and manufacturers as described below. The
DBE's must assume the actual and contractual responsibility for the provision of the materials and
supplies:
(1) The entire expenditure to a DBE manufacturer will be counted toward the DBE goal. A
manufacturer must operate or maintain a factory or establishment that produces on the premises
the materials or supplies that are obtained by the contractor.
(2) Sixty percent of expenditures to a DBE regular dealer will be counted toward the DBE goal, A
regular dealer must perform a commercially useful function in the supply process including
buying the materials or supplies, maintaining an inventory and regularly selling materials to the
public. Bulk items such as steel, cement, gravel, stone and petroleum products need not be kept
in stock,but the dealer must own or operate distribution equipment.
(3) No credit will be given toward the DBE goal, if the prime contractor makes a direct payment to a
non-DBE material supplier. However, it will be permissible for a material supplier to invoice the
prime contractor and the DBE Jointly and be paid by the prime contractor making remittance to
the DBE firm and material supplier Jointly.
(4) No credit, toward the DBE goal, will be given for the cost of materials or equipment used in a
DBE firm's work when those costs are paid by a deduction from the prime contractor's
paymcm(s)to the DBE firm.
c. Work Classifications: DBE credit will count toward the contractual goal only for work actually
performed by the DBE firm and within the Standard Industry Classification (SIC)code approved for
that firm. The credit will be counted in the following manner:
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(l) Manufacturer, Credit is given for 100 percent of the value paid for materials furnished which •'
become a permanent part of the project. A manufacturer is a firm that owns and operates the
facilities to produce a product required by the project and purchased by the contractor. '
(2) Supplier: Credit is given for 60 percent of the value paid for materials furnished which becomes
a permanent part of the project. A supplier sells goods to the general public and maintains an '
inventory at an owned or leased warehouse or store. Bulk items such as steel,petroleum projects,
or rock do not have to be maintained in an on-site inventory. Credit will not be given for the cost
of the materials and separate credit for the hauling of those same materials. Transportation of ,
the materials is deemed part of the total cost.
(3) Broker: Credit is given for 100 percent of the fees or cominLuion received by the DBE firm for
materials purchased, services provided, or equipment secured and resold to the contractor. Fees ,
or commissions arc defined as the difference between what the DBE firm paid for the materials
purchased, services provided, or equipment secured and the price paid by the contractor to the
DBE firm for those items. A broker does not manufacture or supply on a regular basis, ,
(4) Trucker: Credit is given for 100 percent of the amount paid to the DBE trucker if that trucking is
performed by the DBE, with employees of the DBE, using equipment owned or long-term leased
by the DBE. However, if the DBE firm uses leased trucks, at least one truck owned by the firm '
must be used on the project.
Full credit will not be given for leased trucks unless they arc leased on a long-tern basis from '
another DBE firm, DBE owner operators, or a recognized commercial leasing operation. Firms
licensed by the Missouri Public Service Commission as ]casing agents qualify as a recognized
leasing operation. Lease of trucks from the prime contractor will not be credited toward the DBE
goal, other than possibly the portion constituting broker fees and commissions. This type of
relationship will be subject to strict scrutiny.
All trucks used must be labeled clearly and visibly with a sign indicating the firm owning or '
leasing the vehicle, MoDOT will require submittal of a truck roster report, including ownership
and vehicle identification information, on a regular basis. MoDOT project office or other
designated personnel will review the rosters for verification and will monitor the trucks operating '
on the project. MoDOT will conduct random verification and report any irregularities to the
External Civil Rights Unit for review.
In order for the use of a DBE trucker to be credited for the delivered price of materials supplies, '
the trucker must be certified as a supplier or manufacturer of the material, responsible for the
quality standards of the material,negotiating the material price,payment,and select the source.
(a) Owner-Opemior Trucking: The Sponsor shall count toward the DBE goal, the entire '
delivery fee paid to DBE owner-opemiors performing trucking for the contractor, if they
appear on the contractor's payroll and separate records arc furnished to the Sponsor '
documenting the expenditures. The records shall include for each owner-opemlor, their
social security number;driver's license number; vehicle registration number; current vehicle
license number,truck number;and a complete record of the contract fees paid to them.
If the DBE firm uses owner-operators to supplement their owned trucks, the DBE must be '
responsible for management and supervision of the entire trucking operation. The trucking
arrangement or contract cannot be a contrived am,ngemcnt to meet the DBE goal. The '
DBE will be considered a broker, and only fees or commissions received will count toward
the goal, if the DBE is not in full control, or does not have employees or trucks on the •
project. ,
,• d. Joint Venture: When a joint venture contract is involved, the Sponsor shall count towards the DBE
goal that portion of the contract total dollar value equal to the percentage of ownership and control of
each DBE firm within the joint venture. Such crediting is subject to the sponsor's acceptance of the
joint venture agreement. The Bidder must furnish the joint venture agreement with the DBE
Participation Form, Tlrc joint venture agreement must include a detailed breakdown of the following:
(1) Contract responsibility of the DBE for specific contract items of work,
(2) Capital participation by the DBE,
(3) Specific equipment to be provided by tiro DBE,
(4) Specific responsibilities of the DBE regarding control of the joint venture,
(5) Specific workers and skills to be provided by the DBE,and
' (G) Percentage distribution to the DBE of the projected profit or loss incurred by the joint venture,
The joint venture must be certified in writing by MoDOT.
' 3. Award Documentation and Procedure: All Bidders shall certify in the Proposal Form their intent to meet or
exceed the established goal or to demonstrate good faith efforts to meet the goal. Failure to make such
certification or failure to demonstrate good faith efforts will rcndcr a bid nonresponsive and will not be
' considered.
a. DBE Participation Information: All Bidders must complete the required DBE participation
' information in the Proposal Form, when a DBE goal has been established for the project. The
information shall demonstrate the communes intended participation by certified DBE's. The
information furnished shall consist of:
N (1) The names and addresses of DBE firms that will participate in the contract;
(2) A description of the work that each DBE will perform;
(3) The dollar amount of the participation of each DBE firm participating;
' (4) Written documentation (signed contract proposal) of the bidder/offcmr's commitment to use a
DBE subcontractor whose participation it submits to meet a contract goal;
(2) If the contract goal is not met,evidence of good faith efforts(sec paragraph c below).
' (Note: After award of the contract, the MoDOT External Civil Rights Office will contact by mail each
DBE firm participating in the contract, requesting written confirmation from the DBE that it is
participating in the contract as provided in the Proposal Form.)
' b. Sponsor Evaluation: In selecting the lowest responsible bidder, the Sponsor and MoDOT will
evaluate the DBE information provided with the bid. Tlrc Sponsor and MoDOT may request
' additional DBE information. Prior to awarding the contract, the Sponsor will verify verbally and/or
in writing that the information submitted by the apparent successful bidder is accurate and complete.
' c. Good Faith Efforts: If the bidder is unable to meet the DBE goal, tine bidder must submit in and as
part of its bid,written documentation and evidence of good faith efforts taken to meet the goal. Good
faith efforts conducted after fire bid opening will not be considered adequate to fulfill these bid
requirements, Good faith efforts may include but are not limited to:
' (1) Efforts to select portions of the work for performance by DBE's, in order to increase the
likelihood of achieving tine DBE goal. This can include, but is not limited to, breaking down
contracts into economically feasible units to facilitate DBE participation. Selection of portions of
work shall be at least equal to the DBE goal.
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(2) Written notification to individual DBE's likely to participate in the contract sent at least 7 •'
calendar days prior to the bid opening. The notification shall list specific items or types of work
and shall be sent to a reasonable number of DBE's qualified to participate in the contract. '
(3) Efforts to negotiate with DBE's for specific items of work including:
(a) Names, addresses, and telephone numbers of DBE's who were contacted, the dates of initial '
contact and information on further contacts made to determine with certainty if the DBE's
were interested.Personal or phone contacts arc expo;
(b) Description of the information provided to the DBE's regarding the plans,specifications and
estimated quantities for portions of the work to be performed; '
(c) Individual statements as to why agreements with DBE's were not reached;and
(d) Information on each DBE contacted but rejected and the reasons for the rejection.
(4) Efforts to assist the DBE's that need assistance in obtaining bonding, insurance, or lines of credit ,
required by the contractor.
(5) Documentation that qualified DBE's arc not available or not interested.
(6) Advertisements in general circulation media, trade association publications and disadvantaged- ,
focus media concerning subcontracting opportunities,
(7) Efforts to use the services of available disadvantaged community organizations; disadvantaged
contractor's groups; local, state and federal disadvantaged business assistance offices; and other ,
organizations that provide assistance in recruitment and placement of DBE's.
The demonstration of good faith efforts by the contractor must prove the contractor actively and ,
aggressively sought out DBE's to participate in the project. The following actions would not be
considered acceptable reasons for failure to meet the DBE goal and would no constitute a good faith
effort:
(1) The DBE was unable to provide adequate performance and/or payment bonds. M
(2) A reasonable DBE bid was rejected based on price.
(3) The DBE would not agree to perform the subcontract work at the prime contractors unit bid ,
price.
(4) Union versus non-union status of the DBE firm.
(5) The prime contractor would normally perform all or most of the work included in this contract. ,
(3) The prime contractor solicited DBE participation by mail only.
Should MoDOT and the city determine that the bidder's submitted documentation on good faith
efforts arc inadequate, the bidder must make a written request for administrative reconsideration '
within 2 working days of the notification on lack of good faith efforts. That notice may be faxed or
entailed to:
Lester .Woods,Jr. '
External Civil Rights Administrator
P.O.Box 278
Jefferson City,Missouri 65182 ,
Telephone: (573)751-2859
Fax: (573)526-0558
E-Mail: Lcstcr.WoodsJrrinmodoi.mo.ao% ,
The Administrative Reconsideration Committee will include 3 individuals MoDOT decors
appropriate and the members will be familiar with the DBE program, bidding, construction, and/or '
contracting matters. The External Civil Rights Unit will process the request, including providing
documentation of the determination, and notify the Administrative Reconsideration Committee of the •
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'• request for review, however, the administrator, nor any member of MoDOT that had a part in the
initial determination will be a part of the reconsideration determination.
' As part of this reconsideration,the bidder will have the opportunity to provide written documentation
or argument concerning the issue of whether it met the goal or made adequate good faith efforts to do
' so to the committee. The bidder may choose to meet in person with the Administrative
Reconsideration Committee to discuss the Ending, MoDOT and the city will notify the bidder, in
writing of the decision on reconsideration, explaining the basis for finding that the bidder did or did
not make adequate good faith efforts to meet the goal. The result of the reconsideration process is not
' administratively appealable to the USDOT.
4. Post Award Compliance: If the contract is awarded on less than full DBE goal participation,the contractor is
not relieved of the responsibility to make a determined effort to meet the full goal amount during the life of the
contract. In such a case, the contractor sltall continue good faith efforts throughout the life of the contract to
increase the DBE participation to meet the contract goal.
' If a DBE is unwilling or unable to perform the work specified, the contractor shall request from the Sponsor
and FAA, relief from the obligation to use that DBE. Efforts will be made by the contractor to acquire from
the DBE a letter which states the reason the DBE is unwilling or unable to complete its obligations under the
project. If this results in a DBE contract shortfall, the contractor shall immediately take steps to obtain
another certified DBE to perform an equal dollar value of allowable credit. If a new DBE cannot be found,the
contractor shall submit evidence of good faith efforts within 15 calendar days of the request for relief. The
contractor shall submit the new DBE's name, address, work items and the dollar amount of each item. The
sponsor and the FAA shall approve the now DBE before the DBE starts work.
If the contractor fails to conform to the approved DBE participation or if it becomes evident that the remaining
N work will not meet the approved participation, then the contractor shall submit evidence showing either how
the contractor intends to meet the DBE participation,or what circumstances have changed affecting the DBE
participation. If the sponsor is not satisfied with the evidence, then liquidated damages may be assessed for
' the difference between the approved and actual DBE participation,
5. Records and Reports: The contractor and all of its subcontractors shall keep records as necessary to
' determine compliance with the DBE obligations. The records shall include but arc not limited to:
a. Record of DBE Participation: The names of disadvantaged and non-disadvantaged subcontractors,
regular dealers, manufacturers, consultant and service agencies; the type of work or materials or
services performed on or incorporated in the project;and the actual value of such work.
b. Efforts to Utilize DBE Firms: Documentation of all efforts made to seek out disadvantaged contractor
organizations and individual disadvantaged contractors for work on this project. All correspondence,
personal contacts,telephone calls,etc.,to obtain the services of DBE's should be documented,
b. Final DBE Certification: Upon completion of the individual DBE firm's work, the prime contractor
' shall submit a certification letter attesting to the actual work performed by the DBE firm and the
amount paid the DBE firm. This certification letter shall be signed by both the prime contractor and
the DBE firm. A sample certification letter is available on the MoDOT aviation website at
' httn://e-%iw.niodot.ore/othcrtransport:ition/iviation/avituionitmnidoc.httn.
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I• PART C
LOCAL PROVISIONS
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MANNER AND TIME FOR COMPLETION
The Contractor will furnish all supervision, labor,tools,equipment,materials and supplies necessary to perform,
and 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.
INSURANCE REOUIREMENTS
Without limiting any of the other obligations or liabilities of the Contractor,the Contractor shall secure and
maintain at its own cost and expense,throughout the duration of this Contract and until the work is completed and
accepted by the City,insurance of such types and in such amounts as may be necessary to protect it and the
interests of the City against all hazards or risks of loss as hereunder speed or which may arise out of the
performance of the Contract Documents. The form and limits of such insurance,together with the underwriter
thereof in each case are subject to approval by the City. Regardless of such approval,it shall be the responsibility
' of the Contractor to maintain adequate insurance coverage at all times during the term of the Contract. Failure of
the Contractor to maintain coverage shall not relieve it of any contractual responsibility or obligation or liability
under the Contract Documents. The certificates of insurance,including evidence of the required endorsements
hereunder or the policies,shall be filed with the City within ten(10)days after the date of the receipt of Notice of
Award of the Contract to the Contractor and prior to the start of work. All insurance policies shall provide thrity
(30)days written notice to be given by the insurance company in question prior to modification or cancellation of
such insurance. Such notices shall be mailed,certified mail,return receipt requested,to the Owner Representative,
The minimum coverage for the insurance referred to herein shall be in accordance with the requirements
established below:
(a) Worker's Compensation Statutory coverage per R.S.Mo.267.010 ct seq
Employer's Liability $1,000,000
(b) Commercial General Liability Insurance,including coverage for Premises,Operations,
Products and Completed Operations,Contractual Liability,Broad Form Property Damage, Independent
Contractors,Explosion,Collapse,and Underground Property Damage endorsed for blasting if blasting required.
Such coverage shall apply to bodily injury and property damage on an"Occurrence Form Basis"with limits of Two
Million Dollars($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 covering bodily injury and property damage for owned,now-
owned and hired vehicles,with limits of Two Million Dollars($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 and Contractor's Protective Liability Insurance to protect the City,its agents,
servants and employees from claims which may arise from the performance of this Contract,with limits of Two
Million Dollars($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.
The Owner's and Contractor's Protective Liability Insurance must:
• (1) be a separate policy with the named insured being: The City of Jefferson City,Missouri;
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(2) be with the same insurance company with which the Contractor carries its Commercial •'
General Liability Insurance and Automobile Liability Insurance;and
3) contain an endorsement that disclaims coverage for any claim barred by the doctrines of '
sovereign immunitGy or official immunity,except attorney's fees and other litigation costs incurred in defending a
claim. Nothing contained in this policy(or endorsement thereto)shall constitute any waiver of whatever kind of '
these defenses or sovereign immunity or official immunity for any monetary amount whatsoever.
(o) Builders Risk Insurance for contracts involving unoccupied structures. The Contractor shall '
secure All Risk Builder's Insurance, Unless specifically authorized by the City,the amount of such insurance shall
not be less than the total contract price. The policy shall name as insured the Contractor and the City of Jefferson
City.
(f) 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. Contractor shall require any and all subcontractors with whom it ,
enters into a contract to perform work on this project to protect the City through insurance
` against applicable hazards or risks and shall,upon request of the City,provide evidence of such
Insurance.
(g) Notice. The Contractor and/or subcontractor shall furnish the City prior to beginning the work, '
the policy as specified in subparagraph(d),and satisfactory proof of carriage of all the insurance
required by this Contract,with the provision that policies shall not be canceled, modified or non-
renewed without thirty(30)days written notice to the City of Jefferson City. ,
CONTRACTOR'S RESPONSIBILM FOR SUBCONTRACTORS
The.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, and insofar as applicable to thw
work of subcontracts and to give Contractor tite 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 relation between the subcontractor and the City or between any subcontractors,
GENERAL INDEPENDENT CONTRACTOR CLAUSE
This agreement does not create an employeelcmployer relationship between the parties. It is the parties' intention 1
that the Contractor will be an independent contractor and not the City's employee for all purposes, including, but
not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal '
Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the
Internal Revenue Code, Missouri Revenue and Taxation Laws, Missouri Workers' Compensation and
Unemployment Insurance laws. The Contactor will retain sole and absolute discretion in the judgment of the '
manner and means of carrying out the Contractor's activities and responsibilities hereunder. The Contractor
agrees that it is a separate and independent enterprise from the public employer, that is has a full opportunity to
find other business, that is has made its own investment in its business,and that it will utilize a high level of skill
necessary to perform the work. Thus agreement stall not be construed as creating any joint employment '
relationship between the Contractor and the City, and the City will not be liable for any obligation incurred by the
Contractor,including but not limited to unpaid minimum wages and/or overtime premiums.
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'• TERMINATION
' The City reserves the right to terminate this contract by giving at least five (5) days prior written notice to the
Contractor, without pmJudicc to any other rights or remedies of the City should the Contractor be adjudged a
bankrupt, or if Contractor should make a general assignment for the benefit of its creditor, or if a receiver should
be appointed for Contractor or for any of its property, or if Contractor should persistently or repeatedly refuse or
fail to supply enough properly skilled workmen or proper material, or if Contractor should refuse or fail to make
prompt payment to any person supplying labor or materials for the work under the contract, or persistently
disregard instructions of the City or fail to observe or perform any provisions of the contract.
CITYIS RIGHT TO PROCEED
' In the event this contract is terminated pursuant to the above paragraph, 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.
' TERMINATION FOR CONVENIENCE OF THE CITY
' The City shall have the right at anytime by written notice to Contractor to terminate and cancel this contract,
without cause, for the convenience of the City, and Contractor shall immediately stop work. In such event City
shall not be liable to Contractor except for payment for actual work performed prior to such notice in an amount
M proportionate to the completed contract price and for the actual costs of preparations made by Contractor for the
performance of the cancelled portions of the contract,including a reasonable allowance of profit applicable to the
actual work performed and such preparations. Anticipatory profits and consequential damages shall not be
recoverable by Contractor.
' LIABILITY AND INDEMNITY
a, in no event shatt the City be liable to the Contractor for special,indirect,or consequential damages,
except those caused by the City's gross negligence or willful or wanton misconduct arising out of or
in any way connected with a breach of this contract. The maximum liability of the City shall be
limited to the amount of money to be paid or received by the City under this contract.
' b. The Contractor shall defend, indemnify and save harmless the City, its elected or appointed officials,
agents and employees from and against any and all liability,suits, damages, costs(including attorney
fees), losses, outlays and expenses from claims in any manner caused by, or allegedly caused by, or
' arising out of, or connected with, this contract, or the work or any subcontract thereunder (the
Contractor hereby assuming full responsibility for relations with subcontractors), including, but not
limited to , claims for personal injuries, death, property damage, or for damages from the award of
this contract to the Contractor, notwithstanding any possible negligence, whether sole or concurrent,
on the part of the City,its officials,agents and employees.
C. The Contractor shall indemnify and hold the City harmless from all wages or overtime compensation
due any employees in rendering services pursuant to this agreement or any subcontract, including
' payment of reasonable attorneys' fees and costs in the defense of any claim made under the Fair
Labor Standards Act,the Missouri Prevailing Wage Law or any other federal or state law.
d. The Indemnification obligations of Contractor hereunder shall not be limited by any limitations as to
' the amount or type of damages, compensation or benefits payable by or for the Contractor, under any
federal or state law, to any person asserting the claim against the City, its elected or appointed
• officials,agents and employees,for which indemnification is sought.
C. The indemnification obligations herein shall not negate,abridge or reduce in any way any additional •'
indemnification rights of the City, its elected or appointed officials,agents and employees,which are
otherwise available under statute,or in law or equity. '
E Contractor affirms that is has had the opportunity to recover the costs of the liability insurance require
in this agreement in its contract price. Contractor's obligation under this agreement to defenc,
indemnify,and hold harmless any person form that person's own negligence or wrongdoing is limited t
to the coverage and limits of the applicable insurance required of time Contractor under this
agreement.
PAYMENT FOR LABOR AND MATERIALS 1
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. '
SUBSURFACE CONDITIONS
Contractor agrees that the information contained in the published reports and public actions of the Missouri ,
DIvision of Geology and Land Survey shall be conclusive and binding upon the Contractor as to what subsurface
conditions at the job site are reasonably anticipated or reasonably foreseeable.
CONFLICT OF INTEREST '
In accepting this contract, Contractor certifies that no member or officer of its firm or corporation is an officer or t
employee of the City of Jefferson City, Missouri, or any of its boards or agencies, and further that no officer ar
employee of the City has any financial interest, direct or indirect, in this contract. All applicable federal
regulations and provisions of RS,Mo. Section 105.450 et seq,shall not be violated.
ASSIGNMENT
The Contractor shall not assign any interest in this contract, and shall not transfer any interest in the same '
(whether by assignment or novation), without prior written consent of the City thereto, provided, however, that
claims for money due or to become due to the Contractor from the City under this Contract may be assigned to a
bank, trust company, or other financial institution without such approval. Notice of such assignment or transfer '
shall be famished in writing promptly to the City and the bond surety. Any such assignment is expressly subject to
all rights and remedies of the City under this agreement, including the right to change or delete activities from the
Contract or to terminate the same as provided herein, and no such assignment shall require the City to give any '
notice to any such assignee of any actions which the City many take under this agreement.
NONDISCRIMINATION
The Contractor agrees in the performance of this contract not to discriminate on the grounds 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.
NONRESMENT/FOREIGN CONTRACTORS
The Contractor shall procure and maintain during the life of this contract: '
a. If the Contractor is a foreign corporation, a certificate of authority to transact business in the '
State of Missouri from the Secretary of State,unless exempt pursuant to the provisions of Section
351.570 RS.Mo. •
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'• b. A certificate from the Missouri Director of Revenue evidencing compliance with the transient
employer financial assurance law, unless exempt pursuant to the provisions of Section 285.230
R.S.Mo.
ENTIRE AGREEMENT
' This agreement contains the entire agreement of the parties. No modification,amendment or waiver of any of the
provisions of this agreement shall be effective unless in writing specifically referring hereto, and signed by both
parties.
JURISDICTION
' This agreement and every question arising hereunder shall be construed or determined according to the laws of the
State of Missouri. Should any part of this agreement be adjudicated, venue shall be proper only in the Circuit
Court of Cole County,Missouri.
—End of Local Provisions-
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GENERAL DECISION: MD20030001 03/10/2006 M01 '.
Date: March 10, 2006 •
General Decision Number: M020030001 03110/2006
Superseded General Decision Number: M0020001
state: Missouri '
Construction Types: Heavy and Highway
Counties: Missouri statewide. ,
..,HEAVY AND HIGHWAY CONSTRUCTION PROJECTS '
Modification Number Publication Date
0 06/13/2003
1 04/02/2004 ,
2 04/16/2004
3 06/04/2004
4 06/11/2004
5 07/23/2004 '
6 08/06/2004
7 09/24/2004
8 11/12/2004 ,
9 11/19/2004
10 12/24/2004
11 12/31/2004
12 01/28/2005
13 03/11/2005
14 04/01/2005
15 04/08/2005
16 04/15/2005 '
17 04/22/2005
18 04/29/2005
19 05/06/2005 '
20 05/13/2005
21 06110/2005
22 06117/2005 ,
23 06/24/2005
24. 07/08/2005
25 07/29/2005
26 08/19/2005
27 09/16/2005
28 11/04/2005
;,.• 29 12/09/2005
30 12/16/2005
31 12/23/2005 '
32 0111312006
33 02/24/2006
34 03103/2006
35 03/10/2006
ASBE0001-002 10/01/2005
Rates Fringes ,
Asbestos Worker/Heat and •
Frost insulator ,.
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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
penetrattons in walls,
floors, ceilings and
' curtain walls. . . . . . . . . . . . . . .$ 29.64 12.76
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 walla. . . . . . . . . . . . . . .$ 29.64 12.76
CARP0007-008 04/01/2001
CASS (Richards-Gebauer AFB ONLY) , CLAY, JACKSON, PLATTE AND RAY
COUNTIES
�. Rates Fringes
Carpenters:
' CARPENTERS 6 PILEDRIVERS. . . .$ 25,50 6.88
-----
------------------------------------------------------
CARP0008-003 05/04/2005
'. ST. LOUIS COUNTY AND CITY
' Rates Fringes
carpenter. . .$ 29.77 8667
---------------------------°`----------------------`-----------
' CARP0011-001 05/01/2002
Rates Fringes
' Carpenter and Piledriver
ADAIR, KNOX, PUTNAM,
SCHUYLER AND SULLIVAN
' COUNTIES. . . . . . . . . . . . . . . . . . . .$ 23.63 6.99
ATCHISON, ANDREW, BATES,
CALDWELL, CARROLL,
DAVIESS, DEKALB, GENTRY,
' GRUNDY, HARRISON, HENRY,
HOLT, LIVINGSTON, MERCER,
• NODAWAY, ST. CLAIR, SALINE
AND WORTH COUNTIES. . . . . . . . . .$ 22.53 6.74
' AUDRAIN (East of Hwy.19) ,
RALLS, MARION, LEWIS,
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CLARK AND SCOTLAND COUNTIES.$ 24.03 7.56 '
AUDRAIN (West of Hwy 19) ,
BOONE, COOPER, HOWARD. . . . . . .$ 23.63 6.99 •
BARRY, BARTON, CAMDEN,
CEDAR, CHRISTIAN, DADE,
DALLAS, DOUGLAS, GREENE,
HICKORY, 'JASPER, LACLEDE,
LAWRENCE, MCDONALD, '
NEWTON, 02ARK, POLK, STONE,
TANEY, VERNON, WEBSTER
AND WRIGHT COUNTIES. . . . . . . . .$ 22.18 6.74
BENTON, MORGAN AND PETTIS '
COUNTIES. . . . . . . . . . . . . . . . . . .$ 22.33 6.99
BOLLINGER, BUTLER, CAPE
GIRARDEAU, DUNKLIN,
MISSISSIPPI, NEW MADRID,
PEMISCOT, PERRY, STE. 1
GENEVIEVE, SCOTT, STODDARD
AND WAYNE COUNTIES. . . . . . . . . .$ 24.56 7.18
BUCHMAN, CLINTON, JOHNSON
AND LAFaYETTE COUNTIES. . . . .$ 23.18 6.74
CALLAWAY;. COLE, MILLER,
. MONITEAU, OSAGE. . . . . . . . . . . . .$ 23.63 6.99
CARTER, HOWELL, OREGON AND
RIPLEY• COUNTIES. . . . . . . . . . . .$ 23.64 7.18
CHARITON, LINN, '
MACON,MONROE, RANDOLPH AND
SHELBY COUNTIES. . . . . . . . . . . . .$ 23.63 6.99
CRAWF6RD, DENT, GASCONADE,
IRON, MADISON, MARIES,
MONTGOMERY, PHELPS,
PULASKI, REYNOLDS, SHANNON
AND TEXAS COUNTIES. . . . . . . . . .$ 23.88 7.56 ,
FRANKLIN COUNTY. . . . . . . . . . . .$ 25.93 7.56
JEFFERSON AND ST. CHARLES
COUNTIES. . . . . . . . . . . . . . . . .$ 28.44 7.56
LINCOLN COUNTY. . . . . . . ... . . . . .$ 25.54 7.56 '
PIKE, ST. FRANCOIS AND
WASHINGTON COUNTIES. . . . . . . . .$ 24.59 7.56
WARREN COUNTY. . . . . . . . . . . . . . .$ 25.93- -----------6�56-
------------------------------- - - ------
ELECOOOI-002 06/01/2005
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. . . . . . . . . . . . . . . . . . . .$-31_60------------18_07- '
---------------------------- ------
ELEC0002-001 09/01/2005
ADAIR, AUDRAIN, BOONE, CALLAWAY, CAMDEN, CARTER, CHARITON, '
CLARK, COLE, COOPER, CRAWFORD, DENT, FRANKLIN, GASCONADE, •
HOWARD, HOWELL, IRON, JEFFERSON, KNOX, LEWIS, LINCON, LINN,
MACON, MARIES, MARION, MILLER, MONITEAU, MONROE, MONTGOMERY, '
MORGAN, OREGON, OSAGE, PERRY, PHELPS, PIKE, PULASKI, PUTNAM,
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BALLS, RANDOLPH, REYNOLDS, RIPLEY, ST. CHARLES, ST. FRANCOIS,
ST. LOUIS (City and County) , STE. GENEVIEVE, SCHUYLER,
• SCOTLAND, SHANNON, SHELBY, SULLIVAN, TEXAS, WARREN AND
WASHINGTON COUNTIES
' Rates Fringes
Line Construction:
Groundman and Groundman-
Driver. . . . . . . . . . . . . . . . . . .$ 21.22 4.50+41.30%
Groundman Equipment Operator$ 21.04 4.50+41.30%
'
Groundman-Driver. . . . . . . . . . . .$ 21.22 4.50+41.30%
Groundman-Winch Driver. . . . . .$ 22.12 4.50+41.30%
Lineman or Cable Splicer. . . .$ 30.30 4.50+41.30%
----------------------------------------------------------------
ELEC0053-004 08/27/2000
Rates Fringes
Line Construction:
ANDREW, ATCHINSON, BARRY,
BARTON, BUCHANAN,
' CALDWELL, CEDAR, CHRISTIAN,
CLINTON, DADE, DALLAS,
DAVIESS, DE KALB, DOUGLAS,
GENTRY, GREENE, GRUNDY,
HARRISON, HICKORY, HOLT,
JASPER, LACLEDE, LAWRENCE,
LIVINGSTON, McDONALD,
N MERCER, NEWTON, NODAWAY,
OZARK, POLK, ST. CLAIR,
STONE, TANEY, VERNON,
' WEBSTER, WORTH, AND WRIGHT
COUNTIES.
Groundman Powderman. . . . . . . .$ 18.69 7.37
Groundman. . . . . . . . . . . . . . . . . .$ 17.30 6.98
' Lineman Operator. . . . . . . . . . .$ 25.41 9.30
Lineman. . .$ 26.75 9.69
BATES, BENTON, CARROLL,
CASS, CLAY, HENRY,
JACKSON, JOHNSON,
LAFAYETTE, PETTIS, PLATTE,
RAY, AND SALINE COUNTIES.
' Groundman Powderman. . . . . . . .$ 19.45 7.59
Groundman. . .$ 18.49 7.31
Lineman Operator. . . . . . 6 . 6$ 25.97 9.46
Lineman. . . . . . . . . . . . . . . . . . . .$ 27.80 9699
ELECO095-001 06/01/2004
BARRY, BARTON, CEDAR, CRAWFORD, DADE, JASPER, LAWRENCE,
MCDONALD, NEWTON, ST CLAIR, AND VERNON COUNTIES
Rates Fringes
' Electricians:
• Cable Splicers. . . . . . . . . . . . . .$ 20.90 8.59+8%
Electricians. . . . . . . . . . . . . . . .$ 2055 859+8%
' ---------007-0----°--------------------------------------------
ELEC0129-007 08/30/2004
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1
BATES, BENTON, CARROLL, CASS, CLAY, COOPER, HENRY, JACKSON, ,
JOHNSON, LAFAYETTE, MORGAN, PETTIS, PLATTE, RAY AND SALINE •
COUNTIES:
Rates Fringes ,
Electricians: . . . . . . . . . . . . . . . . . .$ 32.23_-_-------_ 13_98 '
---------------------------------------- -------
ELECO257-003 03/01/2005
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. . . . . . .5 26.64 13.3e3
-_--Electricians. . . . . . . . . . . . . .__$-25^69-----------13_383-
-------------------°- ------
" ELEC0350-002 12/01/2004
ADAIR, AUDRAIN (East of Highway 19) , CLARK, KNOX, LEWIS, LINN, '
MACON, MARION, MONROE, MONTGOMERY, PIKE, PUTNAM, RALLS,
SCHUYLER, SCOTLAND, SHELBY AND SULLIVAN COUNTIES
Rates Fringes
Electrician. . . . . . . . . . . . . . . . . . . .$ 25.30 ----------- -
ELEC0453-001 09/01/2001
Rates Fringes ,
Electricians:
CHRISTIAN, DALLAS, ,
DOUGLAS, GREENE,
HICKORY,HOWELL, LACLEDE,
OREGON,
OZARK,POLK,SHANNON, WEBSTER
AND 4TRIGHT COUNTIES. . . . . . . . .$ 20.85 5.11. 109,
PULASKI AND TEXAS COUNTIES. .$ 25.50 5.37+108
STONE AND TANEY COUNTIES. . . .$ 14.45-----_---497+108 '
-------------- - -----__
ELEC0545-003 06/01/2005
ANDREW, BUCHANAN, CLINTON, DEKALB, .ATCHISON, HOLT, MERCER, '
GENTRY, HARRISON, DAVIESS, GRUNDY, WORTH, LIVINGSTON, NODAWAY, '
AND CALDWELL COUNTIES
Rates Fringes '
Electricians: . . . . . . . . . . . . . . . . . .$ 28.45 11.10
-------------------------------- 1
ELEC0702-004 01/01/2005
BOLLINGER, BUTLER, CAPE GIRARDEAU, DUNKLIN, MADISON, .
MISSISSIPPI, NEW MADRID, PEMISCOT, SCOTT, STODDARD AND WAYNE '
COUNTIES
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Rates Fringes
• Line Construction:
Groundman - Class A. . . . . . . . .$ 10.61 4.50+26%
Groundman Equipment
Operator (all crawler type
e ui ment D-4 and lar er) . . .5 2'1 .02 4.50+268
q P 9
-----Lineman_____________________$ 32.63 ---4_50+268
ENGIOIOI-001 05/01/2005
' 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
COUNITES
' Rates Fringes
Power equipment operators:
GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 24.55 9.45
GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 24.15 9.45
GROUP3. . . . . . . . . . . . . . . . . . . . .$ 22.15 9645
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);
' 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 22 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
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(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. 6 over; shovel '
. 3 yds. 6 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 1501 to 2001 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 04/01/2005
CABS, CLAY, JACKSON,PLATTE AND RAY COUNTIES ,
Rates Fringes
Power equipment operators: N
GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 26.49 10.77
GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 25.45 10.77 '
GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 20.99 10.71
GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 24.33 10.77
' 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; boring machine (truck or crane
mounted) ; bulldozer operator; clamshell operator; concrete
cleaning decontamination machine operator; concrete mixer '
paver; concrete plant operator; concrete pump operators
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
A4 . .f4nn I A"ll .1 n 4 1 1
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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
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WAiS Document Retrieval Page 8 of 33
spreader; sideboom cats; skimmer scoop operator; slip-form
paver (CMI, REX, Gomaco or equal); Is 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 q: oiler Driver (All Types)
FOOTNOTE:
M HOURLY PREMIUMS FOLLOWING CLASSIFICATIONS SHALL RECEIVE
($.25) ABOVE GROUP ,1 RATE:
Clamshells - 3 yd. capacity or overt Cranes or rigs, 80 ft,
' of boom or over (including jib) ; Draglines, 3 yd, capacity
or over;
Piledrivers 80 ft. of boom or over (including jib) ;
Shovels & backhoes, 3 yd. capacity or over.
ENGI0101-022 05/01/2005
BARRY, BARTON, CAMDEN, CEDAR, CHRISTIAN, DADE, DALLAS, DOUGLAS,
GREENE, HICKORY, JASPER, LACLEDE, LAWRENCE, MCDONALD, NEWTON,
OZARK, POLK, ST. CLAIR, STONE, TANEY, VERNON, WEBSTER AND
WRIGHT COUNTIES and CITY OF SPRINGFIELD
' Rates Fringes
Power equipment operators:
' GROUP 1. . . . . . . . . . . . . . . . . . :• .$ 21.37 a.30
GROUP 2. . . .$ 21.02 8.30
GROUP3. . . . . . . . . . . . . . . . . . . . .5 20.82 8.30
' GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 18.77 8.30
POWER EQUIPMENT OPERATORS CLASSIFICATIONS
' GROUP 1: Asphalt finishing machine t trench widening
spreaders asphalt plant console operator; autograder;
automatic slipform paver; backhoe; blade operator - all
rypest boat operator - tow, boilers-2; central mix concrete
plant operator; clamshell operator; concrete mixer paver;
crane operator; derrick or derrick trucks; ditching
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WAIS Document Retrieval Page 9 of 33 ,
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:
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 05/04/2005 ,
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WAIS Document Retrieval Page 10 of 33
FRANKLIN, JEFFERSON, LINCOLN, ST CHARLES, AND WARREN COUNTIES
• Rates Fringes
' Power equipment operators:
GROUP 1. . .$ 26.72 14.49
GROUP2. . . . . . . . . . . . . . . . . . . . .$ 24.82 14.49
GROUP 3, , * , _ , _ , . . . . _ _ *5 21.82 14.49
GROUP 4. . . . . . . . . . . . . . . . . . . . .S 21.36 14.49
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 9 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,
1 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
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
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J Y..11 6J LOLUGL VLGG/IGI 1'IG VII GIIL\. VII JV✓ JLLG
' 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)
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WAIS Document Retrieval Page 1 I of 33 ,
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 mores 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 lsuch as Linden) - $.50;
crane, Pile Driving and Extracting - $ .50
Crane with boom (including job) over
10D 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;
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 05/01/2005
ADAIR, AUDRAIN, BOLLINGER, BOONE, BUTLER, CALLAWAY, CAPE ,
GIRARDEAU, CARTER, CLARK, COLE, CRAWFORD, DENT, DUNKLIN,
GASCONADE, HOWELL, IRON, KNOX, LEWIS, MACON, MADISON, MARIE$, ,
MARION, MILLER, MISSISSIPPi, MONITEAU, MONROE, MONTGOMERY,
MORGAN, NEW MADRID, OREGON, OSAGE, PEMISCOT, PERRY, PHELPS,
PIKE, PULASKI, PUTNAM, RALLS, RANDOLPH, REYNOLDS, RIPLEY, ST.
£P.P.NCOIS, STE. GENEVIEVE, SCHUYLER, SCOTLAND, SCOTT, SHANNON, ,
SHELBY, STODDARD, TEXAS, WASHINGTON, AND WAYNE COUNTIES
•,Power equipment operators: Rates Fringes
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WAIS Document Retrieval Page 12 of 33
GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 23.15 14.45
GROUP 2. . .$ 22.80 14.45
• GROUP 3. . . . . . . . . . . . . . . . . .$ 22.60 14.45
. .
GROUP 4. . . . . . . . . . . . . . . . . . .$ 18.95 14.45
' POWER EQUIPMENT OPERATORS CLASSIFICATIONS
GROUP 1: Asphalt finishing machine 6 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; da%et 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;
quad-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 a
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
' spreader (front man) ; churn drill operator; compressor over
105 CYM 2-3 pumps 4" 6 over; 2-3 light plant 1 .5 XWA 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;
roller operator other than high type asphalt; screening b
washing plant operator; siphons 6 jets; subgrading machine
operator; tank car heater (combination boiler & booster) ;
ulmac, ulric or similar spreader; vibrating machine
operator; hydrobroom.
GROUP 4: Oiler; grout machine; oiler driver; compressor over
106 CFM one; conveyor operator one; maintenance operator;
pump 4" a over one.
• ,0OTNOT£: HOURLY PREMIUMS
' Backhoe hydraulic, 2 cu, yds. or under Without oiler - $2.00
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WAIS Document Retrieval Page 13 of 33 ,
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. yda, 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 -
$0.50;
------------------------------- '
ENGI0513-007 05/04/2005
ST. LOUIS CITY AND COUNTY
Rates Fringes '
Power equipment operators: ,
GROUP 1. . . . . . . . . . . . . . . . . . . . .$ 26.72 14.49
GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 26.72 14.49
GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 24.62 14.49
GROUP4. . . . . . . . . . . . . . . . . . . . .$ 21.82 14.44
GROUP 5. . . . . . . . . . . . . . . . . . . . .$ 21.36 14.49
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; ,
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 foundations bull- float;
cherry picker; combination concrete hoist 4 mixer (each as
mixer mobile) ; compressor (when operator runs throttle) ; '
concrete breaker (truck or tractor mounted) ; concrete pump,
ouch 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
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WAIS Document Retrieval Page 14 of 33
' 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 Snot 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. 6 under with grader blade
& similar equipment
GROUP 4: Boat operator-outboard motor (job site) ; conveyor
(such as con-vay-it) regardless of how used; sweeper, floor
GROUP 5: Oiler on dredge and on truck crane.
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) .50
Crane, pile driving and extracting .50
Crane, with boom (including jib) over
' 100' (from pin to pin) add $.01
per foot to maximum of 4.00
Crane, using rock socket tool .50
Derrick, diesel, gas or electric,
' hoisting material and erecting steel
(150' or more above ground) .50
. Dragline, 7 cu. yds, and over .50
Hoist, three (3) or more drums in use 150
' Scoop, Tandem .50
Shovel, power - 7 cu. yds. or more .50
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WAIS Document Retrieval Page IS of 33
Tractor, tandem crawler .50
Tunnel, man assigned to work in tunnel
.
or tunnel shaft 50
Wrecking, when machine is working an
second floor or higher .50
-------------------------------------------------------------
IRO140010-012 04/01/2005
Rates Fringes
-Ironworkers:
ANDREW, ATCHISON, BARTON,
BATES, BENTON, CALDWELL,
CAMDEN, CARROLL, CEDER
CHARITON, CHRISTIAN,
CLINTON, COOPER, DADE,
DALLAS, DAVIESS, DE KALB,
GENTRY, GREENE, GRUNDY,
HARRISON, HENRY, HICKORY,
HOLT, HOWARD, LACLEDE,
LINN, LIVINGSTON, MERCER,
MONITEAU, MORGAN, NODAWAY,
PETTIS, POLK, PUTNAM,
RANDOLPH, ST. CLAIR,
SALINE, SULLIVAN, TANEY,
VERNON, WEBSTER, WRIGHT
and WORTH counties; and
portions of ADAIR, BOONE,
MACON, MILLER, and
RANDOLPH Counties. . . . . . . . . . .$ 22.10 16.40
BUCHANAN, CASS, CLAY,
JACKSON, JOHNSON,
LAFAYETTE, PLATTE AND RAY
-----Counties. . . . . . . . . . . . . . . . . . . .$ 25.10 16.40
- -----------------------------------------------------------
IRON0321-002 12/31/2004
DOUGLAS, HOWELL and OZARK COUNTIES
Rates Fringes
Ironworker. . . . . . . . . . . . . . . . . . . . .$ 17.15 10.06
----------------------------------------------------------------
'IRON0396-004 08/03/2005
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. . . . . . . . . . . . . . . . . . . . .$ 27.31 14.61
----------------------------------------------------------------
IRON0396-009 08/03/2005
AUDRAIN, CALLAWAY, COLE, CRAWFORD, DENT, GASCONADE, MARIES, •
MONTGOMERY, OSAGE, PHELPS, PIKE, PULASKI, TEXAS and WRIGHT
Counties; and portions of BOONE, CAMDEN, DOUGLAS, HOWELL,
LACUDE, 14iLLER, MoNRort OREGON, SHA1414014 and RALLS Counties
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WAIS Document Retrieval Page 16 of 33
Rates Fringes
Ironworker. . . . . . . . . . . . . . . . . . . . .$ 22.851926
------77-00---6-01-2002-----------------------------------------
IRON0577-005 06/01/2002
ADAIR, CLARK, KNOX, LEWIS, MACON, MARION, MONROE, RALLS,
SCHUYLER, SCOTLAND, AND SHELBY COUNTIES
Rates Fringes
' Ironworker. . . . . . . . . . . . . . . . . . . . .$ 20.85 9.16
--------------------------------
IRON0584-004 06/01/2004
BARRY, JASPER, LAWRENCE, MCDONALD, NEWTON AND STONE Counties
Rates Fringes
' Ironworkers: . . . . 6 . . . . . . . . . . . . . .$ 19.50 8.47
IRON0782-003 09/01/2003
CAPE GIRARDEAU, MISSISSIPPI, NEW MADRID, SCOTT, 6 STODDARD
Counties; and portions of BOLLINGER, BUTLER, CARTER, DUNKLIN,
MADISON, PEMISCOT, PERRY, RIPLEY, and WAYNE Counties
Rates Fringes
NIronworkers:
All Other Work. . . . . . . . . . . . . .$ 21.95 9.73
' -----------------------------
LAB00042-003 03/07/2005
ST. LOUIS (City and County)
' Rates Fringes
--Laborers:
Plumber Laborers. . . . . . . . . . . -$ 25.22-------------8�33-
--------°--------7777--'----------- -°---
* LABOOD42-005 03/01/2006
' ST. LOUIS (City and County)
Rates Fringes
Laborers:
Dynamiter, Powderman. . . . . . . .4 26.08 9.10
' Laborers, Flagperson. . . . . . . .$ 25658 9.10
----
Wrecking
--------------------$-25.46 ------------9_10
'7777 ---------
LAB00424-002 05/01/2005
' Rates Fringes
• Laborers:
' ADAIR, AUDRAIN, BOLLINGER,
BOONE, BUTLER, CALLAWAY,
' http://frwebgate.ac,cess,gpo.gov/cgi-bin/getdoc,cgi?dbname=Davis-Bacon&docid=MO200.,. 3/16/2006
WAIS Document Retrieval Page 17 of 33 ,
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 2. . . . . . . . . . . . . . . . . . . .5 22.37 7.78
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 t4AYNE COUNTIES ,
GROUP 1. . . . . . . . . . . . . . . . . . . .5 21677 7.78
FRANKLIN COUNTY
GROUP1. . . . . . . . . . . . . . . . . . . .S 23.22 7.78 '
FRANKLN COUNTY
GROUP2. . . . . . . . . . . . . . . . . . . .5 23.82 1 .78
JEFFERSON COUNTY
GROUP 1. . . . . . . . . . . . . . . . . . . .5 23.27 7.78 '
GROUP2. . . . . . . . . . . . . . . . . . . .5 23.87 7.78
LINCOLN, MONTGOMERY AND
WARREN COUNTIES ,.
GROUP 1. . . . . . . . . . . . . . . . . . . .5 22.02 7.78
GROUP 2. . . . . . . . . . . . . . . . . . . .5 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;
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WAIS Document Retrieval Page 18 of 33
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;
N 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
1 man on asphalt; concrete saw 15 h.p. and over; grade
checker; strigline man on electronic grade control; manhole
builder; dynamite man; powder man; welder; tunnel man;
waterblaster - 1000 psi or over; asbestos and/or hazardous
' waste removal and/or disposal
----------------------------------------------------------------
LAB00579-005 05/01/2005
Rates Fringes
Laborers: (ANDREW, ATCHISON, '
' CALDWELL, CLINTON, DAVIESS,
DEKALB, GENTRY, GRUNDY,
HARRISON, HOLT, LIVINGSTON,
MERCER, NODAWAY and WORTH
' COUNTIES.) . . . . . . . . . . . . . . . . . .
❑PMID 1 S 17 OA P 70
GROUP 2. . . . . . . . . . . . . . . . .5 18.99 8.39
Laborers: (BARRY, BARTON,
BATES, BENTON, CAMDEN,
• CARROLL, CEDAR, CHRISTIAN,
' DADE, DALLAS, DOUGLAS,
GREENE, HENRY. HICKORY,
JASPER, JOHNSON, LACLEDE,
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WAIS Document Retrieval Page 19 of 33 '
LAWRENCE, MCDONALD, MORGAN, '
NEWTON, 02ARK, PETTIS, POLK,
ST.CLRIR, SALINE, STONE, •
TANEY, VERNON, WEBSTER and
WRIGHT COUNTIES) ,
GROUP1. . . . . . . . . . . . . . . . . . . . .S 18.09 8.24
GROUP 2. . . . . . . . . . . . . . . . .$ 18.64 8.24
Laborers: (BUCHANAN COUNTY)
GROUP1. . . . . . . . . . .. . . . . . . . . .S 19.34 8.79 ,
GROUP 2. . . . . . . . . . . . . . . . . . .$ 19.69 8.79
La66reis.' (LAFAYETTE COUNTY)
GROUP1. . . . . . . . . . . . . . . . . . . . .$ 19.64 8.49 '
GROUP2. . . . . . . . . . . . . . . . . . . . .$ 19.99 8.49
LABORERS CLASSIFICATIONS
GROUP 1: General Laborers - carpenter tenders, salamander ,
tenders; loading trucks under bins; hoppers 6 conveyors;
track men 6 all other general laborers; air tool operator; ,
cement handler-bulk or sack; dump man on earth fill;
georgie buggle 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, the 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
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_ •
--------------------------------
* LABOO660-006 05/01/2005 '
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WAIS Document Retrieval Page 20 of 33
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; Georgia 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 meth 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;
N 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
operator under 65 pounds; caulker and lead man; chain saw
under 15 hp; guard rail and sign erectors
GROUP 2: Vibrator man; asphalt taker; hand pipe layer on
Bawer 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;
LPLB00663-002 04/01/2005
• CASS, CLAY, JACKSON, PLATTE AND RAY COUNTIES
' Rates Fringes
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Laborers: ,
GROUP1. . . . . . . . . . . . . . . . . . . . .$ 22.38 8.79 •
GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 23.59 8.79 '
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, the 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 pr block manholes, signal '
man.
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 manholea, 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 09/01/2004
CLARK, FRANKLIN, JEFFERSON, LEWIS, LINCOLN, MARION, PIKE, '
BALLS, ST. CHARLES, ST. LOUIS (CITY 6 COUNTY) , AND WARREN
COUNTIES •
Rates Fringes '
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WAIS Document Retrieval Page 22 of 33
Painters:
• Brush. . . . . . .
.$ 25.99 8.79
spray . . . . . . . . . . . . 879
----- -- -------------'---------------- ------------ -
-
------
PAIN0002-006 02/01/2005
ADAIR, AUDRAIN, BOONE, CALLAWAY, CHARITON, COLE, GASCONADE,
HOWARD, KNOX, LINK, 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. . . . . . . . . . . . . . . . .$ 21.50 6.37
Brush and Roll, Taping,
Paperhanging. . . . . . . . . . . . . . . .$ 19.50 6.37
Epoxy or Any Two Part
Costing; Sandblasting;
Stage or other Aerial Work-
Platforms
over 50 feet high; Lead
Abatement. . .$ 20.50 6.37
.Spray, Structural Steel
(over 50 feet) . . . . :::::::::.$ 20.00 6.37
Tapers using Ames or
comparable tools. . .$ 19.75 6.37
----------------------------------------------------------------
PAIN0003-004 04/01/2000
BATES, BENTON, CALDWELL, CARROLL, CASS, CLAY, CLINTON, COOPER,
'. DAVIESS, GRUNDY, HARRISON, HENRY, SACKSOH, JOHNSON, LAFAYETTE,
LIVINGSTON, MERCER, MONITEAU, MORGAN, PETTIS, PLATTE, RAY AND
SALINE COUNTIES
' Rates Fringes
Painters:
Bazooka; Paperhanger. . . . . . . .$ 22.60 6.01
' Brush & Roller; Taper. . . . . . .$ 22.10 . 6.01
Lead Abatement; Sprayman. . . .$ 23.10 6.01
Sandblast (Bridge, Stage,
' Erected Steel and Storage
Bin and Tanks) . . . . . . . . . . . . . .$ 23.60 6.01
Sprayman (Storage Bin &
Tanks, Elevated Tanks) ;
8tageman (Spray.) ;
Bridgeman (Spray) ; Steelman
(Spray) . . . . . . . . . . . . . . . . .$ 23.85 6.01
Steeplejack - spray or
Sandblast (other than
Elevated Tanks) . . . . . . . . . . .$ 27.79 6.01
Steeplejack (other than
' Elevated Tanks) . . . . . . . . . . . . .$ 26.79 6.01
storage Bin & Tanks
(Roller or Brush) ; Elevated
Tanks (Roller or Brush);
3tageman; Beltman;
Bridgeman; Steelman; sand
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WAIS Document Retrieval Page 23 of 33
----
Blast-(Base) 7_Elevator Shaft$ 22.85-------------6_01 ,
-------------- -------
PAIN0098-002 05/01/2005 •
ANDREW, ATCHISON, BUCHANAN, DE KALB, GENTRY, HOLT, NODAWAY 6 ,
WORTH COUNTIES
Rates Fringes '
Painters:
Brush & Roller. . . . . . . . . . . . . .$ 22,10 8.40
Sandblasters. . . . . . . . . . . . . . . .$ 23,10 8.40 ,
Steeple Jack. . . . . . . . . . . . . . . .$ 25,10 8.40
----------------------------------------------------------------
PAIN0203-001 04/01/2004 '
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. . . . . . . . . . . . . .0 16.88 7.14
Sandblasters and Highman ,
(over 401 ) . . . . . . . . . . . . . . . . . .$ 18.63 7.14
Tapers. . :. . . . . . . . . . . . . . . . . . ..9 17.65 6.35
------------------------------
PAIN1265-003 07/01/2005
CAMDEN, CRAWFORD, DENT, LACLEDE, MARIES, MILLER, PHELPS,
PULASKI AND TEXAS COUNTIES '
Rates Fringes
Painters:
Brush and Roller. . . . . . . . . . . .$ 20.04 8.81 '
Lead Abatement. . . . . . . . . . . . . .$ 22.29 8.87
Spray. . . . . . . . . . . . . . . . .$ 21.54 8.87
Structural Steel, '
Sandblasting and All Tank
Work. . . . . . . . . . . . . . .$ 21.29 8.87
Taping, Paperhanging,
Floor Work. . . . . . . . . . . . . . . . . .$ 20.54 8_87- '
----------------------------- ---------- ------
PAIN1292-002 09/01/2004
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 k Tanks. . . . .$ 24.51 8.12
Commercial. . . . . . . . . . . . . . . . . .$ 17.06 8.12 •
Industrial. . . . . . . . . . . . . . . . .$ 19.56 8.12
Spray 6 Abrasive Blasting. . .$ 19.06 8.12 '
Taper (Tools) . . . . . . . . . . . . . . .$ 17.31 8.12
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Waterblasting. . . . . . . . . . . . . . .$ 29.06 8.12
• Height Rates (All Areas) :
Over 60 ft. $0.50 per hour.
' Under 60 ft. $0.25 per hour.
----------------------------------------------------------------
PAIN1292-003 09/01/2004
IRON, MADISON, ST. FRANCOIS, STE. GENEVIEVE and WASHINGTON
COUNTIES
Rates Fringes
Painters:
Bridges, Stacks & Tanks. . . . .$ 24.51 8.12
Commercial. . . . . . . . . . . . . . . . . .$ 19.16 8.12
Industrial. . . .$ 20.16 6.12
Lead Abatement. . . . . . . .$ 19.91 8.12
Spray & Abrasive Blasting. . .$ 21.16 8.12
Tapers (Tools) . .$ 19.41 8.12
Waterblasting. . .$ 21.16 8.12
Height Rates (A11 Areasl :
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,
N HOWELL, JASPER, LACLEDE, LAWRENCE, MCDONALD, NEWTON, 02ARK,
POLK, STONE, TANEY, VERNON, WEBSTER, AND WRIGHT COUNTIES
. , • • . • , . . . Rates Fringes
•
Cement Masons: $ 19.11 6.11
--------------------------------
PLAS0518-007 04/01/2005
CASS (Richards-Gebaur AFB only) , CLAY, JACKSON, PLATTE AND RAY
COUNTIES
Rates Fringes
Cement Mnsona: . . . . . . . . . . . . . . . . .$ 22.10 -------12_10-------
' ---------------------------------------------
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, NODAWAL AND WORTH COUNTIES
' Rates Fringes
' --Cement Masons_��___�_������_���$ 23_13- -----715
. PLAS0527-001 05/05/2004
' Rates Fringes
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Cement Masons: ,
FRANKLIN, LINCOLN, AND
WARREN COUNTIES. . . . . . . . . . . . .$ 25.71 9.52 •
JEFFERSON, ST. CHARLES
COUNTIES AND ST. LOUIS '
(City and County) . . . . . . . . . . .$ 26.88 9.52
PLAS0527-004 05/01/2004 '
CRAWFORD, DENT, IRON, MADISON, MARION, PHELPS, PIKE, PULASKI,
RALLS, REYNOLDS, ST. FRANCOIS, STE. GENEVIEVE, SHANNON, TEXAS, .
WASHINGTON COUNTIES 1
Rates Fringes
--Cement ----- . . .���_����_��_���$ 24.45-------------9_52 '
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------------1125 '
---------------------------------------- -------
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
--'----'---------------------------------------------------------- 1
PLUMOOOB-003 06/01/2005
Rates Fringes
Plumber '
BATES, BENTON, CARROLL,
HENRY, LAFAYETTE, MORGAN, '
PETTIS, RAi, ST. CLAIR,
SALINE and VERNON COUNTIES. .$ 27.60 16.11
CASS, CLAY, JACKSON,
JOHNSON and PLATTE COUNTIES.$ 30.09------------16.12
-------------------------'----°-----'--- ------
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 09/01/2005
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' WAIS Document Retrieval Page 26 of 33
ANDREW, ATCHISON, BUCHANAN, CALDWELL, CLINTON, DAVIESS, DEKALB,
• GENTRY, HARRISON, HOLT, NODAWAY AND WORTH COUNTIES
Rates Fringes
Plumbers and Pipefitters. . . . . . .$ 30.00 12.90
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-
-----------------------
------------------ ----°
PLUM0533-009 06/01/2005
NBATES, BENTON, CARROLL, CASS, CLAY, HENRY, HICKORY, JACKSON,
JOHNSON, LAFAYETTE, MORGAN, PETTIS, PLATTE, RAY, SALINE, ST.
CLARR AND VERNON COUNTIES
Rates Fringes
Pipefitter. . . . . . . . . . . . . . . . . . . . .$ 32.73 19.73
PLUM0562-009 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, BALLS, RANDOLPH,
REYNOLDS, RIPLEY, ST. CHARLES, ST.FRANCOIS, STE. GENEVIEVE, ST.
' LOUIS, SCHUYLER, SCOTLAND, SCOTT, SHANNON, SHELBY, STODDARD, ,
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
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Rates Fringes '
Plumbers and Pipefitters. . . . . . .$ 16.73 5.33 •
---------------------------------------------------------------- '
TEAM0013-001 05/01/2002
Rates Fringes '
Truck drivers:
ADAIR, BUTLER, CLARK,
DUNKIN, HOWELL, KNOX, '
LEWIS, OREGON, PUTNAM,
RIPLEY, SCHUYLER, AND
SCOTLAND COUNTIES
GROUP 1. . . . . . . . . . . . . . . . . . . .5 21.79 5.50 ,
GROUP2. . . . . . . . . . . . . . . . . . . .$ 21.95 5.50
GROUP 3. . . . . . . . . . . . . . . . . . . .$ 21.94 5.50
GROUP 4. . . . . . . . . . . . . . . . . . . .$ 22.06 5.50 ,
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. . . . . . . . . . . . . . . . . . . .$ 22.52 5.50
GROUP 2. . . . . . . . . . . . . . . . . . . .$ 22.68 5.50 ,
GROUP3. . . . . . . . . . . . . . . . . . . .$ 22.67 5.50
GROUP 4. . . . . . . . . . . . . . . . . . . .$ 22.79 5.50
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 s 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 05/01/2002 ,
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' WAIS Document Retrieval Page 28 of 33
' Rates Fringes
• Truck drivers:
ANDREW, BARTON, BATES,
' BENTON, CALDWELL, CAMDEN,
CARROLL, CEDAR, CHARITON,
CHRISTIAN, CLINTON,
COOPER, DADE, DALLAS,
DAVIESS, DEKALB, DOUGLAS,
GREENE, HENRY, HICKORY,
HOWARD, JASPER, LACLEDE,
LAWRENCE, LINN,
LIVINGSTON, MONITEAU,
MORGAN, NEWTON, PETTIS,
' POLK, RANDOLPH, ST CLAIR,
SALINE, VERNON, WEBSTER,
AND WRIGHT COUNTIES
GROUP 1. . . . . . . . . . . . . . . . . . . .5 22.22 5.50
' GROUP 2. . . . . . . . . . . . . . . . . . . .$ 22.38 5.50
GROUP 3. . .$ 22631 5.50
GROUP 4. 6 . . . . . . . . . . . . . . . . . .$ 22.49 5,50
GROUP5. . . . . . . . . . . . . . . . . . . .$ 22.12 5.50
ATCHISON, BARRY, GENTRY,
GRUNDY, HARRISON, HOLT,
MCDONALD, MERCER,
' NODADWAY, OZARK, STONE,
SULLIVAN, TANEY AND WORTH
COUNTIES
GROUP 1. . . . . . . . . . . . . . . . . . . .$ 21.49 5.50
N GROUP 2. . .$ 21.65 5.50
GROUP 3. . . . . . . . . . . . . . . . . . . .$ 21.64 5,50
GROUP 4. . . . . . . . . . . . . . . . . . . .$ 21.76 5.50
' GROUP 5. . . . . . . . . . . . . . . . . . . .$ 21.39 5.50
BUCHANAN, JOHNSON AND
LAFAYETTE COUNTIES
GROUPl. . 6 . . . . . . . . . . . . . . . . .$ 23.43 5.50
' GROUP 2. . . . . . . . . . . . . . .$ 23.54 5.50
GROUP 3. 6 . . . . . . . . . . . . . . . . . . 23.58 5.50
GROUP4. . . . . . . . . . . . . . . . . . . .$ 23.65 5.50
GROUP5. . . . . . . . . . . . . . . . . . . .$ 23.33 5.50
' 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 a steel
' trucks; distributor drivers & operators; tank wagons semi-
trailer; insley wagons, dumpsters, half-tracks, speedace,
• euclids a other similar equipment; A-frames and derrick
trucks; float or low boy.
' GROUP 5: Warehousemen.
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----------------------------------------------------------------
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,
TAN£Y, 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 04/01/2005
CASs, CLAY, JACKSON, PLATTE AND RAY COUNTIES '
Rates Fringes '
Truck drivers:
GROUP1. . . . . . . . . . . . . . . . . . .$ 24.68 8.75 ,
GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 24.11 8.75
GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 23.59 9.75
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 6 similar excavating equipment Material '
trucks, Tandem Two teams; Semi-Trailers; Winch trucks-Fork.
trucks; Distributor Drivers and Operators; Agitator and
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
'Truck drivers: Rates Fringes
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.
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TEAM1682-002 05/01/2003
• ST LOUIS CITY AND COUNTY
Rates Fringes
Truck drivers:
GROUP 1. 6 . . . . . . . . . . . . . . . . . . .5 22.635 3.91+a+b
GROUP. 2. . .S 22.835 3.91+a+b
GROUP 3. . .$ 22.935 3.91+a+b
GROUP 4. . . . . . . . . . . . . . . . . . . . .$ 22.125 3.91+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 5 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 6 gasoline tank trailers and truck mounted mobile
concrete mixers
GROUP 4 - Warehousemen.
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 cayb
• 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 hoUTS,
he shall receive 4 times the number of days of vacation
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and Articulated Dump Trucks '
GROUP 9: Warehousemen. •
WELDERS - Receive rate prescribed for craft performing '
operation. to which welding is incidental.
II C.T.p C C II IIIIIIIIC II 5 CQ II '
Unlisted classifications needed for work not included within
- the scope bf the classifications listed may be added after
award only as provided in the labor standards contract clauses '
(29CFR 5.5 (a) (1) (11) ) .
In the listing ,above, the "BU" 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 t
* 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
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 71 . Write to: •
Wage and Hour Administrator ,
U.S. Department of Labor
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' specified above.
----------------------------------------------------------- -
• TEAM0682-003 05/01/2002
' ST.CHARLES, FRANKLIN, JEFFERSON, LINCOLN AND WARREN COUNTIES
Rates Fringes
' Truck drivers:
GROUP 1. . .$ 22.435 3.46+a+b+c
GROUP 2. . . . . . . . . . . . . . . . . . . . .$ 22.635 3.46+a+b+c
' GROUP 3. . . . . . . . . . . . . . . . . . . . .$ 22.135 3.46+a+b+c
GROUP 4. . .$ 21.925 3.46+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 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
N 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:
' 522.80 per day either worked or compensated to a maximum
of $114.00 per week.
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 Tap Trailers, Tool Trailers,
' Concrete Pumps, Concrete Conveyors, Gasoline TankTrailers,
Truck Mounted Mobile Concrete Mixers, End Dump, Side Dump.
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1
200 Constitution Avenue, N.W.
Washington, DC 20210 1
The request should be accompanied by a full statement of the •.
interested party's position and by any information (wage 1
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 1
interested party may appeal directly to the Administrative
Review Board (formerly the Wage Appeals Board) . Write to:
Administrative Review Board 1
U.S. Department of Labor
200 constitution Avenue, N.W.
Washington, DC 20210
All decisions by the Administrative Review Board are final. 1
aavvcxan=xvav=ta=aacaabaacaxeaeaxoaac=avxaevaxvacv=a=aa�aexa-sax 1
' . END OF GENERAL DECISION ,
i
M
1.
1.
1
1.
1
1 �
. i
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1
Missouri
Division of Labor Standards
WAGE AND HOUR SECTION
F �
n
O
Cl
1
MATT BLUNT, Governor
Annual Wage Order No. 12
MSection 014
CALLAWAY COUNTY
'
In accordance with Section 290.262 RSMo 2000, within thirty (30) days after a certified copy of this
Annual Wage Order has been filed with the Secretary of State as indicated below, any person who may
' be affected by this Annual Wage Order may object by filing an objections 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
' fumished 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
Colleen A. White, Director
'
Division of Labor Standards
' This Is A True And Accurate Copy Which Was Filed With Secretary of State: March 9,2005
Last Date Objections May Be Filed: April 8,2005
1• Prepared by Missouri Department of Labor and Industrial Relations
Building Construction Rates for REPLACEMENT PAGE Section 014 '
CALLAWAY County •
rve Basic ver-
OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits ,
Increase Rates Schedule Schedule
Asbestos Worker 10/05 $29.84 55 60 $12.75
Boilermaker 9105 $28.19 57 7 $17.42 '
Bricklayers-Stone Mason $25.16 59 7 $8.86
Carpenter `. 3105 $20.48 60 15 $8.91
Cement Mason $18.91 9 3 $10.10
Electrician Inside Wireman $25.84 28 1 7 $10.03+13% '
Communication Technician USE ELECTRICIAN INSIDE WIREMAN RATE
EkwWor Constructor a $31.066 26 54 $11.775
Openstma Engineer
Group 1 5/05 $24.07 86 66 $14.53 '
Group II 5105 $24.07 86 66 $14.53
Group III 5105 $22.82 Be 66 $14.53
Group 111-A 5105 $24.07 66 66 $14.53 ,
Group IV• 5A5 $24.77 86 66 $14.53
Group V 5105 1 $26.07 86 66 $14.53
Pipe Fitter 7/05 b $30.50 91 1 69 1 $17.18
Glazier 1 $13.001 FED 1 1 $1.63 '
Laborer(Building):
General !17.22 110 7 $8.06
First Semi-SUled $19.22 110 7 1 $8.08
Second Semi-Skilled $16.221 110 1 7 $8.08 '
Lather USE CARPENTER RATE
Linoleum La er 8 Cutter USE CARPENTER RATE
Marble Mason 1 $25.18 59 7 $8.86
Mikyr1w 3105 $21.48 60 15 $8.91
Iron Worker $26.56 FED $13.00
Painter 2106 $20.05 18 7 $6.92
Plasterer $17.97 94 5 $9.85 '
Plumber 7/05 b $30.50 91 69 $17.18
Pile Driver 3105 $21.48 60 15 $8.91
Roofer 9/05 $24.75 12 4 $8.99
Sheet Metal Worker 7/05 $24.16 40 1 23 $10.54 '
Sprinkler Fitter 8105 1 $26.09 33 19 $12.00
Tenmo Worker 1 $25.16 59 7 $8.86
Tile Setter $25.16 59 7 $8.86 '
Truck Driver-Teamster
Grou 1 $20.60 101 5 $6.75
Group 11 $21.25 101 5 $6.75
Group 111 $20.75 101 § i $6.76 '
Grou IV $21.25 101 5 $6.76
Traffic Control Servioe Driver
Welders lane 8 Electric
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 '
'SEE FOOTNOTE PAGE ANNUAL WAGE ORDER NO.12 1106 •
1
' Building Construction Rates for REPLACEMENT PAGE Section 014
• CALLAWAY County Footnotes
' Eff ect a Basic Over-
OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits
Increase Rates Schedule Schedule
1
1
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 thles 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%
N •b-All work over$3,5 Million Total Mechanical Contract-$30.60, Fringes-$17.18
All work under$3.5 Million Total Mechanical Contract-$29.16,Fringes-$13.08
1
1
1• *Annual Incremental Increase ANNUAL WAGE ORDER N0, 12 7106
CALLAWAY COUNTY OVERTIME SCHEDULE
BUILDING CONSTRUCTION '
FED: Minimum requirement per Fair Labor Standards Act means time and one-half(I %)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 am.(and resulting quitting time of 4:30 p.m.)may be moved forward to 6:00
am.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%)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. II: Means eight(8) hours shall constitute a day's work, with the starting time to be established between 7:00 am,and 8:00 am. t
from Monday to Friday. Time and one-half(I VS) 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 am.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 die rate
of one and one-half(I%,)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(I%,)
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 workday 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 he forty (40) hours, beginning between 6:00 am. and 12:00 Noon on Monday and
ending between 1:00 p.m.and 6:00 p.m.on Friday. Saturday will he paid at time and one-half(I%). Sunday and Holidays shall be paid
at doublc(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(I%,). '
NO.26: Means that the regular working day shall consist of eight(8)hours worked between 6:00 am.,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. (Thc 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 u jobsite for a four(4)ten(10)hour day workweek
at straight time pay for construction work;the regular working day shall consist of ten(10)hours worked consecutively, between 6:00 '
am, 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. '
NO. 28: Means eight(8)hours between 7:00 am, and 5:30 p.m., with at least a thirty(30) minute period to be taken for lunch, shall
constitute a day's work five (5)days a week, Monday through Friday inclusive, shall constitute a work week. The Employer has the ,
option for u workday/workweek of four(4)ten(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 8:0o 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 maybe implemented).
-Anytime worked in excess of any ten(10)hour work day(in a 4.10 hour workweek)shall beat the appropriate overtime rate.
All work outside ofthe regular working hours as provided,Monday through Saturday,shall be paid at one&one-half(1'/,)limes the ,
employee's regular rate of pay, All work performed from 12:00 am.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)for all time after twelve(12)hours. Shift work performed between the hours of 4:30 p.m.and 12:30 am.(second
shlft)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.
Shill work performed between the hours of 12:30 am.and 8:00 am.(third shill)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(I%,)times the shift hourly rate.
nwlxotaor.a« ANNUAL WAGE ORDER NO. 12 •'
page t aM Paget
CALLAWAY COUNTY OVERTIME SCHEDULE
' BUILDING CONSTRUCTION
•
NO.33: Means the standard work day shall be eight(8)consecutive hours of work between the hours of 6:00 am.and 6:00 p.m.,
excluding the lunch period,or shall conform to the practice on the job site. Four(4)days at ten(10)hours a day may be workcd at
straight time,Monday through Friday and need not be consecutive. All overtime,except for Sundays and holidays shall be at the rate of
time and one-half(I%). Overtime worked on Sundays and holidays shall be at double(2)time.
NO.40: Means the regular working week shall consist of five(5)consecutive(8)hour days'labor on the job beginning with Monday and
ending with Friday of each week. Four(4)10-hour days may constitute the regular workweek. 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 an 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 min,snow,cold or
excessively windy weather on a regular working day,Saturday may be designated as is"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.SS: Means the regular work day shall be eight(8)hours between 6:00 am.and 4:30 p.m. The first two(2)hours of work performed
In excess of the eight(8)hour workday,Monday through Friday,and the first ten(10) hours of work on Saturday,shall be paid at one&
one-half(11h) times the straight time talc. 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 am. 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'h)except in cases where work is part of an employee's regular Friday shift. All time worked on Sunday and recognized holidays shall
Nbe paid at the double(2)time rate of pay.
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(I%), 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)tcn-hour work week is In effeet,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 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 am. or delayed to 9:00 am. Make-up days shall not be utilized for days lost due to
holidays.
'
AWlzall OT.doo ANNUAL WAGE ORDER NO. 12
Page 3aft pages
CALLAWAY COUNTY OVERTIME SCHEDULE
BUILDING CONSTRUCTION ,
NO. 60: Means the Employer shall have the option of working five 8-hour days or four 10-lour 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 onc-half(I'/,)the hourly wage rate plus fringe hcnefits 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 incicmcnl weather(ruin or
mud),Saturday or any part thereof may he 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,hctween the ,
hours of 6:30 am.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(11h)the hourly wage rate plus fringe benefits Monday through Friday. If an Employer is working 10-hour days and
loses u day due to incicmcnl 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'/a)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'/,)the regular Millwright hourly wage rate plus fringe bcncftts. 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 am.or delayed one(1)hour to '
9:00 am. All work accomplished on Sundays and recognized holidays,or days observed as rccognized holidays,shall Ix: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.96: Means the regular work week shall consist of five(5)days,Monday through Friday,beginning at 8:00 am.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(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 ut the applicable overtime rate. If the Employer elects to work from Monday '
through Thursday and is stopped due to circumstances beyond his contra(,Inclement weather or holiday,he shall have do option to work
Friday at the straight time rate of pay to complete his forty(40)(tours. Ifan 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 ut time and one-half(IV;)of the hourly rate '
plus an amount equal to one-half(%,)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 Bcncfrts.
NO. 91: Means eight (8) hours shall constitute a day's work commencing at 8:00 am. and ending at 4:30 p.m.,allowing one-half(%,)
hour for lunch. The option exists for the Employer to use u flexible sooting lime between the hours of 6:00 am. and 9:00 am. 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 Frida-v 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%,)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(i%,)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 am.and 5:00 p.m. The regular workday sooting ,
time of 8:00 am.(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 am. All
work performed in excess of the regular work day and on Saturday shall be compensated at one and one-half(1'h)limes 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 sholl 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 wort:day and on
Saturday shall be classified as overtime and paid the rate of lime and one-half(I'h)(except us herein provided). All time worked on Sunday
and recognized holidays shall he clussified as overtime and paid at the rule 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 a.m.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 u normal forty(40)hour work week. When a four(4)tcn-
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, b-. worked as a make-up day;
straight time not to exceed ten(10)hours per day or forty(40)(ours per week. Starting time will be designated by the employer. When the
five (5) day eight (8) hour work week Is in cdTect, 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 m 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. •
ANNUAL WAGE ORDER NO, 12 '
A W I]011 OT.da Page 3 of 1 Pages
1
CALLAWAY COUNTY OVERTIME SCHEDULE
BUILDING CONSTRUCTION
• NO. 110: Means eight(8)hours between the hours of 8:00 am.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 am.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 heroin provided,shall be compensated atone and onNhaif(I w rimes 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 rive(5)eight(8)hour days during any work week,hours worked more than eight(8)per day or forty(40)
hours per week shall be paid at time and one-half(I%,)the hourly rate Monday through Friday. Iran Employer cleats 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(I'%) 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(I%,)overtime rate.
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'
AW 12 011 OT.doe ANNUAL WAGE ORDER NO. IZ
Ihge 4 of 1 I4get
CALLAWAY 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 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, t
Thanksgiving and,Christmas Day shall be paid at the double time rate of pay. If any of the above
holidayplall on Sunday,Monday will be observed as the recognized holiday. Ifany of the above
holidays fad on Saturday,Friday will be observed as the recognized holiday.
NO.5: All work that shall be done on New Years 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 holiday falls on a Sunday,it shall be observed on the Monday following. If holiday falls on a
Saturday, it shall be observed on the preceding Friday.
NO.S: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.IS:All work accomplished on the recognized holidays of New Years 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 holiday falls on Saturday,it
shall be observed on the preceding Friday. If 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. 19:All work done on New Year's Day, Memorial Day,July 41h,Labor Day,Thanksgiving
Day,and Christmas Day shall be paid at the double time rate of pay. The employee may take off
Friday following Thanksgiving Day. However,the employee shall notify his or her Foreman,
General Foreman or Superintendent on the Wednesday preceding Thanksgiving Day. When one ,
of the above holidays falls on Sunday,the following Monday shall be considered the holiday and
all work performed on said day shall be at the double(2)time rate. When one of the holidays falls
on Saturday,the preceding Friday shall be considered the holiday and all work performed on said '
day shall be at the double(2)time rate.
NO.23;All work done on New Year's Day,Memorial Day,Independence Day,Labor Day, '
Veteran's Day,Thanksgiving Day,Christmas Day and Sundays shall be recognized holidays and
shall be paid at the double time rate of pay. When a holiday falls on Sunday,the following
Monday shall be considered a holiday. ,
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.
ANNUAL WAGE ORDER NO. 12 ,
AW012 014 allol Pnge I or2 Poges
1
CALLAWAY COUNTY
1 HOLIDAY SCHEDULE—BUILDING CONSTRUCTION
. NO.60: All work performed on New Year's Day, Armistice Day(Veteran's Day), Decoration
1 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 bay
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,
1 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,
1 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-
1 time rate of pay. If a holiday falls on a Sunday in a particular year,the holiday will be observed on
the following Monday.
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1
1• ANNUAL.WAGE ORDER NO, 12
AW012 Oq aliol Page 2 or1 Pales
i
Heavy Construction Rates for REPLACEMENT PAGE Section 014 '
CALLAWAY County •
OCCUPATIONAL TITLE Date of Hourly Time Holiday Total Fringe Benefits ,
Increase Rates Schedule Schedule
CARPENTER
Journeymen 5105 $25.48 7 16 $8.89 ,
MllWri ht 5/05 $25.48 7 16 $8.89
Pile Driver Worker 5105 $25.48 7 16 $8.89
OPERATING ENGINEER '
Group 1 5105 $23.15 21 5 $14.45 ,
Group It 5/05 $22.80 21 5 $14.45
Group 111 5105 $22.60 21 5 $14.45
Group IV 5/05 $18.95 21 5 $14.45 '
Oiler-Driver 5/05 $18.95 21 5 $14.45
LABORER '
General Laborer 5/05 $21.77 2 4 $7.78 ,
Skilled Laborer 5/05 $22.37 2 4 $7.78
TRUCK DRIVER TEAMSTER
Group 1 5105 $23.67 22 19 $7.50
Group II 5105 $23.83 22 19 $7.50
Grou III 5105 $23.82 22 19 $7.50 ,
Grou IV 1 5/05 1 $23.94 22 1 19 $7.50
For the occupational tides not listed on the Heavy Construction Rate Sheet, use Rates shown on the '
Building Construction Rate Sheet.
'Annual Incremental Increase ANNUAL WAGE ORDER NO.12 7105 •'
CALLAWAY 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 workday 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 maybe worked as a make-up day at
straight time(if working 54s). 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(1%)
' 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 often(10)hours in anyone 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(I%2)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.
'• ANNUAL WAGE ORDER NO. 12
AW012014 HOT Pose I of IPages
CALLAWAY 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.S:The following days are recognized as holidays:New Year's Day, Memorial Day,Fourth of July, Labor t
Day,Thanksgiving Day and Christmas Day. If a holiday falls on a Sunday, it shall be observed on the
following Monday. If 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 fails 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 ,
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.
1
AW012 ilnul ANNUAL WAGE ORDr:R NO. 12 pose i on pores '
1
REPLACEMENT PAGE
OUTSIDE ELECTRICIAN
• These rates are to be used for the following counties:
Adair,Audmin,Boone,Callaway,Camden,Carter,Chariton,Clark,Cole,Cooper,Crawford,Dent,Franklin,
Gasconade,Howard,Howell,Iron,Jefferson,Knox,Lewis,Lincoln,Linn,Macon,Marics,Marion,Miller,Monitcau,
I ' Monroe,Montgomery,Morgan,Oregon,Osage,Perry,Phelps,Pike,Pulaski,Pumam,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
•Joume man Lineman $30.30 $450+413%
*Lineman Operator $27.04 $4.50+41.3%
'Groundman $21,22 $4,50+41.3%
' OVERTIME RATE:Eight(8)hours shall constitute a work day between the hours of 7:00 am.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-hair(m)the regular straight time rate of pay.
Contractor has the option to pay two(2)hours per day at the time and ono-half(I%2)the regular straight time rate of pay
between the hours of 6:00 am.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.
N 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
'
*Journeyman Lineman $30.30 54.50+37.3%
*Linernan Opemtor $26.16 $4.50+37.3%
'Groundman $20.23 $4.50+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 consdune the work week.Work performed In the
' 9th and 10th hour,Monday through Friday,shall be paid at time and one-half(1'h)the regular straight time rate of pay.
Contractor has the option to pay two(2)hours Per day at the time and one-half(V2)the regular straight time rate of pay
between the hours of6:00 am.and 5:30 p.m.,Monday through Friday. Worked perimmcd 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 ofJuly,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. 12 9r05
a 1xdd6MW0120mi&nsn UnMAWn Ndx
i
' SECTION s
'• TECIINICALSPECIPICATIONS
1 ,
1
1.
I� '
ITEM MO-100 MOBILIZATION •'
DESCRIPTION ,
100-1.1 This item shall consist of preparatory work and operations, including, but not limited to, those
necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; for the ,
establishment of all offices, buildings, and other facilities necessary for work on the project except as
provided in the contract as separate pay items;and for all other work operations which must be performed
or costs incurred prior to beginning work on the various items on the project site. '
GENERAL
100-2.1 QUALITY ASSURANCE. The airport sponsor shall have the right to reject construction tools, '
equipment, materials, and supplies that are, in their opinion , unsafe, improper, or inadequate. The
contractor shall bring rejected tools, equipment, materials, and supplies to acceptable conditions or
remove them from the project site. ,
100-2.2 DELIVERY. Delivery to the project site of construction tools, equipment, materials, and
supplies shall be accomplished in conformance with local governing regulations. ,
EXECUTION
100-3.1 EXECUTION AND REMOVAL. Provide personnel,construction tools,equipment, materials, '
and supplies that will facilitate the timely execution of the work. Upon completion of the work, remove
construction tools, apparatus, equipment, unused materials and supplies, plants, and personnel from the
project site.
BASIS OF PAYMENT
100.4.1 Based on the contract lump sum price for"Mobilization", partial payments will be allowed on
the next pay estimate as follows:
A. When 5 percent or more of the original contract amount is tamed,25 percent. '
B. When 10 percent or more of the original contract amount is earned,an additional 25 percent. '
C. When 25 percent or more of the original contract amount is earned,an additional 25 percent.
D. When 50 percent or more of the original contract amount is tamed,an additional 25 percent. '
1
Rev.06/01/05 ,
1
MO-162 CHAIN-LINK FENCES
• DESCRIPTION
' 162-1.1 This item shall consist of furnishing and erecting a chain-link fence and gates in accordance
with these specifications and the details shown on the plans or as directed by the engineer. The fencing
' materials shall conform to the requirements of the 2004 Missouri Standard Specifications for Highway
Construction (MSSHC), Section 1043, Fence Material. All construction methods, testing, and
acceptance criteria shall be in accordance with the standards included within this Item MO-162.
MATERIALS
162-2.1 FENCING MATERIALS. All material for chain-link fencing shall conform to the
' requirements of the 2004 (MSSHC), Section 1043.2,chain-link fence material, Chain link fence material
shall be 9-gauge wire for all fences and gates.
' Prior to the use of materials, the contractor shall furnish manufacturer's certified test reports to the
Engineer for those materials proposed for use during construction. The certified test reports shall include
a statement that the materials meet the specification requirements.
' 162-2.2 CONCRETE. no concrete shall be proportioned, placed, and cured in accordance with Item
MO-610, Structural Portland Cement Concrete,
' 162-2.3 PACKAGING AND MARKING. Packaging and marking of the material shall provide case
of handling, storage,and identification,
Each length of chain-link fabric, or barbed wire shall be tightly rolled and firmly tied. Each role shall
carry a tag showing,as applicable to the product,the length, kind of base metal, type of coating,specified
wire size, mesh size,design (style),height or width of fabric, and the producer name, brand or trademark
' of the manufacturer.
Each bundle or container of posts, hardware and fittings shall be marked with the name, brand or
' trademark of the manufacturer, type of material (steel, cast iron, aluminum alloy number, etc.), type of
coating and any additional data required for proper identification or to determine apparent conformance to
specified quality requirements.
' CONSTRUCTION METHODS
' 162-3.1 GENERAL. The fence shall be constructed in accordance with the details on the plans and as
specified heroin using new materials, and all work shall be performed in a workmanlike manner
satisfactory to the Engineer. Prior to the beginning of the work or upon the request of the Engineer,the
Engineer shall locate the position of the work by establishing and marking the property line or fence line.
' When directed, the Contractor shall span the opening below the fence at locations of small natural or
drainage ditches where it is not practical to conform the fence to the general contour of the ground surface
according to the project details. The now fence shall be permanently tied to the terminals of existing
' fences whenever required by the Engineer. The finished fence shall be plumb, taut, true to line and
ground contour,and complete in every detail.
' When directed, in order to keep stock on adjoining property enclosed at all times, the Contractor shall
arrange the work so that construction of the new fence will immediately follow the removal of existing
• fences. The length of unfenced section at any time shall not exceed 300 feet or such length that the stock
' can be kept in the proper field. The work shall progress in this manner and at the close of the working
' 1 Rev.11101104
day the newly constructed fence shall be tied to the existing fence. Any openings in the fence shall be '
guarded when stock is using the adjoining property. •
162-3.2 CLEARING FENCE LINE. The site of the fence shall be sufficiently cleared of obstructions, '
and surface irregularities shall be graded so that the fence will conform to the general contour of the
ground. The fence line shall be cleared on each side of the fence centerline. This clearing shall consist of
the removal of all stumps, brush, rocks, trees, or other obstructions that will interfere with proper ,
construction of the fence. Stumps within the cleared area of the fence shall be placed a uniform distance
above ground, as specified in the plans. All holes remaining after post and stump removal shall be
refilled with suitable soil, gravel, or other material acceptable to the Engineer and shall be compacted '
properly with tampers.
The cost of removing and disposing of all material cleared or excavated, regardless of the type, character,
composition, or condition of such material encountered shall not constitute a pay item and shall be '
considered incidental to fence construction.
162-3.3 REMOVING EXISTING FENCES. When shown on the plans or as directed by the engineer, '
the existing fences, which coincide with or are in a position to interfere with the new fence location, shall
be removed by the Contractor as a part of the construction work unless such removal is listed as a
separate item in the bid schedule. ,
162-3.4 INSTALLING POSTS. The contractor shall fill, cut or trench where necessary to produce a
smooth and uniform ground surface so the bottom of the fabric is not less than I inch or more than 3 '
inches above the finished ground line. All posts shall be set plumb,true to line and grade. Terminal posts,
defined as end,comer,pull or gate posts,shall be set in concrete.The concrete footing shall be a uniform
thickness around the post and shall have a cone or dome shaped top.
At the option of the Contractor, line posts may be driven or placed in dug or drilled holes and set in
concrete. If the contractor elect., to drive line posts, the posts shall be of the length and driven to the
depth shown on the plans. If posts cannot be driven to the correct depth, the posts shall be removed and '
placed in dug or drilled holes and set in concrete footings. Post damaged during installation shall be
removed and replaced at the contractor's expense. No extra compensation will be made for rock
excavation. Rock excavation shall not be ground for extension of time. '
162-3.5 BRACING. All comer, end, pull, and gate posts shall be braced as shown on the plans. Pull
posts shall be used at sharp breaks in vertical grade or at approximate 500' centers on straight runs or as '
directed by the engineer.
162-3.6 INSTALLING FABRIC. Fabric shall not be attached to posts until the concrete footings have '
cured for at least five days. Fabric shall be securely attached to end, comer, gate and pull posts in
accordance with manufacturer's recommendations. The fabric shall be attached to the tension wire with
hog rings spaced as shown on the plans. The fabric shall be attached to line posts with wire tics or bands ,
spaced in accordance with manufacturer's recommendations. All fabric shall be taut before attaching to
line posts or tension wire.
At locations of small natural swales or drainage ditches and where it is not practical to have the fence ,
conform to the general contour of the ground surface, longer posts may be used and multiple strands of
barbed wire stretched thereon to span the opening below the fence. The vertical clearance between strands
of barded wire shall be 6 inches or less. '
162-3.7 BARBED WIRE AND SUPPORT ARM. If the chain-link fence is required to be topped •
with barbed wire, the barbed wire support arm shall be at a 45-degree angle, t 5 degrees, from the vertical '
plane of the fence line extended above the fence, and shall be fitted with clips, slots or other device for
2 Rev. 11101/14 '
' a
from ttaching three strands of barbed wire to the arm, The top strand shall be located 12 inches horizontally
• the fence line,#3 inches, with the outer wires spaced uniformly between the top of the fence fabric
and the top outside strand of barbed wire. The barbed wire arm shall be sufficient strength to withstand a
' weight of 250 pounds applied at the outer strand of barbed wire without causing any permanent deflection
of the arm. Each strand of barbed wire shall be pulled taut to remove all sag before the strand is attached
to the extension arm.
' 162-3.8 INSTALLING GATES. The gates shall be erected and hung on gate fittings as shown on the
plans.They shall be attached in such a manner that the gate cannot be lifted off the hinges.Gates shall be
' erected to swing in the direction indicated and shall be provided with gate stops, as specified or as shown
on the plans.
162-.3.9 ELECTRICAL GROUNDS. Electrical grounds shall be constructed (where a power line
' passes over the fence) (at 500-foot intervals). (The ground shall be installed directly below the point
of crossing.) The ground shall be accomplished with a copper clad rod 8 feet long and a minimum of 5/8
inch in diameter driven vertically until the top is 6 inches below the ground surface. A No. 6 solid copper
conductor shall be clamped to the rod and to the fence in such a manner that each element of the fence is
grounded. Installation of ground rods shall not constitute a pay item and shall be considered incidental to
fence construction.
' 11 M II A * i R • • R * M * N f * • e• * * 0 * * • • • R A* R R R R R t R R f R * R R R R R f R R R f R f R
The engineer shall indicate the location of all electrical grounds an the plans. Grounding may not
be necessary with the use of composite posts.
162-3.10 CLEANING UP. Upon completion of the work, the contractor shall remove construction
tools,apparatus,equipment,unused materials and supplies,and personnel from the project site.
METHOD OF MEASUREMENT
' 162-4.1 Measurement of chain-link fence will be made to the nearest linear foot, measured along the
slope of the fabric, but shall not include gates. Measurement for gates will be made for each unit
' assembled, installed and complete in place, Double drive gates will be considered a single unit.
Measurement for the 3-strand barbed wire extension will be made to the nearest linear foot, measured
along the slope of the fence,but will not include gates.
' BASIS OF PAYMENT
' 162-5.1 The accepted quantity of chain-link fence, walk and drive gates, and barbed wire extensions,
complete in place, will be paid for at the contract unit price for each of the pay items included in the
contract. No direct payment will be made for concrete footings, post hole excavation, for excavation and
embankment necessary to smooth the area under the fence, and placing extra strands of barbed wire for
depressions, construction of water gates and all other incidental work or material.
Payment will be made under.
' Item MO-162-5.1 Chain Link Fence—per linear foot
' Itcm MO-162-5.2 Driveway Gates —per each
•
' 3 Rev.11101/04
ITEM MO-620 RUNWAY AND TAXIWAY PAINTING •'
DESCRIPTION '
620-1.1 This item shall consist of the painting of numbers, markings, and stripes on the surface of
runways, taxiways, and aprons, in accordance with these specifications and at the locations shown on the '
plans,or as directed by the Engineer.
MATERIALS '
620-2.1 MATERIALS ACCEPTANCE. The Contractor shall furnish manufacturer's certified test
reports for materials shipped to the project. The certified test reports shall include a statement that the
materials meet the specification requirements. The reports can be used for material acceptance or the '
Engineer may perform verification testing.The reports shall not be interpreted as a basis for payment.The
Contractor shall notify the Engineer upon arrival of a shipment of materials to the site.
620-2.2 PAINT. Paint shall be Waterborne in accordance with the requirements as herein specified. ,
Paint shall be furnished in White-37925,Yellow-33538 or 33655 and Black-37038 in accordance with
Federal Standard No. 595. ,
WATERBORNE. Paint shall meet the requirements of Federal Specification TT-P-1952D,
Type 11. '
620-2.3 REFLECTIVE MEDIA. Glass beads shall meet the requirements of Federal Specification
TT-B-1325C,Type 1--gradation A. Glass beads shall be treated with adhesion promoting and/or flotation
coatings as specified by the manufacturer of the paint.
CONSTRUCTION METHODS
620-3.1 WEATHER LIMITATIONS. The painting shall be performed only when the surface is dry '
and when the surface temperature is at least 45 degrees F and rising and the pavement surface temperature
is at least 5 degrees F above the dew point. Markings will not be applied when the pavement temperature ,
is greater than 120 degrees F.
620-3.2 EQUIPMENT. Equipment shall include the apparatus necessary to properly clean the existing '
surface, a mechanical marking machine, a bead-dispensing machine, and such auxiliary hand-painting
equipment as may be necessary to satisfactorily complete the job.
The mechanical marker shall be an atomizing spray-type marking machine suitable for application of ,
traffic paint. It shall produce an even and uniform film thickness at the required coverage and shall apply
markings of uniform cross sections and clear-cut edges without running or spattering and without over
spray. '
620-3.3 SURFACE PREPARATION. Immediately before application of the paint, the surface shall be
dry and free from dirt, grease, oil, laitance, or other foreign material that would reduce the bond between '
the paint and the pavement.The area to be painted shall be cleaned by sweeping and blowing or by other
methods as required to remove all dirt, laitance,and loose materials. Paint shall not be applied to Portland
cement concrete pavement until the areas to be painted are clean of curing material. Sandblasting or high- '
pressure water shall be used to remove curing materials.
1 Rev.09/15105
1
,• Prior to placing a new asphaltic concrete overlay, the existing surface shall be prepared in accordance
with MO-601. Prior to placing the pavement friction scalcoat surface treatment, the existing surface shall
' be prepared in accordance with MO-623.
620-3.4 LAYOUT OF MARKINGS. The proposed markings shall be laid out in advance of the paint
application. Glass beads shall be applied to all runway,taxiway,taxilane and apron markings.
620-3.5 APPLICATION. Paint shall be applied at the locations and to the dimensions and spacing
shown on the plans. Paint shall not be applied until the layout and condition of the surface has been
approved by the Engineer.
The edges of the markings shall not vary from a straight line more than 1/2 inch in 50 feet and marking
dimensions and spacings shall be within the following tolerances:
Dimension and Spacing Tolerance
' 36 inches or less +/- 1/2 inch
Greater than 36 inches to 6 feet +/- i inch
Greater than 6 feet to 60 feet +/. 2 inches
Greater than 60 feet +/- 3 inches
The paint shall be mixed in accordance with the manufacturer's instructions and applied to the pavement
with a marking machine at the rate(s) shown in Table 1.The addition of thinner will not be permitted.
A period of thirty (30) days is required between placement of new pavement (concrete or bituminous
N surface course)and the application of paint as specified below. If these pavements are to be opened to air
traffic prior to the thirty (30) day waiting period, the first application of pavement marking must be
applied at the specified rate below.
Bituminous pavements sealed with the MO-623 Pavement Friction Sealcoat Surface Treatment, require a
period of forty-eight (48) hours between placement of the scalcoat and application of the paint as
specified below. However, if discoloration is evident, painting shall be discontinued and additional cure
' time of the scalcoat will be required. All discolored paint shall be replaced at the contractor's expense.
The paint shall be applied in two(2) separate applications for all markings with the exception of taxiway
' centerline markings. The first application of the pavement markings shall be made at 25% of the
application rate minus glass beads.The second application shall be made at 100% of the application rate
with glass beads. The time lapse between the two applications shall be per the manufacturer's
recommendations. Taxiway centerline markings shall be applied in one application at 100% the
' application rate with glass beads.
TABLE 1. APPLICATION RATES FOR PAINT AND GLASS BEADS
' Paint Glass Beads, Glass Beads, Glass Beads,
'
Paint Type Square feet Type 1, Type III Type IV per gallon, Gradation A Pounds per gallon Pounds per gallon
ft`/gal Pounds per gallon of point-4b/gal of paint—lb/gal
of paint—lb/gal
' Waterborne 115 fl'/gal 7 lb/gal Minimum 12 lb/gal Minimum
• Maximum
2 Rev.09115105
1
Glass beads shall be distributed upon the marked areas at the locations shown on the plans to receive glass •'
beads immediately after application of the paint. A dispenser shall be furnished which is properly
designed for attachment to the marking machine and suitable for dispensing glass beads. Glass beads ,
shall be applied at the rates) shown in Table 1. Glass beads shall not be applied to black paint. Glass
beads shall adhere to the cured paint or all marking operations shall cease until corrections are made.
All emptied containers shall be returned to the paint storage area for checking by the engineer. The '
containers shall not be removed from the airport or destroyed until authorized by the engineer.
620-3.6 PROTECTION. After application of the paint, all markings shall be protected from damage ,
until the paint is dry. All surfaces shall be protected from excess moisture and/or rain and from
disfiguration by spatter, splashes,spillage,or drippings of paint.
METHOD OF MEASUREMENT
6204.1 The quantity of runway, taxiway, taxilane and apron markings to be paid for shall be the number '
of square feet of painting performed in accordance with the specifications and accepted by the Engineer.
BASIS OF PAYMENT ,
620-5.1 Payment shall be made at the respective contract price per square foot for runway, taxiway,
taxilane and apron painting.No direct payment will be made for reflective media. This price shall be full '
compensation for furnishing all materials and for all labor, equipment, tools, and incidentals necessary to
complete the item.
Payment will be made under:
Item MO-620-5.1-1 Airport Runway Pavement Marking(White)--per square foot
Item MO-620-5.1-2 Airport Taxiway Pavement Marking(Yellow)--per square foot
Item MO-620-5.1-3 Airport Pavement Marking(Black)--per square foot
TESTING REQUIREMENTS ,
ASTM C 371 Wire-Cloth Sieve Analysis of Nonplastic Ceramic Powders
ASTM D 92 Test Method for Flash and Fire Points by Cleveland Open Cup ,
ASTM D 711 No-Pick-Up Time of Traffic Paint
ASTM D 1213-54(1975) Test Method for Crushing Resistance of Glass Spheres '
MATERIAL REQUIREMENTS '
Federal Standard 595 Colors used in Government Procurement
Fed. Spec.TT-P-1952D Paint,Traffic and Airfield Marking,Watcrbome ,
Fed.Spec.TT-B-1325C Beads(Glass Spheres)Retroreflective ,
AASHTO M 247 Glass Beads Used in Traffic Paints •
3 Rev.09115105
ITEM MO-622 CRACK AND JOINT SEALING-BITUMINOUS PAVEMENT
DESCRIPTION
622-1.1 This item shall consist of routing, heat lancing„ and sealing the existing transverse and
longitudinal cracks and joints and random cracks in bituminous pavements in accordance with these
' specifications and in reasonably close conformity with the details shown on the plans.
The quantity shown is for bidding purposes and has been approximated.Actual payment for the work will
be determined by field measurements of the work completed.The Engineer will determine the cracks and
joints to be filled.
' MATERIALS
622-2.1 SEALANT MATERIAL. The sealant material shall be a hot pour elastimeric type conforming
' to the requirements of ASTM D 6690 Type II,together with the following modifications:
Cone Penetration at 77°F(25°C), 150 g, 5 sec 50-90
' Flow at 140°F(60°C), 75 degree angle, 5 hrs 5 mm
Bond at 0°F(-18°C), 100 percent extension, VP(12.7mm)thick specimen Pass 5 cycles
Resilience at 77°F(25°C) 25-60
Storage, heating instructions, and cautions shall be printed on each box of sealant. The sealant must be
able to be reheated to application temperature at least once after the initial heat up without degradation of
N sealant specifications. Sealant shall have an application life at application temperature of approximately
12 to 15 hours.
622-2.2 MATERIAL ACCEPANCE. Prior to the use of the sealant material, the contractor shall
submit to the Engineer,the appropriate material certification or laboratory test indicating that the material
meets specification requirements. If the contractor applies the material prior to receipt of the test reports,
payment for the material shall be withheld until they are received. If the material does not pass the
' specification it shall be replaced at the contractor's expense.
The Engineer may request samples for testing, prior to and during production,to verify the quality of the
materials and to ensure conformance with the applicable specifications.
CONSTRUCTION METHODS
' 622-3.1 WEATHER LUMTATIONS. The sealant material shall not be applied when the weather is
foggy,rainy or when the ambient and pavement temperatures are below 40°F.
' 622-3.2 EQUIPMENT. All machines,tools and equipment used in the performance of work required by
these specifications will be subject to the approval of the Engineer and maintained in a satisfactory
' working condition at all times,
1. Router: The routing machine shall be an impact router equipped with carbide-tipped vertical-
sided bits. It shall be portable and capable of routing existing asphalt surfaces along and adjacent
' to the crack and joint. The unit shall be capable of following random cracks and be designed to
• adjust the cutting widths. The unit shall be equipped with a cutter head clutch and shall have an
adjustable depth control.
1 Rev.02/01/05
1
2. Hat Compneneed-Air Lance(HCA): The HCA shell be capable of producing air temperature up
to 2500eF and constructed of suitable hardware. It shall be provided with separate valves to '
control propane,burner air,and lance air.The fuel and burner air shall be mixed only at the point
of combustion before leaving the burner tube. A separate air lance tube shall pass inside the
burner chamber and be orificed to a maximum 114". At the fuel source, a high-pressure regulator '
to control fuel pressure from 5 PSI to 30 PSI and to prevent flashback shall be used. Burner BTU
should range from 20,000 to 500,000 BTU. A wheel kit constructed to keep the unit at the proper
height and angle from the pavement should be used.No external flame shall be allowed to touch '
the pavement,
3. Hot-Applied Sealant Applicator(melter): The melter applicator unit shall be a self-contained '
double boiler device with the transmittal of heat through a heat transfer oil. It must be equipped
with an onboard automatic heat-controlling device to permit the attainment of a predetermined
temperature, then maintain that temperature as long as required. The unit shall have a means to '
vigorously and continuously agitate the sealant. The sealant shall be transferred from the unit to
the crack•by means of a direct-connected feed hose and wand.The equipment should be designed
to allow the sealant to be circulated back into the unit when sealing is not being performed or
equipped with a temperature controlled heated hose and wand that does not required circulation. '
The sealant should not be heated to a temperature in excess of that specified by the manufacturer.
622-3.3 PREPARATION OF CRACKS AND JOINTS. All open cracks and joints from 114"to 1-1/4" '
shall be routed to remove at least 1/8"from each sidewall. This will result in a minimum reservoir width
of 1/2"to a maximum reservoir width of 1-1/2".The depth of the routing shall be approximately a one to
one ratio (width to'depth), subject to the discretion of the Engineer. Cracks wider than 1-1/2" shall be
repaired in accordance with the details shown on the plans or as directed by the Engineer.
No sealant shall be installed until all cracks and joints have be cleaned free of all deleterious materials, '
including any dust, old sealant, -ineompressibles, and organic material', and are sufficiently dry.
Following the initial routing and cleaning operation, all cracks and joints shall be HCA lanced within 10
minutes of application of the sealant. Equipment for the two operations should be kept in a compact ,
configuration such that not more than 50 feet separates equipment required by the two operations.
Extreme care shall be used to ensure the crack sidewalls do not become overheated and burned.
*When vegetation exists in the cracks and joints, it shall be removed and those cracks and joints shall be '
treated with a herbicide that sterilizes the soil subject to the approval of the Engineer.
622-3.4 APPLICATION OF CRACK AND JOINT SEALANT. No sealant material shall be installed ,
until all cracks and joints to be scaled have been inspected and approved by the Engineer. The sealant
shall be applied in the crack or joint reservoir uniformly from the bottom to the top and shall be filled
without formation of entrapped air or voids. Pouring pots or gravity-fed sealant applicators shall not be '
used for sealing cracks and joints.Joints and cracks shall be filled flush with the surface and any overfill
shall be squeegeed so that the overhand cap does not exceed 1/16" above the surface and the width does
not exceed 2"beyond the crack edges. All overbanding shall be kept to a minimum. After the sealant has ,
cooled, settling shall not exceed 3/8"below the surface.
622-3.5 PAVEMENT CLEANING AND PROTECTION. The pavement surface and all work areas
shall be loft in a clean condition. Vehicular traffic shall not be permitted on the pavement in the areas of '
the treated cracks and joints during the curing period. The contractor shall supply all temporary traffic •
control devices (barricades, cones, signing, etc.) to protect the sealant, as required and approved by the
Engineer.Any damage to uncured sealant shall be repaired at the contractor's expense. '
3 Rev.0zvm/05 '
iMETHOD OF MEASUREMENT
6224.1 The length of crack and joint sealing to be paid for shall be the number of lineal feet of crack and
joint sealing completed in place and accepted.
' BASIS OF PAYMENT
.622-5.1 Payment shall be made at the contract unit price per lineal foot of crack and joint sealing.'This
price shall be full compensation for furnishing all.materials, for all preparation, and placing of the
material,and for all labor,equipment,tools,and incidentals necessary to complete this item.
Payment will be made under;
Item MO-622-5.1 Crack and Joint Sealing(MO-622)—per linear foot
�1
1 '
1•
1
' 3 Rev.ozroiros
1
ITEM MO-623 PAVEMENT FRICTION SEALCOAT SURFACE TREATMENT
DESCRIPTION ,
623-1.1 This item shall consist of a modified asphalt emulsion designed for seelcoating asphalt
pavements. The sealcoat mixture shall be MicroPave, Ultra Seal, or an approved equivalent with sand, '
properly proportioned,mixed, and spread evenly on the existing wearing course in accordance with these
specifications and shall conform to the dimensions shown on the plans or as directed by the Engineer.
MATERIALS '
623-2.1 AGGREGATE. The aggregate shall be black beauty sand for runways, and black beauty sand
or silica sand for taxiways and aprons, in the quantities as specified below. Gradation limits shall be ,
20/40 mesh or 30/60 mesh as approved by the Engineer (20/40 mesh is recommended for the runway
treatment). Sand shall be clean and free of vegetable matter, dirt, dust, and other deleterious substances.
The black beauty aggregate material shall meet the requirements of Table 1. '
Mixing quantities of sand—pounds per gallon of asphalt emulsion:
a. Runway—four(4)pounds of black beauty sand. ,
b. Taxiway and Apron — two (2) pounds of black beauty sand or two (2) pounds of silica '
sand.
TABLE
Properties of Black Beauty Aggregate
Hardness(Mobs Scale) 6-7
,Bulk Density 75— 100 pef
Specific Gravity 2.70 min.
Moisture Content 0.5%max. '
Conductivity 25 microSiemens max.
Free Silica 1%max.
623-2.2 ADDITIVE. Micro-lock or approved equivalent shall be added at the rate of 3%. Quantity of '
additive may be increased up to 5% subject to the direction of the Engineer. Additive is based on '
acrylonitrile/butadiene latex rubber. Additive must be pre-diluted with an equal volume of water per the
manufacturer's recommendation, before adding to the emulsion sealer. (Water must be added to the
additive and not vice versa.)
623-2.3 WATER. Water shall be clean and potable without harmful soluble salts and within a
temperature range of 600-80 0F.
623-2.4 EMULSION MATERIAL (Contractor's Responsibility). Samples of the emulsion that the '
contractor proposes to use, together with a statement as to its source, must be submitted and approved by
the Engineer before using such material. Tile contractor shall furnish the Engineer a manufacturer's t
certified report for each consignment of the emulsion, The test reports shall contain all the data required
by the applicable specification. If the contractor applies the material prior to receipt of the test reports, •
payment for the material shall be withheld until they are received. If the material does not pass the '
1 Rev.07ro1ro5
'• specifications, it shall be replaced at the contractor's expense. The manufacturer's certified report shall
not be interpreted as a basis for final acceptance. All such reports shall be subject to verification by
' testing samples of the emulsion as received for use on the project. A minimum of one sample per coat
may be taken from the contractor's application machine subject to the direction of the Engineer.
' 623-2.5 MATERIAL ACCEPTANCE. Prior to the use of all materials proposed for use during
construction, the contractor shall submit to the Engineer, the appropriate material certifications or
laboratory tests indicating that the material meets specification requirements.
' COMPOSITION
' 623-3.1 COMPOSITION OF SEALCOAT MIXTURE. At least 10 days prior to placing any mixture
on the project,the contractor shall submit a mix design for verification and approval by the Engineer.
No sealcoat for payment shall be placed until the Engineer has approved a mix design in writing. The
mix design shall be in effect until modified in writing by the Engineer. Wlren unsatisfactory results or
other conditions occur, or should a source of materials be changed, a new job mix formula may be
required.
The percent of aggregate passing each sieve shall not vary more than±4.0 percent from the mix design
formula. The residual asphalt content shall not vary more than ± 1.0 percent from the mix design
' quantity.
623-3.2 MODIFIED SEALCOAT MIXTURE.
NS eciliations/Ph sicai Properties Requirements
Solids Content(with 4 lbs. sand per gallon) 62%±2%
' Ash Content 40%+7%
Solubility in CS2 48%±2%
Or
'
Solubility in trichloroethylene 27%±8%
Specific Gravity 1.16+0.1
Cone Penetration 77°F.drum(depth in millimeters 385 +45 ASTM D217)
Polymcr/As halt Ratio 3%min.
623-3.3 TEST SECTIONS. Test sections shall be placed prior to the start of the sealcoat work in the
' presence of the Engineer. The areas to be tested will be designated by the Engineer and will be located on
the existing pavement. Test strips shall be made by each machine after calibration. Samples of the
sealcoat shall be taken and the mix consistency and proportions verified. The rate of application will also
' be verified. If any test does not meet specification requirements, additional tests shall be made at the
contractor's cost until an acceptable test strip is placed. Test sections that are unacceptable shall be
removed at the contractor's expense.
' CONSTRUCTION METHODS
6234.1 WEATHER LIMITATIONS. The sealer material shall not be applied when the weather is
' rainy or foggy, on extremely humid days(maximum 80 1/o),when the ambient and pavement temperatures
• are below 60°F and the forecasted low for the next 24 hours is expected to be below 50°F.
2 Rcv.07/0 1/03
6234.2 EQUIPMENT AND TOOLS. All equipment, tools, and machines used in the performance of •'
this work shall be maintained in satisfactory working order at all times. Descriptive information on the
sealcoat mixing and applying equipment to be used shall be submitted to the Engineer for approval not ,
less than 10 days before work starts.
6234.3. DISTRIBUTORS. Distributors or spray units used for the spray application of the sealcoat '
shall be self-propelled and capable of uniformly applying 0.15 to 0.55 gallons per square yard (0.69 to 2.5
liters per square meter) of material over the required width of application. Distributors shall be equipped
with removable manhole covers,tachometers,pressure gauges, and volume-measuring devices.
The mixing tank shall have a mechanically powered full-sweep mixer with sufficient power to move and
homogeneously mix the entire content of the tank. The distributor shall be equipped with a positive
placement pump so that a constant pressure can be maintained on the mixture to the spray nozzles. ,
6234.4. SEALCOAT MIXING EQUIPMENT. The sealcoat-mixing machine shall be a mixing unit
capable of accurately delivering a predetermined proportion of aggregate, water, and modified asphalt '
emulsion to the mixing changer and of discharging the thoroughly mixed product on a continuous basis.
The mixing unit shall be capable of thoroughly blending all ingredients together and discharging the
material to the spreader box or applicator device without segregation. ,
623-4.5.' SEALCOAT SPREADING EQUIPMENT. Attached to the mixing machine shall be a
mechanical-type squeegee distributor equipped with flexible material in contact with the surface to '
prevent loss of sealcoat from the spreader box/applicator device. It shall be maintained to prevent loss of
sealcoat on varying grades and crown by adjustments to assure uniform spread. There shall be a lateral
control device and a flexible strike-off capable of being adjusted to lay the sealcoat at the specified rate of
application. The box/applicator device shall be kept clean, and built-up modified asphalt emulsion and
aggregate on the box/applicator device shall not be permitted.
623-4.6. AUXILIARY EQUIPMENT. Other tools or equipment such as brushes,hand squeegees, hose '
equipment, tank trucks, water distributors and flushers. Power blowers, low profile barricades, etc., shall
be provided as required.
6234.7. EQUIPMENT CALIBRATION. Each sealcoat-mixing unit to be used on the project shall be '
calibrated in the presence of the Engineer prior to construction. Engineer may accept previous calibration
documentation covering the exact materials to be used provided the documentation represents tests made
during the calendar year. The documentation shall include an individual calibration of each material at
various settings,which can be related to the machine's metering devices.
6234.8. SURFACE PREPARATION. Prior to placing the sealcoat, unsatisfactory areas shall be '
repaired in accordance with Item MO-601, and the surface shall be cleaned of dust, dirt, or other loose,
foreign matter, grease, oil, or any type of objectionable surface film. Air blowers or pressure washing
with water will be acceptable except that water flushing will not be permitted in areas where considerable '
cracks are present in the pavement surface. Embedded dirt and silt shall be removed with steel bristle
hand brooms and mud areas shall be thoroughly scraped and pressure washed with clean water. Grease
and oil spots shall be scraped with a wire bristle broom and coated with an approved primer in accordance '
with the manufacturer's recommendation subject to the direction of the Engineer.
All paint and rubber over one foot wide that will affect the bond of the sealcoat shall be removed from the '
surface of the existing pavement, subject to the direction of the Engineer. Chemicals, high-pressure
water, heater scarifier(asphaltic concrete only), or sandblasting may be used. Any method used shall not •
cause major damage to the pavement. Major damage is defined as changing the properties of the '
3 Rev.07/01105 t
,• pavement or removing pavement over 1/16 inch deep. If chemicals arc used, they shall comply with the
state's environmental protection regulations. No material shall be deposited on the runway shoulders.
' All wastes shall be disposed of in approved areas or,directed by the Engineer.
A tack coat shall be applied to excessively weathered surfaces or other areas as directed by the Engineer
according to Item MO-603 unless otherwise specified herein, to improve bonding of the sealcoat to the
surface. The tack coat shall consist of one (1) part asphalt emulsion (SS-1-H) mixed with four(4) parts
clean water or one (1) MicroPave or approved equivalent mixed with two (2) parts clean water volume
' and shall be applied at the'rate of 0.05 to 0.10 gallon per square yard. The tack coat shall be applied at
least 2 hours before the sealcoat but within the same day. No direct payment will be made for tack coat
under Item MO-623. The quantity of tack coat applied shall be paid for at the contract unit price per
gallon for"Bituminous Tack Coat",as provided in Item MO-603.
No direct payment will be made for cleaning and sealing existing joints and cracks under Item MO-623.
The quantity for cleaning and sealing existing joints and cracks shall be paid for at the contract unit price
' provided in Item MO-622.
6234.9 APPLICATION OF SEALCOAT. The seal shall be applied in two(2)thin coats in a coverage
range of 0.3 to 0.45 gallons of emulsion per square yard for both coats combined. First coat shall be
applied by squeegee at the rate of 0.20 to 0.35 gallon per square yard subject to the conditions of the
pavement and direction of the Engineer. Second coat shall be applied by squeegee or spray at the rate of
' 0.10 to 0.15 gallon per square yard subject to discretion of the Engineer.
HAND SPRAY APPLICATION IS PERMITTED ONLY IN AREAS NOT ACCESSIBLE BY
N MACHINE SPRAY/SQUEEGEE UNITS.
The surface shall be pre-wet by fogging ahead of the sealcoat sprcader/applicator device subject to the
direction of the Engineer. (The machine should be equipped with a fog bar to be used for pre-dampening
if the pavement temperature exceeds 90°F.) Water used in pre-dampening the surface shall be applied at
such a rate that the entire surface is damp with no apparent flowing water in front of the sealcoat
spreader/applicator device. The sealcoat mixture shall be of the desired consistency when deposited on
the surface, and no additional elements shall be added. Total time of mixing shall not exceed 10 minutes.
A sufficient amount of sealcoat shall be airried in all parts of the spreader/applicator device at all times so
' that complete coverage of all surface voids and cracks is obtained. Care shall be taken not to overload the
spreader/applicator device, which shall move at a slow and uniform rate not to exceed 5 miles per hour.
No lumping, balling, or unmixed aggregate shall be permitted. Any oversized aggregate or foreign
' materials shall be screened from the aggregate prior to delivery to the mixing machine. No segregation of
the emulsion and sand aggregate will be permitted. If the aggregate settles to the bottom of the mix, the
sealcoat will be removed from the pavement surface. A sufficient amount of sealcoat shall be fed to the
surface to keep a full supply against the full width of the squeegee. The mixture shall not be permitted to
' overflow the front sides of the spreader/applicator device. No excessive breaking of the emulsion will be
allowed in the mixing machine. No streaks, such as caused by oversized aggregate, shall be left in the
finished pavement.
' Adjacent lanes shall be lapped at the edge a minimum of four(4) inches to provide complete scaling of
the overlap. All edges shall be feathered with hand squeegees.
' Longitudinal joints shall be constructed either when the sealcoat in the previous lane is in a completely
• liquid or a completely cured condition. Longitudinal construction joints shall be smoothed with
' squeegees if necessary to obtain a good joint.
' 4 air.07101105
The fresh sealcoat application shall be protected by barricades and markers and permitted to cure for at •'
least 24 hours, depending on weather conditions (best drying conditions are temperatures of 70°-80° F, ,
sunlight, relative humidity 50% or lower). Sealcoat shall be tested for trafficability prior to opening for
regular uses. Any damage to uncured sealcoat will be repaired at the contractor's expense.
In areas where the spreader/applicator cannot be used, the sealcoat shall be applied by means of a hand '
squeegee. Any joints or cracks that are not filled by the sealcoat mixture shall be filled by using hand
squeegees. No excessive build-up or unsightly appearance shall be permitted on longitudinal or ,
transverse joints. Upon completion of the work, the sealcoat shall not have bare spots, or cracks through
which liquids or foreign matter could penetrate to the underlying pavement. The finished surface shall
present a uniform and skid-resistant texture satisfactory to the Engineer. All wasted and unused material
and all debris shall be removed from the site prior to final acceptance. '
METHOD OF MEASUREMENT
622-5.1. The sealcoat coat application shall be measured by the square yard. '
623.5.2. The pavement marking removal shall be measured by the square foot. ,
BASIS OF PAYMENT
623-6.1. Payment will be made at the contract unit price per square yard for the sealcoat. These prices '
shall be full compensation for furnishing all materials and for all testing, preparation, mixing, and
applying these materials, and for all labor, equipment, tools and incidentals necessary to complete the
item.
Payment will be made under:
MO-623-6.1 Pavement Friction Sealcoat Surface Treatment--per square yard '
MO-623-6.2 Pavement Marking Removal--per square foot ,
CERTIFICATION/TESTING REQUIREMENTS
ASTM C 88 Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate '
ASTM C 128 Specific Gravity and Absorption of Fine Aggregate
ASTM C 131 Resistance to Abrasion of Small Size Course Aggregate by Use of the Los '
Angeles Machine
ASTM C 136 Sieve or Screen Analysis of Pine and Coarse Aggregates
MATERIAL REQUIREMENTS '
ASTM D 977 Emulsified Asphalt '
ASTMD 2397 Cationic Emulsified Asphalt
The Asphalt Institute Table IV-3 Temperature — Volume Corrections Manual MS-6 for Emulsified
Asphalt ,
5 Rev.0710005
OpENDIX
Advisory
U.S.DiVartment
oedetal Aviation Circular
Fadarat Aviation
Administration
Subject:OPERATIONAL SAFETY ON AIRPORTS Date: 1/17/03 AC No: 150/5370.21 ,
DURING CONSTRUCTION Initiated by:AAS-300 Choose:
1. THE PURPOSE OF THiS ADVISORY 4. WHO THIS AC AFFECTS. '
CIRCULAR(AC).
This AC assists airport operators in complying with 14
Aviation safety is the primary consideration at airports, Code of Federal Regulations(CFR),part 139, '
especially during construction.This AC sets forth Certification and Operation:Land Airports Serving
guidelines for operational safety on airports during Certain Air Carriers,and with the requirements of
construction.It contains major changes to the following airport construction projects receiving funds under the ,
areas:"Runway Safety Area;paragraph 3.2;"Taxiway Airport Improvement Program or from the Passenger
Safety Arces/Object-Frec Areas,"paragraph 3.3; Facility Charge Program. While the FAA does not
"Overview,"paragraph 3-4;"Marking Guidelines for require noncertificated airports without grant
Temporary Threshold,"paragraph 3-5;and"Hazard agreements to adhere to these guidelines,we
Marking and Lighting,"paragraph 3.9. recommend that they do so as it will help these airports
maintain a desirable level ofoperational safety during
'r2:. WHAT THIS AC CANCELS. construction.
This AC cancels AC 15015370.21),Operational Safety S. ADDITIONAL BACKGROUND ,
on Airports Daring Construction,dated May 31,2002. INFORMATION.
3. READING MATERIAL RELATED TO THiS Appendix 2 contains definitions of terms used In this '
AC. AC. Appendix 3 provides airport operators with
boilerplate format and language for developing a safety
Appendix 1 contains a list of reading materials on plan for an airport construction project. Appendix 4 Is
airport construction,design,and potential safety a sample Notice to Airmen form.
hazards during construction,as well as instructions for
ordering these documents. Many of them,including 6. HAZARD LIGHTING IMPLEMENTATION
this AC,arc available on the Federal Aviation TIME LINE.
Administration(FAA)Web site.
Supplemental hazard lighting must be red in color by
October 1,2004. See paragraph 3.9 for more
information. '
DAVID L.BENNETT
Director,Office of Airport Safety and Standards '
t1/17/03 AC 16016370.2E
CONTENTS
• Pusoraph
CHAPTER 1. GENERAL SAFETY REQUIREMENTS AND RESPONSIBILITIES..........................................�1
1-I. Overview..................................................................................................................................................................1
' 1-2. Who Is Responsible for Safety During Construction...............................................................................................1
CHAPTER2. SAFETY PLANS................................................................................................................................3
Section 1. Bask Safety Plan Considerations.......................................................................................................3
2-1. Overview..................................................................................................................................................................3
2.2. Safety Plan Checklist................................................................................................................................................3
' Section 2. Safety and Security Measures.............................................................................................................4
2.3. Overview..................................................................................................................................................................4
24. Vehicle Operation and Marking and Pedestrian Control..........................................................................................4
' 2.5. Construction Employee Parking Areas.....................................................................................................................5
2.6. Construction Vehicle Equipment Parking................................................................................................................5
2.7. Radio Communication Training...............................................................................................................................5
2.8. Fencing and Oates....................................................................................................................................................5
' Section 3.Notification of Construction Activities................................................................................................6
2.9. General.....................................................................................................................................................................5
' 2-10. Assuring Prompt Notifications.................................................................................................................................6
2.11. Notices to Airmen(NOTAMs).................................................................................................................................6
2.12. Aircraft Rescue and Fire Fighting(ARFF)Notification...........................................................................................6
2-13. Notiflcation to the FAA............................................................................................................................................6
2-14. Work Scheduling and Accomplishment...................................................................................................................6
CHAPTER3. SAFETY STANDARDS AND GUIDELINES......................................................................................7
' Section 1. Runway and Taxiway Safety Areas,Obstacle-Free Zones,and Object.Free.Areas•.....................7
3-1. Overview........................................................................ ...7
3.2. Runway Safety Area(RSA)/Obstacle•Free Zone(OFZ)..........................................................................................7
' 3.3. Taxiway Safety Areas/Object-Free Areas................................................................................................................7
Section 2. Temporary Runway Thresholds..........................................................................................................5
3.4. Overview. .I....... .....................................................................................................8
........................... ....................... .
' 3.5. Marking Guidelines for Temporary Threshold.........................................................................................................8
3.6. Lighting Guidelines for Temporary Threshold.........................................................................................................9
Section 3. Other Construction Marking and Lighting Activities......................................................................10
' 3.7. Overview.............. .........I.............................................................................I..........,....................,....................10
3.8. Closed Runway and Taxiway Marking and Lighting... ...10 '
3.9. Hazard Marking and Lighting. ........................................................................................... .10
................................. ..
' 3.10. Construction New Navigational Aldo(NAVAIDs)..............................................'..................................... .11
3-I i. Construction Site Access and Haul Roads.. ..I 1
3.12. Construction Material Stockpiling... ..11
3.13. Other Limitations on Construction.......................................................................................................................11
' 3-14. Foreign Object Debris(FOD)Management...........................................................................................................12
Section 4. Safety Httxards and Impacts..............................................................................................................12
3-15. Overview................................................................................................................................................................12
' III
AC 16016370-2E 1117103 '
Appmdlen ,
oAPPENDIX 1. RELATED READING MATERIAL...................................................................................................A-1 • .
APPENDIX2. DEFINITIONS OF TERMS USED IN THE AC..................................................................................A-Z '
APPENDIX 3. AIRPORT CONSTRUCTION SAFETY PLANNING GUIDE..............«..............................................A-1
APPENDIX4. SAMPLE NOTAM......................................»................»....«............................................................A-7
1.
1
IV
1117103 AC 10016370.2E
,• CHAPTER 1. GENERAL SAFETY REQUIREMENTS AND RESPONSIBILITIES
' 1-1. OVERVIEW. (S) Ensure that construction contractors and
subcontractors undergo training required by the safety
Hazardous practices and marginal conditions created by plan.
construction activities can decrease or jeopardize
operational safety on airports. To minimize disruption of Develop and/or coordinate t traffic control
construction
normal aircraft operations and to avoid situations that vehicle pllan an with airport tenants,the airport
compromise the airport's operational safety,the airport tower(ATCTn end construction contractors. ,section Include the
operator must carefully plan,schedule,and coordinate of plan in the safety plan. See Chapter 2,section 2,
' construction activities. While the guidance In this AC Is of this AC for additional information.
primarily used for construction operations,some of the (10) Ensure tenants and contractors comply
methods and procedures described may also enhance day- with standards and procedures for vehicle lighting,
' to-day maintenance operations, marking,access,operation,and communication.
1-2. WHO IS RESPONSIBLE FOR SAFETY (11) At certificated airports,ensure that each
DURING CONSTRUCTION. tenant's construction safety plan Is consistent with 14
CFR part 139,Certification and Operations:Land
An airport operator has overall responsibility for Airports Serving Certain Air Carriers.
construction activities on an airport. This Includes the (12) Conduct frequent Inspections to ensure
predesign,design,preconstruction,construction,and construction contractors and tenants comply with the
Inspection phases. Additional information on these safety plan and that altered construction activities do not
responsibilities can be found throughout this AC, create potential safety hazards.
o. Airport operator's respoambilMks— (13) Resolve safety deficiencies immediately.
' (1) Develop internally or approve a (14) Ensure construction access complies with
construction safety plan developed by an outside the security requirements of 49 CFR part 1342,Airport
consultant/contractor 00 complies with the safety Security.
N guidelines in Chapter 2,"Safety Plans,' and Appendix 3, (16) Notify appropriate parties when
"Airport Construction Safety Planning Guide,"of this
AC. conditions exist that invoke provisions of the safety plan
(e.g.,Implementation of low-visibility operations).
' (2) Require Intend to contractors
comp y submit plans b. Constrrsetlos contractor's responlbllkko-
indicetinghow they Intend to comply with the safety
requirements of the project. (1) Submit plans to the airport operator on
(3) Convene a meeting with the construction how to comply with the safety requirements of the
contractor,consultant,airport employees,and,if project.
appropriate,tenant sponsor to review and discuss project (2) Have available a copy of the project safety
safety before begimdng construction activity. plan.
' (4) Ensure contact information is accurate for (3) Comply with the safety plan associated
each representa lve/point of contact Idenl)fled In the with the construction project and ensure that construction
safety plan. personnel are familiar with safety procedures and
' (6) Hold weekly or,if necessary,dally safety
regulations on the airport.
meetings to coordinate activities. (4) Provide a point of contact who will
(6) Notify users,especially aircraft rescue and coordinate an Immediate response to correct any
flrc fighting(ARPF)personnel,ofconstrucdon activity construction-related activity that may adversely affect the
' and conditions that may adversely affect the operational operational safety of the airport.
safety of the airport via Notices to Airmen(NOTAMs)or (6) Provide a safety officer/construction
other methods,as appropriate. Convene a meeting for Inspector familiar with airport safety to monitor
review and discussion if necessary, construction activities.
(7) Ensure that construction personnel know (6) Restrict movement of construction
of any applicable airport procedures and of changes to vehicles to construction areas by flagging and barricading,
those procedures that may affect their work, erecting temporary fencing,or providing escorts,as
' appropriate.
1
AC 100/5370.2E 1117103 '
(7) Ensure that no construction employees, construction-related activity that may adversely affect the '
employees ofsubcontractors or suppliers,or other persons operational safety of the airport.
enter any part of the air operations areas(AOA9)from the •
concoction site unless authorized. (3) Ensure that no tenant or construction
employees,employees of subcontractors or supplier,or
e. Teat's respaasibilltiss If plaulag any other persons enter any part of the AOA from the ,
cou traetiaa aetlyMes on leased property— construction site unless authorized.
(1) Develop a safety plan,and submit it to the (4) Restrict movement of construction ,
airport operator for approval prior to Issuance of a Notice vehicles to construction areas by slagging and barricading
to Proceed. or erecting temporary fencing.
(2) Provide a point ofcomw who will '
coordinate an immediate response to correct any
1,
O
2
1117103 AC 15016370.2E
,• CHAPTER 2. SAFETY PLANS
' Section 1. Baste Safety Plan Considerations
2-1. OVERVIEW. 2-2. SAFETY PLAN CHECKLIST.
' Airport operators should coordinate safety Issues with the To the extent applicable,the safety plan should address
air carriers,FAA Airway Facilities,and other airport the following:
tenants before the design phase of the project. The airport
operator should identify project safety concerns, a. Scope of work to be performed,including
requirements,and impacts before making arrangements proposed duration of work.
with contractors and other personnel to perform work on
an airport. These safety concerns will serve as the b. Runway and taxiway marking and lighting.
' foundation for the construction safety plan and help
maintain a high level of aviation safety during the project. c. Procedures for protecting all runway and taxiway
The airport operator should determine the level of safety areas,obstacle-free zones(OFZs),object-free areas
complexity of the safety plan that is necessary for each (OFAs),and threshold citing criteria outlined in AC
construction project and Its phases. The safety plan may 150/5300.13,Airport Design,and as described in this AC.
be detailed in the specifications included in the invitation This includes limitations on equipment height and
for bids,or the Invitation for bid may specify that the stockpiled material.
contractor develop the safety plan and the airport operator
approve iL In the latter case,the invitation for bid should d. Areas and operations affected by the
contain sufficient information to allow the contractor to construction activity,including possible safety problems.
' develop and determine the costs associated with the safety
plan. In either case,safety plan costs should be e. NAVAiDs that could be affected,especially
Incorporated into the total cost of the project. The airport critical area boundaries.
operator has final approval authority and responsibility
for all safety plans. L Methods of separating vehicle and pedestrian
construction traffic from the airport movement areas.
Coordination will vary from formal predesign conferences This may include fencing off construction areas to keep
to Informal contacts throughout the duration of the equipment operators in restricted areas in which they are
construction project authorized to operate. Fencing,or some other form of
Details of a specified safety plan,or requirements for a restrictive barrier,is an operational necessity In some
contractor-developed safely plan,should be discussed at cases.
the predesign and preconstruction conferences and should
include the following,as appropriate: Z. Procedures and equipment,such as barricades
(identify type),to delineate closed construction areas from
a. Actions necessary before starting construction, the airport operational areas,as necessary.
' including defining and assigning responsibilities, b. Limitations on construction.
b. Basic responsibilities and procedures for
disseminating instructions about airport procedures to the I. Required compliance of contractor personnel
' contractor's personnel. with all airport safety and security measures,
c. Means of separating construction areas from J. Location of stockpiled construction materials,
aeronautical-use areas, construction site parking,and access and haul roads.
' d. Navigaational aid(NAVAID)requirements and w Radio communications.
weather.
I. Vehicle identification.
' e. Marking and lighting plan illustrations, o. Trenches and excavations and cover
E Methods of coordinating significant changes in requirements.
' airport operations with all the appropriate parties,
3
1
AC 15015370.2E 1/17103 '
a. Procedures for notifying ARFF personnel if w. Procedures for contacting responsible '
water lines or lire hydrants must be deactivated or if representatives/points of contact for all involved parties. •
emergency access routes must be rerouted or blocked. This should Include off-duty contact Information so an
Immediate response may be coordinated to correct any ,
o. Emergency notification procedures for medical construction-related activity that could adversely affect
and police response, the operational safety of the airport. Particular care
should be taken to ensure that appropriate Airways
p. Use of temporary visual aids. Facilities personnel are Identified in the event that an '
unanticipated utility outage or cable cut occurs that
q. Wildlife management. Impacts FAA NAVAiDs.
r. Foreign object debris(FOD)control provisions. s. Vehicle operator training. ,
s. Hazardous materials(HAZMAT)management. y. Penalty provisions for noncompliance with
airport rules and regulations and the safety plan(e.g.,if a ,
t. NOTAM issuance. vehicle is Involved in a runway incursion).
■. Inspection requirements. s. Any special conditions that affect the operation
of the airport and will require a portion of the safety plan ,
v. Procedures for locating and protecting existing to be activated(e.g.,low-visibility operations,snow
underground utilities,cables,wires,pipelines,and other removal).
underground facilities in excavation areas.
Section 2. Safety and Securlty Manures ,
2.3. OVERVIEW. 2.4. VEHICLE OPERATION AND MARKING '
AND PEDESTRIAN CONTROL.
Airport operators am a responsible for closely monitoring
tenant and construction contractor activity during the Vehicle and pedestrian access routes for airport
construction project to ensure continua(compliance with construction projects must be controlled to prevent
all safety and security requirements. Airports subject to inadvertent or unauthorized entry of persons,vehicles,or
49 CFR part 1542,Airport Security,must meet standards animals onto the AOA. This includes aircraft movement
for access control,movement of ground vehicles,and and nonmovemcnt areas. The airport operator should
Identification of construction contractor and tenant develop and coordinate a construction vehicle plan with '
personnel. in addition,airport operators should use safety airport tenants,contractors,and the ATCT. The safely
program standards,as described in Chapter 3 of this AC, plan or invitation for bid should include specific vehicle
to develop specific safety measures to which tenants and and pedestrian requirements. '
construction contractors must adhere throughout the
duration of construction activities. The vehicle plan should contain the following items:
General safety provisions are contained In AC a. Airport operator's rules and regulations for
150/5370.10,Standardsfor Specifying Construction of vehicle marking,lighting,and operation. '
Airports,paragraphs 40-05,"Maintenance of Traffic";
70.08,"Barricades,Warning Signs,and Hazard b. Requirements for marking and identifying
Markings";and 80-04,"Limitation of Operations."Al any vehicles in accordance with AC 150/5210.5,Painting, ,
time during construction,aircraft operations,weather, Marking,and Lighting of Vehicles Used on an Airport.
security,or local airport rules may dictate more stringent c. Description of proper vehicle operations on
safety measures. The airport operator should ensure that movement and nonmovement areas under normal,lost
both general and specific safety requirements are communications,and emergency conditions. '
coordinated with airport tenants and'ATCT personnel.
The airport operator should also Include these parties In d. Penalties for noncompliance with driving rules
the coordination of all bid documents,construction plans, and regulations.
and speclfications for on-airport construction projects. e. Training requirements for vehicle drivers to '
ensure compliance with the airport operator's vehicle
rules and regulations.
f. Provisions for radio communication training for ,
construction contractor personnel engaged in construction •
activities around aircraft movement areas. Some drivers,
4 '
1117/03 AC 15015370.2E
such as construction drivers under escort,may not require area observe the proper procedures for communications,
• this training including using appropriate radio frequencies at airports
Z. Escort procedures for construction vehicles with and without ATCTs. Training of contractors on
' requiring access to aircraft movement areas. A vehicle in Proper communication procedures Is essential for
the movement area must have a working aviation-band, maintaining airport operational safety. When operating
two-way radio unless It Is under escort. Vehicles can be vehicles on or near open must understand st taxiways,
in closed area without a radio if the closed area is construction importance personnel must understand the critical
properly marked and lighted to prevent incursions and a importance of maintaining radio contact with Advisory
NOTAM regarding the closure is issued. operations,ATCT, a the Common Traffic Advisory
Frequency,which may include IINiCOM,MULTICOM,
b. Monitoring procedures to ensure that vehicle or one of the FAA Flight Service Stations(FSS),as
' drivers are in compliance with the construction vehicle directed by airport management.
plan. Vehicular traffic crossing active movement areas must be
L Procedures for,If appropriate,personnel to controlled either by two-way radio with the ATCT,escort,
' control access through gates and fencing or across aircraft flagman,signal light,or other means appropriate for the
movement areas. particular airport. Vehicle drivers must confirm by
personal observation that no aircraft is approaching their
2-5. CONSTRUCTION EMPLOYEE PARKING position when given clearance to cross a runway. in
I AREA& addition,It is the responsibility of the escort vehicle driver
to verify the movement/position of all escorted vehicles at
Designate In advance vehicle parking areas for contractor any given time.
' employees to prevent any unauthorized entry of persons Even though radio communication is maintained,escort
or vehicles onto the airport movement area. These areas vehicle drivers must also familiarize themselves with
should provide reasonable contractor employee access to ATCT light gun signals in the event of radio failure(see
the job site. the FAA safety placard"Ground Vehicle Guide to Airport
2.6. CONSTRUCTION VEHICLE EQUIPMENT Signs and Markings This safely placard maybe
PARKING. ordered through lire Runway Safety Program Web site at
Yttp:/Iwww.funp.org or obtained from the Regional
N Construction employees must park and service all Airports Division Office.
construction vehicles in an area designated by the airport 24. FENCING AND GATES.
operator outside the runway safety areas and OFZs and
never on a closed taxiway or runway. Employees should Airport operators and contractors must take care to
also park construction vehicles outside the OFA when not maintain a high level of safety and security during
In use by construction personnel(e.g.,overnight,on construction when access points are created in the security
weekends,or during other periods when construction is fencing to permit the passage of construction vehicles or
not active). Parking areas must not obstruct the clear line personnel. Temporary gates should be equipped to they
of sight by the ATCT to any taxiways or runways under can be securely closed and locked to prevent access by
air traffic control nor obstruct any runway visual aids, animals and people(especially minors), Procedures
signs,or navigational aide. The FAA must also study should be in place to ensure that only authorized persons
' those areas to determine effects on 14 CFR part 77, and vehicles have access to the AGA and to prohibit
Objects Affecting Navigable Airspace,surfaces(see "piggybacking"behind another person or vehicle. The
paragraph 2-13 for further information). Department of Transportation(DOT)document
2.7. RADIO COMMUNICATION TRAINING. DOT/FAA/AR-00/52,Recommended Security Guidelines
for Airport Planning and Construction,provides more
The airport operator must ensure that tenant and specific Information on fencing. A copy of this document
To P can be obtained from the Airport Consultants Council,
construction contractor personnel engaged in activities Airports Council International,or American Association
' involving unescorted operation on aircraft movement of Airport Executives.
Section 3.Notification of Construction ActivNias
2.9. GENERAL. plan should contain the notification actions described
below,
' In order to maintain the desired levels of operational
safety on airports during concoction activities,the safety
1•
6
AC 16016370.2E 1/17103 '
2-10. ENSURING PROMPT NOTIFICATIONS. Deactivation of Airports,requires that the airport operator '
notify the FAA in writing whenever a non-Federally •
The airport operator should establish and follow funded project involves the construction of a new airport;
procedures for the immediate notiflcatlon of airport users the construction,realigning,altering,activating,or '
and the FAA of any conditions adversely affecting the abandoning of runway,landing strip,or associated
operational safety of an airport. taxiway;or the deactivation or abandoning of an entire
airport. Notification involves submitting FAA Form
2-i1. NOTICES TO AIRMEN(NOTAMS). 7480.1,Notice of Landing Area Proposal,to the nearest '
FAA Regional Airports Division Office or Airports
The airport operator must provide information on closed District Office.
or hazardous conditions on airport movement areas to the Also,any person proposing any kind of construction or
FSS so it can Issue a NOTAM. The airport operator must alteration of objects that afrect navigable airspace,as '
coordinate the issuance,maintenance,and cancellation of defined in 14 CFR part 77 must notify the FAA. This
NOTAMs about airport conditions resulting from includes construction equipment and proposed parking
construction activities with tenants and the local air traffic areas for this equipment(i.e.,cranes,graders,etc.). FAA
facility(control tower,approach control,or air traffic Form 7460-1,Notice of Proposed Construction or '
control center. Refer to AC 130/5200.28,Notkes to Alteration,can be used for this purpose and submitted to
Airmen(NOTAMs)for Airport Operators,and Appendix the FAA Regional Airports Division Officc or Airports
4 in this AC for a sample NOTAM form. Only the FAA District Office. (See AC 70/7460.2,Proposed ,
may issue or cancel NOTAMs on shutdown or irregular Construction or Alteration ofObJects that MayAJfect the
operation of FAA-owned facilities. Only the airport Navigable Airspace.)
operator or an authorized representative may issue or
cancel NOTAMs on airport conditions. (The airport If construction operations require a shutdown of an airport '
owner/operator is the only entity that can close or open a owned NAVAID from service for more than 24 hours or
runway.) The airport operator must file and maintain this in excess of 4 hours daily on consecutive days,we
list of authorized representatives with the FSS. Any recommend a 45-day minimum notice prior to facility
person having reason to believe that a NOTAM is shutdown. Coordinate work for a FAA owned NAVAID ,
missing,Incomplete,or inaccurate must notify the airport shutdown with the local FAA Airways Facilities Office.
operator. In addition,procedures that address unanticipated utility
outages and cable cuts that could impact FAA NAVAiDs
2-12. AIRCRAFT RESCUE AND FIRE must be addressed.
FIGHTING(ARFF)NOTIFICATION.
2.14. WORK SCHEDULING AND
The safety plan must provide procedures for notifying ACCOMPLISHMENT. '
ARFF personnel,mutual aid providers,and other
emergency services If construction requires shutting off or Airport operators—or tenants having construction on their
otherwise disrupting any water line or fire hydrant on the leased properties—should use predeaign,prebld,and
airport or adjoining areas and if contractors work with preconstroction conferences to introduce the subject of ,
hazardous material on the alrtield. Notification airport operational safety during construction(see AC
procedures must also be developed for notifying ARFF 150/5300-9,Predesign,Prebld,and Preconstruction
and all other emergency personnel when the work CopferencesforAinport Grant Projects). The airport
performed will close or affect any emergency routes. operator,tenants,and construction contractors should ,
Likewise,the procedures must address appropriate integrate operational safety requirements Into their
notilicallons when services are restored. planning and work schedules as early as practical.
Operational safety should be a standing agenda item for ,
2-13. NOTIFICATION TO THE FAA. discussion during progress meetings throughout the
project. The contractor and airport operator should carry
For certain airport projects, 14 CFR part 77 requires out onsite inspections throughout the project and
notification to the FAA. In addition to applications made immediately remedy any deficiencies,whether caused by ,
for Federally funded construction, 14 CFR part 157, negligence,oversight,or project scope change.
Notice of Construction,Alteration,Activation,and
8 '
1117/03 AC 16016370.2E
'• CHAPTER 3. SAFETY STANDARDS AND GUIDELINES
' Seetion 1. Runway and Taxiway Sal*Areas,Obstecie•Fm Zones,and Object-Free Areas
3-1. OVERVIEW. In addition,all personnel,materials,and/or equipment
' must remain clear of the applicable threshold siting
Airport operators must use these safety guidelines when surfaces,as defined In Appendix 2,"Threshold Siting
preparing plans and specifications for construction Requirements,"of AC ISM300.13.i Consult with the
activities in areas that may interfere with aircraft appropriate FAA Regional Airports Division Office or
' operations. The safety plan should recognize and address Airports District Office to determine the appropriate
these standards for each airport construction project. approach surface required.
However,the safety plan must reflect the specific needs
of a particular project,and for this reason,these safety (2) Personnel,material,and/or equipment
' guidelines should not be incorporated verbatim into must not penetrate the OFZ,as defined in AC 150/5300
13.
project specifications. For additional guidance on
meeting safety and security requirements,refer to the (3) The safety plan must provide procedures
planning guide template Included in Appendix 3 of this for ensuring adequate distance for blast protection,if
AC. required by operational considerations.
J•2. RUNWAY SAFETY AREA(i15A)/ (4) The airport operator must coordinate
' OBSTACLE-FREE ZONE(OFZ). ACC nand t e activity
FAA in this portion rtlhe RSA with the
ATCT and the FAA Regional Airports Division Office or
A runway eatery area is the dented surface surrounding appropriate Airports District Office and issue a local
the runway prepared or suitable for reducing the risk of NOTAM.
' damage to airplanes in the event of an undershoot, c. Excavations.
overshoot,or excursion from the runway(see AC
15015300-13,Airport Design). Constriction activities (1) Construction contractors mast
within the standard RSA are subject to the following prominently mark open trenches and excavations at the
N conditions: COnsWo site with red orange flags as approved by
the airport rt operator,and light them with red lights during
a. Raceway edges. hours of restricted visibility or darkness.
' (1) No construction may occur closer than (2) Open trenches or excavations are not
200 feet(60m)from the runway centerline unless the permitted within 200 feet(60m)of the runway centerline
runway is closed or restricted to aircraft operations, and at least the existing RSA distance from the runway
requiring an RSA that Is equal to the RSA width available threshold while the runway Is open. If the runway must
during construction,or 400 fat,whichever is less(see be opened before excavations are backfilled,cover the
AC 150/5300-13,Tables 3-1 through 3-3). excavations appropriately. Coverings for open trenches
(2) Personnel,material,and/or equipment or excavations must be of sufficient strength to support
must not penetrate the OFZ,as defined in AC 150/5300. the weight of the heaviest aircraft operating on the
' 13. runway.
(3) The airport operator must coordinate the 3.3. TAXIWAY SAFETY AREAS/OBJECT-
construction activity in the RSA as permitted above with FREE AREAS.
the ATCT and the FAA Regional Airports Division
Office or appropriate Airports District Office and issue a a. Unrestricted construction activity Is permissible
local NOTAM. adjacent to taxiways when the taxiway is restricted to
' b. Raceway each. aircraft such that the available taxiway safety area is equal
(1) An RSA must be maintained of such
dimensions that it extends beyond the end of the runway a 'If a NII safety area cannot be obtained through declared
' distance equal to that which existed before construction distances and partial closures,or other methods such as alternate
activity,unless the runway is closed or restricted to runway use,construction activity may operate in the RSA as
aircraft operations for which the reduced RSA Is adequate long as conditions cited in pmgraph 3-lb(2)thru(4)at met.In
(see AC 150/5300.13). The temporary use of declared addition,various surfaces outlined in AC 15015300-13 and
' distances and/or partial runway closures may help provide Terminal Instrument Procedures(TGRPS)must be protected
the necessary RSA. through an aeronautical study.
7
AC 16015370-2E 1/17103 ,
to at least%of the widest wingspan of the aircraft main landing gear at the edge ofthe pavement),then it '
expected to use the taxiway and the available taxiway will be necessary to move personnel and equipment for •
object-free area Is equal to at least.7 times the widest each passing aircraft. in these situations,flag persons will
wingspan plus 10 feet. (See AC 150/5300.13 for be used to direct construction equipment,and wing ,
guidance on taxiway safety and object-free areas.) walkers may be necessary to guide aircrall. Wing walkers
Construction activity maybe accomplished closer to a should be alrline/aviation personnel rather than
taxiway,subject to the following restrictions: construction workers.
(1) The activity is first coordinated with the b. Construction contractors must prominently mark '
airport operator open trenches and excavations at the construction site,as
approved by the airport operator,and light them with red
(2) Appropriate NOTAMs arc Issued, lights during hours of restricted visibility or darkness ,
(3) Marking and lighting meeting the c. Excavations and open trenches may be permitted
provisions of paragraph 3.9 are Implemented. up to the edge of a structural taxiway and apron pavement
(4) Adequate clearance is maintained between provided the dropoff is marked and lighted per paragraph ,
"Hazard Marking and Lighting
equipment and materials and any part of an aircraft. If 3.9,
such clearance can only be maintained If an aircraft does
not have full use of the entire taxiway width(with its
Section 2. Temporary Runway Thresholds ,
34. OVERVIEW. such a displacement may also require an adjustment in the ,
landing distance available and accelerate-stop distance
Construction activity in a runway approach area may available In the opposite direction. If project scope
result In the need to partially close a runway or displace includes personnel,equipment,excavation,etc.within the
the existing runway threshold. In either case,locate the RSA of any usable runway end,we do not recommend a '
threshold in accordance with Appendix 2 of AC displaced threshold unless arrivals and departures toward
15015300-13,Alrpaq Design. Objects that do not the construction activity we prohibited. Instead,
penetrate these surfaces may still be obstructions to air implement a partial closure.
navigation and may affect standard instrument approach
procedures. Coordinate these objects with the FAA's 3.5. MARKING GUIDELINES FOR
Regional Airports Office or appropriate Airports District TEMPORARY THRESHOLD.
Office,as necessary. Refer to the current edition of AC ,
15015300.13 for guidance on threshold siting Ensure that markings for temporary displaced thresholds
requirements. The partial runway closure,the are clearly visible to pilots approaching the airport to
displacement of the runway threshold,as well as closures land. When construction personnel and equipment arc
of the complete runway and other portions of the located close to any threshold,a temporary visual '
movement area also requires coordination with NAVAID,such as runway end identifier lights(REiL),
appropriate ATCT personnel and airport users. may be required(even on unlighted runways)to define
Gallon regarding partial runway closures: When the new beginning of the runway clearly. A visual
filing a NOTAM for a partial runway closure,clearly state vertical guidance device,such as a visual approach slope '
to FSS personnel that the portion of pavement located indicator(VAST),pulse light approach slope indicator
prior to the threshold is not available for landing and (FLASI),or precision approach path indicator(PAPI),
departing traffic. in this case,the threshold has been may be necessary to assure landing clearance over
moved for both landing and takeoff purposes(this Is personnel,vehicles,equipment,and/or above-grade ,
different than a displaced threshold), stockpiled materials. if such devices are installed,ensure
an appropriate descriptive NOTAM is Issued to Inform
Example NOTAM:"North 1,000 feet of Runway 18136 is pilots of these conditions. The current edition of AC '
closed;7,000 feet remain available on Runway 18 and 150/5340.1•Standards for Airport Markings,describes
Runway 36 for arrivals and departures."There may be standard marking colors and layouts, in addition,we
situations where the portion of closed runway Is available recommend that a temporary runway threshold be marked
for taxiing only. If so,the NOTAM must reflect this using the following guidelines: ,
condition.
Castiou regarding displaced thresholds: a. Airport markings must be clearly visible to
Implementation of a displaced threshold affects runway pilots;not misleading,confusing,or deceptive;secured in
length available for aircraft landing over the place to prevent movement by prop wash,jet blast,wing ,
displacement. Depending on the reason for the vortices,or other wind currents;and constructed of
displacement(to provide obstruction clearance or RSA), •
6
1/17103 AC 150/6370.2E
materials that would minimize damage to an aircraft In 3.6. LIGHTING GUIDELINES FOR
• the event of inadvertent contact. TEMPORARY THRESHOLD.
(1) Pavement markings for temporary closed A temporary runway threshold must be lighted Ifthc
' portions of the runway should consist of yellow chevrons runway is lighted and it Is the Intended threshold for night
to identify pavement areas that are unsuitable for landings or instrument meteorological conditions. We
takeofT/landing(see AC 150/5340.1). If unable to point recommend that temporary threshold lights and related
the markings on the pavement,construct them from any visual NAVAfDs be installed outboard oflhc edges of the
of the following materials:double-layered painted snow full-strength pavement with bases at grade level or as low
fence,colored plastic,painted sheets of plywood or as possible,but not to cxeccd 3 inches(7.6cm)above
similar materials. They must be properly configured and
secured to prevent movement by prop wash,Jet blast,or ground. When any portion of a base is above grade,piece
' other wind currents. properly compacted fill around the base to minimize the
rate of gradient change so aircraft can,in an emergency,
(2) It may be necessary to remove or cover cross at normal landing or takeoff speeds without
runway markings,such as runway designation markings Incurring significant damage(see AC 150/5370-10). We
and aiming point markings,depending on the length of recommend that the following be observed when using
construction and type of activity at the airport. temporary runway threshold lighting:
' (3) When threshold markings are needed to a. Maintain threshold and edge lighting color and
identify the temporary beginning of the runway that is
available for landing,use a white threshold bar of the spacing standards a,described ht AC 150/5340-24,
dimensions specified in AC 150/5340.1. Runway and Tedisol Edge portable l System.
Battery-powered,solar,or portable lights that anal the
' (4) If temporary outboard elevated or flush criteria in AC 15013345.30,Spec(fleallonjor Portable
threshold bars ate used,locate them outside of the runway Runway Lights,may be used. These systems are intended
pavement surface,one on each aide of the runway. They primarily for visual flight rules(VFR)aircraft operation
should be at least 10 feet(3m)in width and extend but may be used for Instrument flight rules(IFR)aircraft
outboard from each side of the runway so they are clearly operations,upon individual approval from the Flight
visible to landing and departing aircraft. These threshold Standards Division of the applicable FAA Regional
bars are white. If the white threshold bans are not Office.
discernable on grass or snow,apply a black background
with appropriate material over the ground to ensure the D, When the runway has been partially closed,
markings are clearly visible, disconnect edge and threshold lights with associated
(5) A temporary threshold may also be isolation transformers on that pan of the runway at and
' marked with the use of retroreflective,elevated markers. behind the threshold(i.e.,the portion of the runway that is
One side of such markers is green to denote the approach closed). Alternately,cover the light fixture In such a way
end of the runway;the side the/Is seen by pilots on as to prevent light leakage. Avoid removing the lamp
rollout is red. See AC 150/5343.39,FAA Specification L.
from energized fixtures because an excessive number of
853, Runway and Tadlway Rerrorejlective Markers, Isolation transformers with open secondaries may damage
the regulators and/or increase the current above its normal
(6) At 14 CFR part 139 certificated airports, value.
temporary elevated threshold markers must be mounted
with a frangible fining(see 14 CFR part 139.309). c. Secure,identify,and place any temporary
However,at noncenificated airports,the temporary exposed wiring in conduit to prevent electrocution and
elevated threshold markings may either be mounted with fire Ignition sources.
a frangible fitting or be flexible. See AC 150/5345.39.
d, Reconflgurc yellow lenses(caution zone),as
6. The application rate of the point to mark a short• necessary, tithe runway has centerline lights,reconfigure
term temporary runway threshold may deviate from the the red lenses,as necessary,or place the centerline lights
' standard(ace Item P-620,"Runway and Taxiway out ofservice.
Painting,"In AC 150/5370.10,Standardsjor Spec(fying
Construction ojAirpals),but The dimensions must meet t, Relocate the visual glide slope indicator(VLSI),
the existing standards,unless coordinated with the such as VASI and PAPI;other airport lights,such as
' appropriate offices, REIL;and approach lights to Identify the temporary
threshold. Another option Is to disable the VGSI or any
a When a runway is partially closed,the distance equipment that would give misleading indications to
retraining signs for aircraft landing in the opposite pilots as to the new threshold location. Installation of
' direction should he covered or removed during the temporary visual aids may be necessary to provide
construction. adequate guidance to pilots on approach to the affected
• runway, If the FAA owns and operates the VGSI,
9
AC 16016370-2E 1/17103 ,
coordinate its installation or disabling with the local f. Issue a NOTAM to Inform pilots of temporary '
Airway Facilities Systems Management Office. lighting conditions. •
Section 3. Other Construction Marking and Lighting Activities ,
3-7. OVERVIEW. b. Temporarily closed runway mad taxiways.
For runways that have been temporarily closed,place an ,
Ensure that construction s areas,including closed are aye, "X"at the each end of the runway. With taxiways,place
are clearly end visibly separated from movement areas an"X"at the entrance of the closed taxiway.
and that hazards,facilities,cables,and power lines are
Identified prominently for construction contractors. e. Temporarily dosed airport. ,
Throughout the duration of the construction project,
verity that these areas remain clearly marked and visible When the airport is closed temporarily,mark the runways
at all times and that marking and lighting aids remain in W closed the
and turn off the airport beacom
plea and operational. Routine Inspections must be made '
of temporary construction lighting,especially battery-
powered Permanently closed airports
lighting since weather conditions can limit
battery life. When the airport Is closed permanently,mark the
34. CLOSED RUNWAY AND TAXIWAY runways as permanently closed,disconnect the airport ,
MARKING AND LIGHTING. beacon,and place an"X"in the segmented circle or at a
antral location if no segmented circle exists.
Closed runway markings consist of a yellow"X"in J-9. HAZARD MARKING AND LIGHTING,
compliance with the standards of AC 15015340-1,
StandardsjorAirport Markings. A very effective and
preferable visual aid to depict temporary closure is the Provide prominent, comprehensible warning Indicators
lighted"X"signal plead on or near the runway for any area affected by construction that is normally '
designation numbers. This device is much more accessible to aircraft, personnel, or vehicles. Using
discernible to approaching aircraft than the other appropriate hazard marking and lighting may prevent
materials described. If the lighted"X"is not available, damage, injury, tragic delays, and/or facility closures.
construct the marking crony of the following materials: Hazard marking and lighting must restrict access and
double-layered painted snow fence,colored plastic, make specific hazards obvious to pilots, vehicle drivers,
painted sheets of plywood,or similar materials. They and other personnel. Barricades, traffic cones(weighted
must be properly configured and secured to prevent or sturdily attached to the surface), or Bashers are ,
movement by prop wash,jet blast,or other wind currents. acceptable methods used to identify and dente the limits
In addition,the airport operator may install barricades, of construction and hazardous areas on airports.
traffic cones,activate stop bars,or other acceptable visual Provide temporary hazard marking and lighting to prevent
devices at major entrances to the runways to prevent aircraft from taxiing onto a closed runway for takeoff and '
aircraft from entering a closed portion of runway. The to identify open manholes, small areas under repair,
placement of even a single reflective barricade with a"do stockpiled material, and waste areas. Also consider less
not enter"sign on a taxiway centerline can prevent an obvious construction-related hazards and include '
aircraft from continuing onto a closed runway. If the markings to identify FAA,airport, and National Weather
taxiway must remain open for aircraft crossings, Service facilities cables and power lines; instrument
barricades or markings,as described above or in landing system (ILS)critical areas; airport surfaces, such
paragraph 3.9,should be placed on the runway. as RSA,OFA,and OFZ;and other sensitive areas to make '
It easier for contractor personnel to avoid these areas,
a. Permanently cloud runways. The construction specifications must Include a provision
For runways and taxiways that have been permanently requiring the contractor to have a person on call 24 hours '
closed,disconnect the lighting circuits. For runways, a day for emergency maintenance ofairport hazard
obliterate the threshold marking,runway designation lighting and barricades. The contractor must file the
marking,and touchdown zone markings,and place"X's"at contact person's information with the airport.
each end and at 1,000-foot(300-m)intervals. For taxiways, '
plea an"X"at the entrance of the closed taxiway, a. Norooveseent areas.
Indicate construction locations on nonmovement areas in
which no pan of an airemit may enter by using barricades ,
that arc marked with diagonal,alternating orange and white
stripes. Barricades may be supplemented with alternating •
10 ,
1117103 AC 15015370.2E
orange and white flags at least 20 by 20 Inches(50 by 50 to movement and parking of equipment that may Interfere
• cm)square and made and installed so they arc always in an with line of sight from the ATCT or with electronic
extended position,properly oriented,and securely fastened emissions. Interference from construction may require
to 01minateJet engine ingestion. Such barricades may be NAVAID shutdown or adjustment of Instrument approach
many different shapes and made from various materials, minimums for iFR. This condition requires that a
including railroad ties,sawhorses,jersey barriers,or NOTAM be filed. Construction activities and
barrels. During reduced visibility or night hours, materials/equipment storage near a NAVAID may also
' supplement the barricades with red lights,either flashing or obstruct access to the equipment and Instruments for
steady-burning,which should meet the luminance maintenance. Before commencing construction activity,
requirements of the State Highway Department(yellow parking vehicles,or storing construction equipment and
lights are not acceptable after October 1,2004). The materials near a NAVAID,consult with the nearest FAA
' intensity of the lights and spacing for barricade flags and Airway Facilities OfEce.
lights must adequately and without ambiguity delineate the
hazardous area. 3-11. CONSTRUCTION SITE ACCESS AND
HAUL ROADS.
b. Movessest areas.
Use orange traffic cones; red lights, either flashing or Determine the construction contractor's access to the
steady-burning, which should meet the luminance construction sites and haul roads. Do not permit the
requirements of the State Highway Department (yellow construction contractor to use any access or haul roads
lights arc not acceptable after October 1, 2004); other than those approved. Construction contractors must
collapsible barricades marked with diagonal, alternating submit specific proposed routes associated with
orange and while stripes; and/or signs to separate all construction activities to the airport operator for
' constructionlmaimenance areas from the movement area. evaluation and approval as part of the safety plan before
All barricades, temporary markets, and other objects beginning construction activities. These proposed routes
placed and left in safety areas associated with any open must also provide specifications to prevent inadvertent
runway,taxiway,or taxllene must be as low as possible to entry to movement areas. Pay special attention to ensure
that
the ground; of low mass; easily collapsible upon contact Impeded right of way on access end haul roads
with an aircraft or any of Its components;and weighted or impeded at any time end that construction traffic o n haul
o not
sturdily attached to the surface to prevent displacement roads does not interfere with NAVAIDs or approach
N from prop wash,jet blast, wing vortex, or other surface surfaces of operational runways.
wind currents. If affixed to the surface, they must be 3.12. CONSTRUCTION MATERIAL
frangible at grade level or as low as possible, but not to
exceed 3 inches (7.6cm) above the ground. Do not use STOCKPILING.
nonfrangible hazard markings, such as concrete bafflers
and/or metal-drum-type barricades, in aircraft movement Stockpiled materials and equipment storage ate not
areas. Do not use railroad ties on runways. permitted within the RSA and OFZ of on operational
runway. The airport operator must ensure that stockpiled
' Use highly reflective barriers with flashing or steady- materials and equipment adjacent to these arras are
burning red lights to barricade taxiways leading to closed prominently marked and lighted during hours of restricted
runways. Evaluate all operating factors when determining visibility or darkness. This includes determining and
how to mark temporary closures that can last from 10 to verifying that materials are stored at an approved location
15 minutes to a much longer period of time. However, to prevent foreign object damage and attraction of wildlife.
we strongly recommend that, even for closures of
relatively short duration, major taxiway/runway 3.13. OTHER LIMITATIONS ON
' Intersections be identified with barricades spaced no CONSTRUCTION.
greater than 20 feet(6m)apart. Mark the barricades with
a flashing or steady-burning red light. At a minimum,use Contractors may not use open-flame welding or torches
a single barricade placed on the taxiway centerline, unless adequate fire safety precautions are provided and
' the airport operator has approved their use. Under no
3-10. CONSTRUCTION NEAR NAVIGATIONAL circumstances should flare pots be used within the AOA
AIDS(NAVAIDS). at any time. The use of electrical blasting caps must not
be permitted on or within 1,000 feet(300m)of the airport
' Construction activities,materials/equipment storage,and property(see AC 150/5370.10,Standards jar Specifying
vehicle parking near electronic NAVAiDs require special Construction ojAirportr).
consideration since they may Interfere with signals
essential to air navigation. Evaluate the effect of
concoction activity and the required distance and
direction from the NAVAID for each construction project.
• Pay particular attention to stockpiling material,as well as
11 .
AC 16016370.2E 1/17103 '
3.11. FOREIGN OBJECT DEBRIS(FOD) not leave or place FOD on or near active aircraft ,
MANAGEMENT. movement areas. Materials tracked onto these areas must •
be continuously removed during the construction project.
Waste and loose materials,commonly referred to as FOD, We also recommend that airport operators and ,
are capable of causing damage to aircraft landing gears, construction contractors carefully control and
propellers,and jet engines. Construction contractors must continuously remove waste or loose materials that might
attract wildlife.
Section 1. Safety Hazards and Impacts '
3-15. OVERVIEW. sand,mud,paving materials,etc.)on airport pavements 1
may result in aircraft propeller,turbine engine,or ure
The situations Identified below are potentially hazardous damage. Also,loose materials may blow about,
conditions that may occur during airport construction potentially causing personal Injury or equipment damage.
projects. Safety area encroachments,unauthorized and '
Improper ground vehicle operations,and unmarked or 1. Inappropriate or poorly maintained fencing
uncovered holes and trenches near aircraft operating during construction intended to deter human and animal
surfaces pose the most prevalent threats to airport Intrusions into the AOA. Fencing and other markings that
operational safety during airport construction projects. are inadequate to separate construction areas from open ,
Airport operators and contractors should consider the AOAs create aviation hazards.
following when performing inspections ofconstnuction
activity: J. Improper or Inadequate marking or lighting of
runways(especially thresholds that have been displaced ,
a. Excavation adjacent to runways,taxiways,and or runways that have been closed)and taxiways that could
aprons. cause pilot confusion and provide a potential for a runway
incursion. Inadequate or Improper methods of marking, '
b. Mounds of earth,construction materials, barricading,and lighting of temporarily closed portions of
temporary structures,and other obstacles near any open AOAs create aviation hazards,
runway,taxiway,or taxilane;in the related object-free
area and aircraft approach or departure areas/zones;or k Wildlife attractants--such as trash(food scraps
obstructing any sign or marking. not collected from construction personnel activity),grass
c. Runway resurfacing projects resulting in lips seeds,or ponded wafer--on or near airports.
exceeding 3 inches(7.6cm)from pavement edges and
ends' L Obliterated or faded markings on active ,
operational areas.
d. Heavy equipment(stationary or mobile) m, Misleading or malfunctioning obstruction lights.
departure or idle near AOAs,in runway approaches and
departures areas,or in OFZs. Unlighted or unmarked obstructions in the approach to ,
any open runway pose aviation hazards,
e. Equipment or material near NAVAIDs that may n. Failure to issue,update,or cancel NOTAMs '
degrade or impair radiated signals and/or the monitoring about airport or runway closures or other
of navigational and visual aids. Unauthorized or constructton•rclatedairport conditions.
improper vehicle operations in locauizer or glide slope
critical areas,resulting in electronic interference and/or o. Failure to mark and identify utilities or power '
facility shutdown, cables, Damage to utilities and power cables during
construction activity can result in the loss of
f. Tall and especially relatively low-visibility units runway/taxiway lighting;loss of navigational,visual,or
(i.e.,equipment with slim proltles)--cranes,drills,and approach aids;disruption of weather reporting services; '
similar objects—located in critical areas,such as OFZs and/or toss of communications,
and approach zones. p. Restrictions on ARFF access from fire stations to
g. improperly positioned or malfunctioning lights the runway-taxiway system or airport buildings.
or unlighted airport hazards,such as holes or excavations, q, Lack of radio communications with construction '
on any apron,open taxiway,or open taxilane or in a vehicles in airport movement areas.
related safety,approach,or departure area.
b. Obstacles,loose pavement,trash,and other r. Objects,regardless of whether they an marked '
debris on or near AOAs. Construction debris(gravel, or flagged,or activities anywhere on or near an airport •
12
' 1/17/03 AC 1b015370.2E
'. that could be distracting,conliuing,or alarming to pilots v. Failure to provide for proper electrical lockout
during aircraft operations. and tagging procedures. At larger airports with multiple
maintenance shiftslworkers,construction contractors
L Water,snow,dirt,debris,or other contaminants should make provisions for coordinating work on circuits.
that temporarily obscure or derogate the visibility of
runway/taxiway marking,lighting,and pavement edges, w. Failure to control dust. Consider limiting the
Any condition or factor that obscures or diminishes the amount of Brea ttom which the contractor is allowed to
vlsibl Illy of area under construction, strip turf,
'. t Spillage from vehicles(gasoline,diesel fuel,ail, a. Exposed wiring that creates an electrocution or
etc.)on active pavement tress,such as runways, lire Ignition or but hazard. identity and anxmrc wiring and place
taxiways,ramps,and airport roadways. It in conduit or bury it.
' y. Site burning,which can cause possible
a. Failure to maintain drainage system Integrity obscurallon,
during construction(e,g.,no temporary drainage provided
when working on a drainage system), s Construction work taking place outside of
designated work areas and out of phase,
1
1•
13
1117103 AC 16016370.2E ,
APPENDIX 1. RELATED READING MATERIAL •'
1. Obtain the latest version of the following free h. AC 150/5340-18,Standards for Airport Sign ,
publications from the FAA on its Web site at Systems. Contains FAA standards for the siting and
btip://www.fam.gov/Mrp/. In addition,these ACs are installation of signs on airport runways and taxiways.
available by contacting the U.S.Department of ,
Transportation,Subsequent DisWbution Office,SVC- t. AC 150/5345-28,Precision Approach Path
121.23,Ardmore East Business Center,3341 Q 75th Indicator(PAPI)Systems. Contains the FAA standards
Avenue,Landover,MD 20785. for PAPI systems,which provide pilots with visual glide
slope guidance during approach for landing. '
a. AC 1 50/5200.28,Notices!o Airmen(NOTAM)
for Airport Operators. Provides guidance for the use of J. AC 150 15380-5,Debris Hazards at Civil
the NOTAM System in airport reporting. Airports, Discusses problems at airports,gives 1
Information on foreign objects,and explains how to
b. AC IS015200.30,Airport W/rater Safely and eliminate such objects from operational areas,
Operations. Provides guidance to airport
owners/oporetors on the development of an acceptable k. AC 70/7460-2,Proposed Construction or 1
airport snow and Ice control program and on appropriate Alteration of Objects that May Affect the Navigable
field condition reporting procedures, Airspace. Provides Information to persons proposing to
erect or alter an object that may affect navigable airspace
c. AC'150/5200.33,Hazardous Wildlife Attractants and explains the need to notify the FAA before ,
On or Near Airports. Provides guidance on locating construction begins and the FAA's response to those
certain land uses having the potential to attract hazardous notices,as required by 14 CFR part 77.
wildlife to public-use airports.
2. Obtain copies of the following publications from the '
d. AC 150/5210.5,Palnling,Afarking,and Lighting Superintendent of Documents,U.S.Government Printing
of Vehicles Used on an Airport. Provides guidance, Office,Washington,DC 20402. Send a check or money
specifications,and standards for painting,marking,and order made payable to the Superintendent of Documents
lighting vehicles operating in the airport air operations in the amount stated with your request. The Government
areas. Printing Office does not accept C.O.D.orders. In
addition,the FAA makes these ACs available at no charge
e. AC 150/5220.4,Water Supply Systems for on the Web site at Ytlp://www.foo.pv/srp/. 1
Airerg/i Fire and Rescue Protection. Provides guidance
for the selection of a water source and standards for the a. AC 15015300.13,Airport Design. Contains
design of a distribution system to support aircraft rescue FAA standards and recommendations for airport design,
and fire fighting service operations on airports, establishes approach visibility minimums as an airport ,
design parameter,and contains the object-free area and
L AC 15015340.1,Standardsfor Airpor!Alarkings. the obstacle free-zone criteria. ($26.Supt.Does.)
Contains FAA standards for markings used on airport SN050.007-01208-0,
runways,taxiways,and aprons. 1
b. AC 15015370.10,Standardsfor Specifying
If. AC 150/5340.14B,Economy Approach Lighting Construction ofAirporls. Provides standards for
Aids. Describes standards for the design,selection,siting, construction of airports. Items covered Include '
and maintenance of economy approach lighting aids, earthwork,drainage,paving,turfing,lighting,and
incidental construction. ($18.Supt.Does.) SNO50407-
0821.0.
A.1 1
1
' AC 16016370.2E 1117/03
,• APPENDIX 2. DEFINITIONS OF TERMS USED IN THE AC
1. AiR OPERATIONS AREA(AOA). Any area of S. OBJECT-FREE AREA(OFA). An area on the
the airport used or intended to be used for the landing, ground centered on the runway,taxiway,or taxilane
takeoff,or surface maneuvering of aircraft. An air centerline provided to enhance safety of aircraft
operations area includes such paved or unpaved arcs that operations by having the area Gee of objects except for
we used or intended to be used for the unobstructed those objects that need to be located in the OFA for air
movement of aircraft in addition to its associated navigation or aircraft ground maneuvering purposes(see
runways,taxiways,or aprons. AC 13013300-13,Airport Design, for additional guidance
2. CONSTRUCTION. The presence and movement of on OFA standards and wingtip clearance criteria).
construction-related personnel,equipment,and materials 9. OBSTACLE-FREE ZONE(OFZ). The airspace
In any location that could Infringe upon the movement of below 150 fat(45m)above the established airport
aircraft. elevation and along the runway and extended runway
3. CERTIFICATED AIRPORT, An airport that has centerline that is required to be clear of all objects,except
been Issued an Airport Operating Certificate by the FM for frangible visual NAVAIDa that need order be located in
under the authority of 14 CFR part 139,Certification and the OFZ because on for function,in order to provide
Operation:land Airports Serving Certain Air Carriers,or clearance protection fare approaches landing el taking off from
its subsequent revisions. the runway end for missed approaches(refer to AC
150/5300-13 for guidance on OFLe),
4. FAA FORM 7460-1,NOTICE OF PROPOSED 10. RUNWAY SAFETY AREA(RSA). A defined
CONSTRUCTION OR ALTERATION. The form surface surrounding the runway prepared or suitable for
submitted to the FM Regional Air Traffic or Airports reducing the risk of damage to airplanes in the event of an
Division Office as formal written notification of any kind undershoot,overshoot,or excursion from the runway,in
of construction aralteration ofobjcets that affect accordance with AC 15015300-13.
' navigable airspace,as defined In 14 CFR part 77,Objects
Affecting Navigable Airspace(sec AC 70/7460.2, 11. TAXIWAY SAFETY AREA. A de0ned surface
Proposed Construction or Alteration of Objects that May alongside the taxiway prepared or suitable for reducing
Affect the Navigable Airspace,found at the risk of damage to an airplane unintentionally
Nbttp://www.faa.tov/arp/). departing the taxiway,In accordance with AC 15015300.
S. FM FORM 7480.1,NOTICE OF LANDING 13.
AREA PROPOSAL. Form submitted to the FM 12. THRESHOLD. The beginning of that portion of the
Airports Regional Division Office or Airports District runway available for landing. In some Instances,the
Office as formal written notification whenever a project landing threshold may be displaced,
without an airport layout plan on file with the FM 1J. DISPLACED THRESHOLD. The portion of
Involves the construction It a new airport;the pavement behind a displaced threshold that may be
construction,realigning altering activating,or available for takeoffs in either direction or landing from
abandoning the runway,o nor a ands or of entire the opposite direction.
taxiway;or the deactivation or abandoning of en entire
airport(found at h#p://www.fae.gov/arp/). 14. VISUAL GLIDE SLOPE INDICATOR(VLSI).
6. MOVEMENT AREA. The runways,taxiways,and This device provides a visual glide slope indicator to
other areas of an airport that are used for taxiing or hover landing pilots. These systems Include precision approach
taxiing,air taxiing,takeoff,and landing of aircraft, path Indicators(PAPIs),visual approach slope indicators
exclusive of loading ramps and aircraft parking areas (VASIs),and pulse light approach slope indicators
(reference 14 CFR pan 139). (PLASis).
7. OBSTRUCTION. Any object/obstacle exceeding
the obstruction standards specl0ed by 14 CFR part 77,
subpart C,
1�
A-2
i
117103 AC 16016370.2E ,
APPENDIX 3. AIRPORT CONSTRUCTION SAFETY PLANNING GUIDE •1
Aviation Safety Requirements During Construction '
PURPOSE. This appendix provides airport operators Notice to Airmen(NOTAM)System)of proposed
with bolierplate format and language for developing a location,time,and date of commencement of
safety plan far an airport construction project. Adapt this construction. Upon completion of work and return of ali '
appendix,as applicable,to spec[llc conditions found on such areas to standard conditions,the contractor must,
the abl ort for which the plan is being developed through the airport operator,verify the cancellation of all
Consider including a copy of this safety plan in the notices issued via the NOTAM System. Throughout the ,
construction drawingsfor easy access by contractor duration of the construction project,the contractor must-
personnel. Plans should contain the following:
s. Be aware of and understand the safety problems
1. GENERAL SAFETY REQUIREMENTS. and hazards described in AC 150/5370-2,Operational
SgJety on Airports During Construction '
Throughout the construction project,the fallowing safety b. Conduct activities so as not to violate any safety
and operational practices should be observed: standards contained in AC 150/5370.2 or any of the
• Operational safety should be a standing agenda references therein. ,
Item during progress meetings throughout the
construction project. e. Inspect all construction and storage areas as
,
• The contractor and airport operator must perform often as necessary to be aware ofconditions.
onsite Inspections throughout the project,with d. Promptly take all actions necessary to prevent or
Immediate remedy ofa ly deficiencies,whether remedy any unsafe or potentially unsafe conditions as
caused'by negligence,oversight,or project scope soon as they are discovered. '
change.
• Airport runways and taxiways should remain in �• APPROACH CLEARANCE TO RUNWAYS.
use by aircraft to the maximum extent possible. Runway thresholds must provide an unobstructed
• Aircraft use of areas near the contractor's work approach surface over equipment and materials. (Refer to
should be controlled to minimize disturbance to Appendix 2 in AC 150/5300.13,Airport Design,for
the contractor's operation. guidance in this area) '
• Contractor,subcontractor,and supplier 4. RUNWAY AND TAXIWAY SAFETY AREA
employees or any unauthorized persons must be (RSA AND TSAI.
restricted from entering an airport area that
would be hazardous. Limit construction to outside of the approved RSA,as '
• Construction that is within the safety arcs of an shown on the approved airport layout plan--unless the
active runway,taxiway,or apron that is runway is closed or restricted to aircraft operations,
performed under normal operational conditions requiring a lesser standard RSA that is equal to the RSA ,
must be performed when the runway,taxiway,or available during construction(see AC 150/5370.2 for
apron Is closed or use-restricted and Initiated exceptions). Construction activity within the TSA is
only with prior permission from the airport permissible when the taxiway Is open to aircraft traffic If
Operator. adequate wingtip clearance exists between the aircraft and '
The contracting officer,airport operator,or other conditions are conspicuously h marked and lighted;r ;and
designated airport representative may order the local NOTAMs are in effect for the activity ee AC
contractor to suspend operations;move 150/5300-13 for wingtip clearance requirements). The ,
personnel,equipment,and matcrials to a safe NOTAM should stoic that,"personnel and equipment are
location;and stand by until aircraft use Is working adjacent to Taxiway"
completed.
2. a. Procedures for protecting runway edges.
F ACILITIES MAINTENANCE,CONSTRUCTION MAINTENANCE AND '
• Limit construction to no closer than 20O feet
F
(60m)from the runway centerlinNUntess '
Before beginning any construction activity,the contractor the runway is closed or restricted to aircraft
must,through the airport operator,give notice[using the operations,requiring a lesser standard RSA •
A-3 '
AC 16016370-2E 1117103
that is equal to the RSA available during . Coordinate construction activity with the
construction. Airport Traffic Control Tower(ATCT)and
• • Prevent personnel,material,and/or FAA Regional Airports Division Office or
equipment;as defined in AC 150/5300-13, Airports District issue a end through the airport Paragraph 306,"Obstacle Free Zone NOTA operator,issue an appropriate
(OFZ),"from penetrating the OFZ. NOTAM.
1 Complete the following chart to determine the area that must be protected along the runway edges:
Itumvey;t'ti' :Aircraft'App,{roach ;r' :Aitplaao . +';r5 ,RSA:Width in Feet Dividedby.2•,';;
Lei �1>Strr ✓' . ) I�Eil Otoup•r ' 1' }r� stir„ t :$M r�' I: si 1 il�rltl'i
s
�t 1'14 � i r b r 1 At w✓ N t.t s t�i1 1
xrr '!✓ ie r�..i�e l c �( 1 ry.. ir5 f t h !f f nfY 1 I ,#� !�!
0�1 v✓MM .fri-• i .# —.+..—.r.;.°—r. —' i F '^...^'�
1
*Sec AC 15015300.13,Airpori Design,to complete the chart for a specific runway.
b. Procedures for preteeting noway eads. • Prevent personnel,material,and/or equipment,
• Maintain the RSA from the runway as defined in AC 150/5300.13,from penetrating
threshold to a point at least the distance from the obstacle free zone,
N the runway threshold as existed before • Ensure adequate distance for blast protection is
construction activity—unless the runway is provided,as needed.
closed or restricted to aircraft operations, • Coordinate construction activity with the ATCT
1 requiring an RSA that is equal to the RSA
length available during construction in and FAA Regional Airports Division Office or
accordance with AC 15015300-13. This Airports District Office,and through the airport
may involve the use of declared distances operator,issue an appropriate NOTAM.
' and partial runway closures(see AC . Provide a drawing showing the profile of the
150/5370.2 for exceptions), appropriate surfaces of each runway end where
• Ensure all personnel,materials,and/or construction will take place. Where operations
' equipment are clear of the applicable by turbojet aircraft arc anticipated,review
threshold siting criteria surface,as defined takeoff procedures and jet blast characteristics of
in Appendix 2,"Threshold Siting aircraft and incorporate safety measures for
Requirements,"of AC 150 15300.13. construction workers in the contract documents:
i
i
i A-4
1
1117103 AC 15016370-2E '
Complete the following chart to determine the area that must be protected before the runway threshold: ,
Ritmvey 13rd Airphnc . Aircmil . Minimum Safely Area Minimum Unobstructed •
Ntrmber Design Group'. Approach Prior to the Threshold' Approach Slope '
+Category'.
I,B;IB,0.171V
A,B,C,or D
FEET : 1 to(threshold) '
FEET 1 to(threshold) '
FEET : 1 to(threshold)
FEET 1 to(threshold) '
*See AC 150/5300.13,Airport Design,to complete the chart for a specific runway.
S. MARKING AND LIGHTING FOR the airport operator/contractor,as spcclflcd in the '
TEMPORARY THRESHOLDS. contract,and will be depicted on the plans.
Marking and lighting for a temporary threshold Is /is S. TEMPORARY LIGHTING AND MARKING. ,
not required. The airport owner or contractor,as
specified in the contract,will furnish and maintain Airport markings,lighting,and/or signs will be altered in
markings for temporary thresholds. Precision approach the following manner(specify)during the period from
path indicators(PAPIs)or runway end identification to . The alterations are depicted on the ,
lights(REIL)are—/are not_required. The airport plans.
owner or contractor,as specified In the contract,will
furnish acid install all temporary lighting. Include 9. VEHICLE OPERATION MARKING AND
appropriate Items per AC 150/5370.2,Chapter 3,"Safety CONTROL.
Standards and Guidelines." if marking and lighting for
the teniporary threshold Is not required,delete this Include the following provisions in the construction
section ofthe s*ty plan. Ifvlsual aids and/or markings contract,and address them in the safety plans: '
are necessary,provide details. (include applicable 14
CPR part 77 surfaces In the contract documents.) a. When any vehicle,other than one that has prior
approval from the airport operator,must travel over any
6. CLOSED RUNWAY MARKINGS AND portion of an aircraft movement area,it will be escorted '
LIGHTING, and properly identifled. To operate in those area during
daylight hours,the vehicle must have a flag or beacon
The following must be specified for closed runways, attached to it. Any vehicle operating on the movement
Closed runway marking are /arc not_required. areas during hours of darkness or reduced visibility must '
Closed runway markings will be as shown on the be equipped with a flashing dome-type light,the color of
plans_/as furnished by the airport which is In accordance with local or state codes.
owner_/other_(specify). Barricades,flagging,
ash '
and flashers are /arc not required at Taxiway_ b. It maybe desirable to clearly Identify the
and Runwayand will be supplied by the airport vehicles for control purposes by either assigned Initials or
__ /other_(specify). numbers that are prominently displayed on each side of
the vehicle. The Identification symbols should be at '
7. HAZARDOUS AREA MARKING AND minimum 8-inch(20-cm)block-type characters of a
LIGHTING, contrasting color and easy to read. They may be applied
either by using tape or a water-soluble paint to facilitate
Hazardous areas on the movement area will be marked removal. Magnetic signs are also acceptable. In addition, ,
with barricades,traffic cones,flags,or flashers(specify), vehicles must display Identification media,as specified in
These markings restrict access and make hazards obvious the approved security plan. (This section should be
to aircraft,personnel,and vehicles, During periods of low revised to cogform to the airport operator's
visibility and at night,Identify hazardous areas with red requirements.) '
flashing or steady-burning lights(specify). The
hazardous area marking and lighting will be supplied by •
A-5 1
1 �
AC 16016370.2E 1117103
e. Employee parking shall be b. Prominently marking open trenches,excavations,
• (specify and stockpiled materials at the construction and lighting
location),as designated by the airport manager/ these obstacles during hours of restricted visibility and
project enginect /other (specify). darkness.
d. Access to the Job site shall be via e. Marking and lighting closed,deceptive,and
(specify Tome),as shown on the plans /designated hazardous areas on airports,as appropriate.
' by the englneer /designated by the
superintendent /designated by the airport d. Constraining stockpiled material to prevent Its
manager /other (specify), movement as a result of the maximum anticipated aircraft
blast and forecast wind conditions.
e. At 14 CPR part 139 certiflcated and lowered
airports,all vehicle operators having access to the 12. RADIO COMMUNICATIONS.
movement area must be familiar with airport procedures
for the operation of ground vehicles and the consequences Vehicular traffic located in or crossing an active
of noncompliance, movement area must have a working two-way radio in
contact with the control tower or be escorted by a person
t, E If the airport Is certificated and/or has a security in radio contact with the tower. The driver,through
?, plan,the airport operator should check for guidance on personal observation,should confirm that no aircraft is
the additional identification and control of construction approaching the vehicle position. Construction personnel
equipment, may operate in a movement area without two-way radio
communication provided a NOTAM is Issued closing the
?' 10. NAVIGATIONAL AiDS. area and the area is properly marked to prevent
incursions. Two-way radio communications are fare
The contractor must not conduct any construction activity not_requircd between contractors and the Airport
within navigational aid restricted areas without prior Trafiie Control Tower !FAA Flight Service
approval from the local FAA Airway Facilities sector Station`/Airport Aeronautical Advisory Stations
representative. Navigational aids include Instrument (UNICOM/CTAF)_. Radio contact is
landing system components and very high-frequency not required between the hours of_and
omnidirectional range,airport surveillance radar. Such Continuous monitoring is required_/or is required
restricted area are depicted on construction plans. only when equipment movement Is necessary in certain
areas_. (7his section maybe taffored to suit fire
11. LIMITATIONS ON CONSTRUCTION. spec(ffc vehicle and sgfery requirements ojthe airport
' sponror.)
Additional limitations on construction include-
1J. DEBRIS.
a. Prohibiting open-flame welding or torch cutting
operations unless adequate fire safety precautions am Waste and loose material must not be placed In salve
provided and these operations have been authorized by movement areas. Materials tracked onto these area must
the airport operator(as tailored to cordform to local be removed continuously during the work project.
' requirements and restrictions).
A-6
1
1/17/03 AC 16016370.2E '
APPENDIX 4. SAMPLE NOTAM '
AIRPORT ,
FAA NOTAM N DATE: ,
AIRPORT I.D.N TIME:
NOTAM TEXT:
NOTIFICATON: '
NNNNTOWER
PHONE N INITIALS TIME CALLED IN BY
1
NNNNFSS
PHONE N INITIALS TIME CALLED IN BY '
AIRLINES
CANCELLED:
NOTIFICATON:
NNNNTOWER
PHONE N INITIALS TIME CALLED IN BY '
NNNNFSS
PHONE# INITIALS TIME CALLED IN BY
AIRLINES
1
A•7 •'.
1
04106 JEFFERSON CITY MEMORIAL (JEF)
' AIRPORT DIAGRAM AL-796(FAY JEFFERSON CITY,MISSOURI
• JEFFERSON CITY TOWER•
' 125.6
GNDCON
121.7
ASOS 133.625
' 38.36'N
RWY 12.3D
S45,T58
RWY 9.27
S30,738
' EIEV
547 CONTROL
TOWER
616
ARMY
g '
GENERAL �tx�� NATIONAL
■■i 1 GUARD
PARKING a
N
ELEV
088.7•— 3401 %75 "�8""
$ ,0 268.7. 546 yl
R ELEV o A FIELD 2SGZ
' 546 ELEV
NIHANGAR 549 S
7
\"07/, EIEV
a 547
r
JAN 1995
ANNUAL RATE OF CHANGE
0.1•W
' 38'35'N
' CAUTION:BE ALERT TO RUNWAY CROSSING CLEARANCES.
READBACK OF ALL RUNWAY HOLDING INSTRUCTIONS IS REQUIRED.
'. 92010'W 92'09'W
AIRPORT DIAGRAM JEFFERSON CITY,MISSOURI
04106 JEFFERSON CITY MEMORIAL(JEF)
PROPOSAL FORM
• State Block Grant Project No. AIRE 035.408
Scalcoat,Joint and Crack Seal,Pavement Markings,and Gate
Project No.61019
TO: City of Jefferson
The undersigned,in compliance%rich the request for bids for construction of the following Project:
To furnish all labor, materials, equipment and performing all work necessary to joint and crack seal, seal
coat,pavement marking removal,new pavement markings,and gate.
hereby proposes to furnish all labor, permits, material, machinery, tools, supplies and equipment to faithfully
perform all work required for construction of the Project in accordance with the project manual, project drawings
and issued Addenda within the specified time of performance for the following prices:
BASE Bra
APPROX.
BID FAA or ITEM DESCRIPnON QUANTnT UNIT PRICE EXTENSION
ITEM MoDOT AND UNrfS
SPEC.
' DOLLARS CTS DOLLARS CTS
I MO-100 Mobilization 1
Lump Sum
2 MO-623 Pavement Marking 105,000
Removal S.F.
3 MO-622 Crack&Joint Seal 15,000
Bituminous Pavement L.F.
' 4 MO-623 Pavement Friction 81,000
Scalcoat Surface S.Y.
Treatment
' 5 MO-620 Pavement Markings White 81,000
S.F.
6 MO-620 Pavement Marking Yellow 17,300
' S.F.
7 M0620 Pavement Marking Bieck 13,500
S.F.
8 MO-162 22'Cantilever Gate I Each
' 9 MO-162 6'Chain Link Fence
TOTAL BID(Base Bid)
' ACKNOWLEDGEMENTS BY BIDDER
• a. By submittal of a proposal, the BIDDER acknowlcdges and accepts that the quantities established by the
OWNER are an approximate estimate of the quantities required to fully complete the Project and that lice
estimated quantities arc principally intended to serve as a basis for evaluation of bids. The BIDDER
further acknowledges and accepts that payment under this contract will be made only for actual quantities
and that quantities will vary in accordance with the General Provisions subsection entitled "Alteration of
Work and Quantities".
It. The BIDDER acknowledges and accepts that the Bid Documents arc comprised of de documents identified
' witidn the Instructions to Bidders. The BIDDER further acknowledges that each Ilia individual documents
that comprise tie Bid Documents are complementary to one another and together establishes the complete
terms,conditions and obligations of the successful BIDDER
c. As evidence of good faith in submitting this proposal,the undersigned encloses a bid guaranty in the form
or a certified check or bid bond in the amount of 5%of the bid price. The BIDDER acknowledges and
' accepts that refusal or failure to accept award and execute a contract within the terms and conditions
established herein will result in forfeiture of Ile bid guaranty to the owner as a liquidated damage.
d. Tltc BIDDER acknowledges and accepts Ile OWNER'S right to reject any or all bids.
' e. Ilia BIDDER acknowledges and accepts Ile OWNER'S right to hold all Proposals for purposes of review
and evaluation and not issue a notice-of-award for a period not to exceed 60 calendar days from the slated
' date for receipt of bids.
f, TTe undersigned agrees that upon written notice of award of contract, he or she will execute tie contract
within thirty (30) days of the notice-of-mvard, and furthermore, and provide executed payment and
performance bonds within fifteen (15) days from the date of contract execution. The undersigned accepts
that failure to execute the contract and provide the required bonds within the slated thmeframe shall result
in forfeiture of the bid guaranty to the owner as a liquidated damage.
g. Time of Performance: By submittal of this proposal, the undersigned acknowledges and agrees to
commence work within ten (10) calendar days of the date specified in the written "Notice-to-Procced" as
' issued by the OWNER. The undersigned further agrees to complete the Project within 55 working days
from the commencement date specified in the Noticc-to-Procecd.
It. The undersigned acknowledges and accepts that for each and every Calendar day the project remains
' incomplete beyond the contract time of performance, the Contractor shall pay the non-penal amount of
$500 per Working day as a liquidated damage to the OWNER.
f. The undersigned prince contractor, if not a MoDOT certified DBE, hereby assures that they will
subcontract 0 percent of the dollar value of the prime contract to DBE firms or make good faith efforts to
meet the DBE contract goal. In addition, the prime contractor will include the DBE clauses (see
' Supplementary Provision No. 6 of the rederal and State Provisions)required by the DBE Program adopted
by MoDOT and the city in all contracts and subcontracts relating to this project, The undersigned will
complete the DBE Participation information included herein, when a DBE goal has been established,
Including a demonstration of good faith efforts if the DBE goal is not met. If the undersigned prime
contractor is a MoDOT certified DBE firm, then the prime contractor must perform at least thirty percent
(30%) of the total contract value work with its own forces,and will receive DBE credit for all work which
Ilia prime contractor and any other MoDOT certified DBE liter ficriornis directly.
' j, The BIDDER, by submission of a proposal, acknowledges that award of this contract is subject to the
• provisions of the David Bacon Act and the Missouri Prevailing Wage Law. The BIDDER accepts file
' requirement to pay prevailing wages for arch classification and type of worker as established in the
• attached wage rate determinations as issued by die United States Department of Labor and the Missouri
Division of Labor Standards. The BIDDER further acknowledges and accepts their requirement to
incorporate the provision to pay the established prevailing wages in every subcontract agreement entered
into by the Bidder under this project. The highest rate between the live (Federal and State) for each job
classification shall be considered the prevailing wage.
' k. Compliance Reports (41 CFR Part 60-1.7): Within 30 days alter award of this contract, die
Contractor/Subcontractor shall file a compliance report (Standard Form 100) if s/he has not submitted a
complete compliance report within 12 months proceeding the date of award. This report is required if the
Contractor/Subcontractor meets all of die following conditions:
1. Contractors/Subcontractors arc not exempt based on 41 CFR 60.1,5.
' 2. Has 50 or more employees.
3, is a prime contractor or first der subcontractor.
4. There is a contract,subcontract,or purchase order amounting to$50,000 or more
1. The undersigned acknowledges receipt of the following addenda:
' Addendum No. dated Date Received
Addendum No. dated Date Received
Addendum No. dated Date Received
' Addendum No. dated Date Received
Addendum No. dated Date Received
REPRESENTATIONS BY BIDDER
' By submittal of a proposal(bid),the BIDDER represents fire following:
a. The BIDDER has read and thoroughly examined the bid documents including all authorized addenda.
' b. The BIDDER has a complete understanding of the terms and conditions required for die satisfactory
performance of project work.
c. The BIDDER has fully informed themselves of the project site, the project site conditions and the
surrounding area.
d. The BIDDER has familiarized themselves of the requirements of working on an operating airport and
understands the conditions that may in any manner affect cost,progress or performance of the work
' e. The BIDDER has correlated their observations with that of the project documents.
C. The BIDDER has found no errors, conflicts,ambiguities or omissions in the project documents,except as
previously submitted in writing to the owner that would affect cost,progress or performance of the work.
g. The BIDDER is familiar with all applicable Federal,State and local laws,rules and regulations pertaining
' to execution of the contract and die project work.
h. The BIDDER has complied whit all requirements of these instructions and the associated project
documents.
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' CERTIFICATIONS BY BIDDER
• a. The undersigned hereby declares and certifies that the only parties interested in this proposal are named
r heroin and that this proposal is made without collusion Milt any other person, fiat or corporation. The
undersigned further certifies that no member, officer or agent of OWNER'S has direct or indirect
financial interest in this proposal,
r b. Certification of Non-Segregated Facilities (41 CFR Part 60-1.8)
The BIDDER, as a potential federally-assisted concoction contractor, certifies dint it does not maintain
or provide, for its employees, any segregated facilities at any of its establishments and that it does not
permit its employees to perform their services at any location, under its control,where segregated facilities
are maintained. The BIDDER certifies that it will not maintain or provide, for its employees,segregated
facilities at any of its establishments and that it will not permit its employees to perform their services at
' any location under its control where segregated facilities are maintained. The Bidder agrees that a breach
of this certification is a violation of the Equal Opportunity Clause, which is to be incorporated in the
contract.
r As used in this certification, the tern "segregated facilities" means any waiting rooms, work areas,
restrooms,and washroorns, restaurants and other eating areas, timeclocks, locker rooms and other storage
or dressing areas, parking lots,drinking fountains, recreation or entertainment areas,transportation, and
r housing facilities provided for employees which arc segregated on the basis of race, color, religion, or
national origin because of habit, local custom,or any other reason. The Bidder agrees that(except where
it has obtained identical certifications from proposed subcontractors for specific time periods) it will
r obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding
$10,000 which are not exempt from the provisions of the Equal Opportunity Clause and that it will retain
such certifications in its files.
c. Trade Restriction Certification(49 CFR Part 30)
The Bidder,by submission of an oiler certifies that it:
1. is not owned or controlled by one or more citizens of a foreign country included in the list of
r countries that discriminate against U.S. firms published by the Office of the United States Trade
Representative(USTR);
r 2, has not knowingly entered into any contract or subcontract for this project with a person that Is it
citizen or national of a foreign country on said list,or is owned or controlled directly or indirectly
by one or more citizens or nationals of a foreign country on said list;
r 3, has not procured any product nor subcontracted for the supply of any product for use on the project
that is produced in a foreign country on said list.
d. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Excitation (49 CFR Part
29)
The Bidder certifies,by submission of this proposal, that neither it nor its principals is presently debarred,
r suspended,proposed for debarment,declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency. It further agrees by submitting this proposal that it will
include this clause without modification in all lower tier transactions, solicitations, proposals, contracts,
and subcontracts. More the Bidder or any lower der participant is unable to certify to this statcmeht, it
shall attach an explanation to this solicitation/proposal.
a Buy American Certification(Title 49 U,S.C.Chapter 501)
r By submitting a proposal under this solicitation, except for those items listed by the Bidder below or on a
separate and clearly identified attachment to this bid/proposal, the Bidder cordffes that steel and each
• manufactured product, are produced in the United States, as defined in the clause Buy American - Steel
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.,. and Manufactured Products for Construction Contracts) and that components of unknown origin are
• considered to have been produced or manufactured outside the United States.
Bidder may obtain from the owner a listing of articles, materials and supplies excepted from this
1 provision.
Product Countriv of Ori n
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1 DISADVANTAGED BUSINESS ENTERPRISE(DBE)PARTICIPATION
• The information shown in this section must be completed when a DBE contract goal has been established, The
1 percentage must equal or exceed the DBE contract goal. If the percentage is below the contract goal, then the
bidder must submit complete written documentation of good faith efforts taken to meet the DBE contract goal.
1 a. The undersigned submits the following list of DBE's 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:
1 b. Joint -,vnturc with a DBE. The undersigned submits the following list of bid items the DBE,prime is
responsible for and any items that will be subcontracted out are noted with an asterisk or a similar notation.
The work,applicable value and percentage of total federal contract the DBE prime is responsible for arc as
1 follows:
1 Bid Item %of %of
•►$Value $ Amount
DBE Name and Address Numbers) S Value Applicable Applicable to Total
Or orm� of DBE Work to DBE DBE Goal C��
1 Goal
1
N
i
1
1
1
TOTAL DBE PARTICIPATION $
1 ►►Cannot exceed contract amount for given item of work.
(Please reproduce the above sheet if additional space is needed.)
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SIGNATURE OF BIDDER
• The undersigned states that dm correct LEGAL NAME AND ADDRESS of(1) the individual bidder, (2) each
partner or Joint venturer(whether individuals or corporations,and whether doing business under a fictitious name),
or (3) the corporation (with the stale in which it is incorporated) are shown below; that (if not signing with the
inlention to bind themselves to become responsible and sole bidder)they are the agent of,and they are signing and
executing this(ns indicated in the proper spaces below)as the bid of a
( )sole individual ( )partnership ( )joint venture
O corporation,incorporated under die laws of state of
Executed by bidder this day of 20
Name of individual,
1 all partners
or Joint venturers: Address of each:
1
doing business under the name of-, Address of principal place of business In
NMissouri:
(If using a fictitious name,show this name
above in addition to legal names)
t (If a corporation,show Its name above)
ATTEST: (SEAL)
' (Signature) Secretary (Signature) (Tide)
Please print name Please print name
' NOTE: If bidder is doing business under a fictitious name, the bid shall be executed in die legal name of the
individual partners,joint ventures, or corporation, with the legal address shows,and registration of fictitious name
filed with the secretary of state,as required by sections 417,200 to 417,230 RSMo. If the bidder is a corporation not
organized under the laws of Missouri, it shall procure a cerdflcatc of authority to do business in Missouri, as
required by section 351,572 et seq RSMo.
•
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Form of
• CONTRACT AGREEMENT
City of Jefferson
State Block Grant Project No.AIRE 035408
Sealcoat,Joint and Crack Seal,Pavement Markings,and Gate
Project No.61019
THIS AGREEMENT,made as of this 21 day of April 2006 is
' BY AND BETWEEN
the OWNER: Name: City of Jefferson
Address: 320 E.McCarty St.
City/State/Zip Code:Jefferson City,Missouri 65101
And the CONTRACTOR: Nnme: Huff Scaling Comoration
' Address: Hiehwav 15 East
' City/State/Zip Code: Albion.IL 62806
WITNESSETH:
N WHEREAS it is the intent of the Owner to make improvements at Jefferson City Memorial Airport generally described as
follows;
' To furnish all labor, materials, cervices and equipment to perform all work necessary to remove existing
pavement markings,provide joint and crack seal,friction seal coat,new gate and chain link fencing,new pavement
markings,and all other work shown within the specifications and plans for the project.
hereinafter referred to as the Project.
NOW THEREFORE in consideration of die mutual covenants lieteinailerset forth,OWNER and CONTRACTOR agree as follows:
' Article I—Work
It is hereby mutually agreed that for and in consideration of the payments as provided for herein to the CONTRACTOR
by the OWNER, CONTRACTOR shall faithfully furnish all necessary labor, equipment,and material and shall fully
perform all necessary work to complete the Project in strict accordance with this Contract Agreement and the Contract
Documents.
' Article 2—Contract Documents
CONTRACTOR agrees that the Contract Documents consist of the following: this Agreement, General Provisions,
Supplementary Provisions, Specifications, Drawings, all issued addenda, Notice-to-Bidders, Instructions-lo-Bidders,
Proposal and associated attachments, Performance Bond, Payment Bond, Wage Rate Determination, Insurance
' certificates,documents incorporated by reference, documents incorporated by attachment,and all OWNER authorized
change orders issued subsequent to the date of this agreement, All documents comprising the Contract Documents are
complementary to one another and together establish the complete terms, conditions and obligations of the
CONTRACTOR. All said Contract Documents are incorporated by reference into the Contract Agreement as if fully
rewritten herein or attached thereto.
1
Article 3—Contract Price
In consideration of the faithful performance and completion of the Work by the CONTRACTOR in accordance with the
• Contract Documents,OWNER shall pay the CONTRACTOR an amount equal to:
$Three Hundred Seventcen'rhousand,Six Hundred Thirty Three Dollars ($317,633.00)
(Amount in Written Words) (Amount in Numerals)
' subject to the following;
a. Said amount is based on the schedule of prices and estimated quantities stated in CONTRACTOR'S Bid
Proposal,which is attached to and made a part of this Agreement;
b. Said amount is the aggregate sum of the result of the CONTRACTOR'S stated unit prices multiplied by die
associated estimated quantities;
' C. CONTRACTOR and OWNER agree that said estimated quantities arc not guaranteed and that the
determination of actual quantities is to be made by the OWNER'S ENGINEER;
' d. Said amount is subject to modification for additions and deductions as provided for within the Contract
General Provisions,
' Article 4—Payment
Upon the completion of the work and its acceptance by the OWNER, all sums due the CONTRACTOR by reason of
faithful performance of the work,taking into consideration additions to or deductions from the Contract price by reason
' of alterations or modifications of the original Contract or by reason of"Extra Work" authorized under this Contract,
will be paid to the CONTRACTOR by the OWNER after said completion and acceptance.
The acceptance of final payment by the CONTRACTOR shall be considered as a release in full of all claims against the
NOWNER,arising out of,or by reason of,the work completed and materials furnished under this Contract.
OWNER shall make progress payments to the CONTRACTOR in accordance with the terms set forth in the General
' Provisions. Progress payments shall be based on estimates prepared by the ENGINEER for the value of work
perforated and materials completed in place in accordance with the Contract Drawings and Specifications.
Progress payments are subject to retainage requirements as set forth in the General Provisions.
Articles—Contract Time
The CONTRACTOR agrees to commence work within ten (10) calendar days of the dale specified in the OWNER'S
Noticc-to-Procced. CONTRACTOR further agrees to complete said work within 35 working days of the
' commencement date stated within the Notice-to-Proceed.
It is expressly understood and agreed that the stated Contract Time is reasonable for the completion of the Work,taking
all factors into consideration. Furthermore, extensions of the Contract Time may only be permitted by execution of a
' fomml modification to this Contract Agreement in accordance with the General Provisions and as approved by the
OWNER.
' Article 6—Liquidated Damages
The CONTRACTOR and OWNER understand and agree that time is of essence for completion of the Work and that
the OWNER will suffer additional expense and financial loss if said Work is not completed within the authorized
Contract Time. Furthermore, the CONTRACTOR and OWNER recognize and understand the difficulty, delay, and
expense in establishing the exact amount of actual financial loss and additional expense. Accordingly, in place of
requiring such proof, the CONTRACTOR expressly agrees to pay the OWNER as liquidated damages the non-penal
sum of$500 per day for each calendar day required in excess of the authorized Contract Time.
' Furthermore,the CONTRACTOR understands and agrees that;
• a. the OWNER has the right to deduct from any moneys due the CONTRACTOR,the amount of said liquidated
' damages;
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,• b. the OWNER has the right to recover the amount of said liquidated damages from the CONTRACTOR,
SURETY or both.
Article 7—CONTRACTOR'S Representations
The CONTRACTOR understands and agrees that all representations made by the CONTRACTOR within the Proposal
Fonmm shall apply under this Agreement as if fully rewritten herein.
Article 8—CONTRACTOR'S Certifications
The CONTRACTOR understands and agrees that all certifications made by the CONTRACTOR within the Proposal
shall apply under this Agreement as if fully rewritten herein.The CONTRACTOR further certifies the following;
a. Certification of Elieihility(29 CPR Pan 5.5)
L By Entering into this contract, the CONTRACTOR certifies that neither he or she.nor any person or
' firm who has as interest in the CONTRACTOR'S firm is a person or firm ineligible to be awarded
Government contracts by virtue of Section 3(a)of the Davis-Bacon Act or 29 CPR 5.12(a)(1);
ii. No part of this contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of Section 3(a)of the Davis-Bacon Act or 29 CPR 5.12(a)(1);
iii. The penalty for making false stalemenls is prescribed in the U.S.Criminal Code 18 U.S.C.
' b. Certification of Non-Seeregated Facilities(41 CPR Pan 60-1.8)
The federally-assisted construction CONTRACTOR, certifies that it does not maintain or provide, for its
' employees, any segregated facilities at any of its establishments and that it does not permit its employees to
perform their services at any location, under its control, where segregated facilities are maintained. The
BIDDER certifies that it will no maintain or provide, for its employees, segregated facilities at any of its
establishments and that it will not permit its employees to perform their services at any location under its
M control where segregated facilities are maintained. The Bidder agrees that a breach of this certification is a
violation of the Equal Opportunity Clause,which is to be incorporated in the contract.
' As used in this certification,the term "segregated facilities" means any waiting rooms,work areas,restrooms,
and washrooms, restaurants and other eating areas, tinmcclocks, 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 on the basis of race,color,religion,or national origin because of
' habit, local custom, or any other reason. The Bidder agrees that (except where it has obtained identical
certifications from proposed subcontractors for specific time periods) it will obtain identical certifications
from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt
' from the provisions of the Equal Opportunity Clause and that it will retain such certifications in its files.
Article 9—Miscellaneous
a. CON'T'RACTOR understands that it shall be solely responsible for the means,methods,techniques,sequences
' and procedures of construction in connection with completion of the Work;
b. CONTRACTOR understands and agrees that it shall not accomplish any work or furnish any materials that arc
not covered or authorized by the Contract Documents unless authorized in writing by the OWNER or
ENGINEER;
c. The rights of each party under this Agreement shall not be assigned or transferred to any other person,entity,
' firm or corporation without prior written consent of both parties;
d. OWNER and CONTRACTOR each bind itself, their partners,successors, assigns and legal representatives to
' the other party in respect to all covenants,agreements,and obligations contained in the Contract Documents.
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1 Article 10—OWNER'S Representative
The OWNER'S Representative,herein referred to as ENGINEER,is defined as follows:
• Patrick E.Sullivan,F.E.,Director of Community Development
1 City of Jefferson
320 E.McCarty St.
Jefferson City,MO 65101
1 Said ENGINEER will act as the OWNER'S representative and shall assume-all rights and authority assigned to the
ENGINEER as stated within the Contract Documents in connection with the completion of the Project Work.
1 IN WITNESS WHEREOF,OWNER and CONTRACTOR have executed five(5) copies of this Agreement on the day and
year first noted herein.
1 OWNER CONTRACTOR
Name: Cilyorlefferson Name: Huff Sealing Corporation
1 Address:320 E.McCarty St. Address: Highway 15 East
Jefferson City,Missouri 65101 Albion, IL 62806
1 ..
F GORPOR9 ''•.O.rV
St oar rc Signature
N Rob Huff, Vice Pres
Mayor Title ofRcpresentative m
1 ATTEST: ATTEST
By: By.
1 S! rune arnnr
John Barford, Office Manager
1 City Clerk Title
Appro tZo�:
1
1 City Coanrc/
1 Cary
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• ISSUED IN TRIPLICATE .. ,
8ONO NUMBER
PERFORMANCE BOND 08839367
1
PIUNCI PAL aegalNoma and DurinextAddrem)
Huff Sealing Corporation
' Highway 1SE
Albion, IL 62806
SURE'1Y(Legal N(tme andUutinact Addrexr) STATE OF iN(:ORPURA'fiON }
Fidelity and Deposit Company of Maryland
' 9229 Delegates Row, Suite 400 Maryland t
Indianapolis, IN 46240
PENAL SUM OF BOND(Expressed in words and nrrmerulr) CONTRACT DATE
.' Three Hundred Seventeen Thousand Six Hundred Thirty
Three 00/100 Dollars ($317,633.00) April 21, 2006
OHLICATION
KNOW ALL PERSONS BY THESE PRESF-4TS,that thus above named PRINCiPAi,berelsaner rcrarred to end called
COh7RACfOR,and the abuw named SURETY hereby bind dtemtehvcs unto City or Jefferson,320 E.McCarty Steel,
Jefferson City,blluouri, as OBLICEE, hereinafter referred to and called OWNER.In the penal sum stated above• In
lawful money of the United Stauaf of America to be paid to OWNER.For payment of the p=4 sum,we bind oumalva,our
Nheirs,executors,administruten,wcuuom and assisms,jntnny and novenliy,firmly byiherepretunts.
WHEREAS,
CONTRACTOR by entered into the written ceavuct agreement idcrtdficd hcrinabeve widt she OWNP.R for the following pmjecu
' Projcct Name: Sedeost,.fulut and Crack Seat,Pavemcar Marldngs,and Cate
Projectl4cation: AiWUL_„__„
' which amid contract and associated contract document+,including try present or future amendment thereto,Is lacnrporated
heteln by r&Tem:a and It hereinafter referred to as the Contract
CONDITI0:1
NOW,THEREFORE• TI11:CONDI'T'ION OF THIS OBUCATiON is such that,if CONTRACTOR shall promptly and
faithfully perform all undenaklags,cow-neso,temp,conditiow aed agreements of the Contract during the original term of
the Contract and any exuru[ons thereof that use granted by the OWNER,with or without notice to the SUFUITY,and during
the period of any Susranme or warmmics required under the Contract,sad if CONTRACTOR shall perform and fulfill all
undcnakings,covenants,ttmna,coaditlow and agicctorna orany and all duty autherized modifications of the Contract that
' hateafier are crude, then this obligation dull be void;otherwise It shall remain In fait force and affect subject ut tho
following additional conditions:
1. SUIUI Y, for value received, hereby stipulates and agrees that no chaagc, extension or Univ. modi8atton.
omisslon. oddh irm or change in or to Ito Contract, or the work pafurmed thereunder or the specifications
accompanying the same,sbait is any way affect the SURF MS obligation on this band:and SURETY hereby
sgrtcs to%live notice of any and all such extensions,modifications,omissiens,alterations,and additions to the
tams ofthe Contract,worst or specifications,
' 2. Whenever CONTRACTOR Hull be and declared by&so OWNEL to be in default under the Canines,the Surety than
promptly and at the SURETY'S txpm,4 temcdy the default by implementing me or more of the following sedoW,
B. Anange for the CON1'RACTOR.with conentof the OWN PJt,to pctform and complete the CoAL=4or
:.• b. Undertake to perform end complete the Contract Itself, through Its agents or through Independeal
conractmn;or
' e. Obtain bids or negotiated propoxata 0nm qualified contractors acceptable to the OWNER for a contract
for performance and eompledon of the Contract:arrange rot a contract w be ptupued fur execution by the
OWNER and the contractor selected wish the OWNER'S concurrence,to be secured wish perrnmuscs
and payment bonds executed by a qualified surety equivalent to the Bonds Issued on the Contract;and
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. make available as work prole mca (even though there should be a default or a succession of defaults
mldr:r the contract or contracts of completion arranged under this pamgrapb)sufficient funds to pay the
cost of completion less the balance of the contract price;but not txeceding, including other costs and
damages for wtdch the Surety may be liable hocundcr,the penni stun of the Wad. The term"balance of
thu contract price", as used In this paragraph, shall mean the total amoont payable by OWNT:R to
CONTRACTOR under the Contract and any amendments thereto,disbursed at the rote provided in the
original contract,less the amount property paid by OWNER br CONTRACTOR.
d. With written consent of the OWNER,SURI-TV may walve its right to perform and complete,arrange for
completion or obtain a new contractor and with reasonable promptness, investigate and dctermtne the
amount the SURETY Is liable to the OWNER and tender payment therefor to the OWNER.
3. CONTRACTOR end SURETY agree that if in connection with the enforcement of this Bond, the OWNER is
required to engage the services of an attorney, that reasonable attorney Cees ivauured by the OWNER,with or
without sell,are in addition to the balance of the contract price,
4. No right of action shall accrue on this bond to or for the wo of any person or corporation other than.the OWN L•R
named herein or the auccexsots or assigns of the OWNER.
WITNESS
Iawimaswhereof.this instromnnis executed ads the.?tat dayor Aprlt ,10 06 ,
INDIVIDUAL PRINCIPAL
' Company Name: —
Signature;
NNanue and'1'lilm
CORPORATE PRINCIPAL: � NO CC9A
ATTEST: CorporatcName: fluff SScaling Corporatio J; ORPO,Ir •.p
Signature: ,,,-----�-,— Slgnaalre: •��'•��
f • /VrA�
Narrteand'ftt(t: oho 6orford, Of ice Manager ^ NamaandTitlat Rob IlufF, VIce Preside t
(Affix corporate seal) <<�►U..........
SURETY:
ATTEST: SuretyNamc; Fidelity and Deposit Company of Maryland
Signature: �+ Signature:
Name and Title;—Susan Coleman, Bond CSR Namtandl'itle;— olsn S.HoJrnll, Atta�ney_In-Eras
(Affix Seat) (Attach Power of Attorney)
e
STATE OP INDIANA
ti County of Marion
r On Ibis 2lst day of April, tt2 Q6 ,before file subscriber,a Notary Public of the State of Indiana,in and for the
County of Hendricks,duly commissioned and qualified,came Sohn S.Mnda%Attorney-111-Fact of the Fidelity ntd
Deposit Company of Maryland,to me personally known to be the individual described in,and who executed(lie
preceding and foregoing instrument,cold acknowledged the execution of the seine,and being by me duly sworn,
deposed and says that he/she is the said Attorney-In-Fact for the Company aforesaid,and Ihat the seal affixed to tits
i foregoing instrument is the corporate seal of said Company and that said corporate scat and his/her signature were
duly affixed and subscribed to the said instrunrcat by Ilse authority and direction of the said Company.
In Witness whereof,I have hereunto set my hand affixed n'��fftcinl scat this gy astd year first above written.
fammi =fan Fxn(res•W-ni-a9
Susan Coleman A'arn to) Public
I • •
OWNER ACCEPTANCE:
The OWNER tppm u the term nrthL Y.yment Bond
ATT M Due:
SlymtutC _____ SIpuN:C .
'. Nvae mdTiilr.�, Nrm m47itle:__
(AMA Seal)
N
1•.
•
'• Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN 13Y THESE PRESENTS:,'lua the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.it
corporation of tltc Suuc of Maryland,by WILLIAM J. MILLS, Vice President,and ERIC D. BARNES, Assistant Secretary,
in pursuance ol'uuthority granted by Article VI,Section 2.of the Lay-Laws ofsaid Company,'w 1i re set firth on the
reverse side hereof and arc herchy certified to he in full force and effect on the date hF`(cl 4,11` r 1by nominate,constitute
anti appoint M. L.DANIEL,John S. 11fOURALL,Sheri A.1.01VDF�I -���{{t �f�UFIt nq�n COLEMAN,all of
Indianapolis,Indiana, EACH its true anti lawful agent and u(1r �1i-M1(11c 01 u x} nd deliver, for,and on
its behalf as surely,and as its net anti deed: nay rut¢e, l� s a' i'dgt�lehiFi Oution of such bonds or
undertakings in pursuance of fitcsc prexq((t� C� tl t n nt` P( f' i 1t l arr�.:ts fully and amply,to all intents and
purposes,as if Ihcy had been tit P ES IUI 1h 11 w �kyhb Fb ularly elected officers ol'the Company m its office
' in Baltimore.Md.,i 4 cr t (w`\
The add Assislnnl c a t1 �fy hat Utc extract set limb nn the reverse
side hereof is n true copy of Article VI,
Section 2,of flic By- ?? P filth any.and is now in force.
' IN WITNESS W ER -OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Scal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, [his 41h day of August,
A.D.2005.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
,Pp OAA&44
' � t
aw
,,
By:
Eric Erfr D. Barnes Assistant Secrermh
William J. Mills Vice Preslrlenr
Shoe of Maryland sst
' City of Baltimore )
On this 4th day of August, A.D. 2005, before the subscriber, it Notary Public of the Sure of Maryland, duly
commissioned and qualified,cattle WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to he the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn,severally and each for himself deposeth and suith.that they 1tro the said officers of fife Company aRtrusaid,
and that [he seal affixed to fife preceding instrument is the Corporate Seal of said Company, laid that the said Corporate Scal
'
and their signatures as such officers were duly affixed and subscribed in file said instrument by file authority and direction of
[he said Corporation.
IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official Scal file day and year first above
' written.
Maria D.A(hmiski Notary Public
' My Commission Expires: July 8,2007
1•
1
rPOA•F 044.0258C
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND •,
"Article VI,Section 2.The Chairman of the Board,or the President, or tiny Executive Vice-President. or tiny of the Senior ,
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Cauuniuce,
shall have power, by tind with the concurrence of the Secretary or tiny one of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Anorncys-in-ract as the business of the Company may require, or to '
authorim any person or persons to execute on behalf of dte Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds. and releases and assignments of•judgentents, decrees, mortgages and instruments in
the nature of mortgages....and to affix the seal of the Company thereto."
1
CERTIFICATE '
I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that ,
the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized
by the Board or Directors to appoint tiny Attorney-in-Fuel as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may he signed by facsimile under and by authority or die following resolution of the ,
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the loth day of May, 199o.
RESOLVED: "Thal the facsimile or mechanically reproduced seal of the company and faesbmile or mechanically ,
reproduced signature (if any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hercalier, wherever appearing upon it certified copy of tiny power of attorney issued by the Company, shall he valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my nannc and affixed the corporate scud of the said Company,
111is 21st day of April 2006 '
C/
A.a1.maN Srrtrhny
1
r
' • ISSUED IN TRIPLICATE
BONDNUMBER
PAYMENT BOND 08B39367
. PRINCIPAL(bcbal Name and Uusinesr Addnns)
' Ruff Sealing Corporation
Highway 15E
Albion, IL 62806
' SURETY(Legal Name and BzalnessAddre5r) STATE OF INCORPORATION
Fidelity and Deposit Company of Maryland
9229 Delegates Row, Suite 400 Maryland
Indianapolis, IN 46240
PENAL SUM OF BOND(F.rpresred In wards and numerate) CONTRACT DATE
Three Hundred Seventeen Thousand six Hundred Thirty Three 00/100 April 21, 2006
Dollars ($317,633.00)
' OBLIGATION
KNOW ALI.PERSONS BY 'THESE PRL•SRNI'S, that die ubnve famed PRINCIPAL, herelaafler referred to and called
' CONTRACTOR,and the above rimmed SURETY hereby bind themselves unto City of Jefferson,320 E.NIcCarty Steat,
Jefferson City, Mlssour} as OBLIGEE, hereinafter referred to and called OWNER, in the penal sum stated above, in
lawful money of the United States of Anievica to be paid to OWNER. ror payment of the penal sum,we bind ourselves,our
' heirs,executors,administratom,successors and assibms,jointly and sawrally,firmly by these presents.
WMREAS,
CONTRACTOR has entered into die written contract agreement identified hurcinabove with the OWNER for the following project:
Project Name: Sealcoat,ltlintpnd Creek Scyl.Pavement Markjng<.and Cialc
Project Locution:Jeflento>t(atv MemorieLlrpnrt
Nwhich acid contract and associated contract documents, including any present or future amendment thereto,is incorporated
herein by reference and is hereinnfler referred to as the Cunhnct.
CONDMON
NOW,TM-REFORE,THE CONDITION OF THIS OBLIGATION is such that, if CONTRACTOR shall promptly make
payment to all employees, persons, firms or corporations for all incurred indebtednem and just claims for labor,supplies,
materials and services fumimbcd for or used In connection with the performance of the Contract,then this obligation shall be
void;otherwise it shall remain in full fora and effect subject in the following additional conditions:
1, CONTRACTOR and SURIffY Indemnity and bold harndess the OWNUK for all claims,dciuunds,liens or Butts
that arise from performance of die Contract
2. SURETY. for value received, hereby stipulates and agrees that n0 change, extension of time, modification.
omission, addition or change in or to the Contract, or the work performed thereunder or the specifications
' accompanying the stone, shall in any way affect the SURFTY'S obligation on this bond; and SURETY hereby
agraw to waive notice of any and all such extensions, modifications, omissions,alterations,and additions to the
terms of the Cnntratt,work or speoi9eatiuns.
N 3. No final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary
hereunder.whose claim may be un,mtisfied.
4. The amount of this hand shall be reduced by and to the extent ofany payments made in gotgi faith hereunder.
S. Amounts owed by the OWNER to the CONTRACTOR under the Contract shall he used for the performance of the
Contract and in satisfy claims, If my, under my Purrarmanee Hund. By the CONTRACTOR tiimishing and the
' OWNER accepting diia Bond.they agree that all funds caned by the CONTRACTOR In the performance of the
Contract are dedicated to satisfy obligations of the CONTRACTOR and the SUIRe;rY under iris Hand,subject to
the OWNFR'S priority to use the Nn&for the completion tribe project.
r
WITNESS
' In witness whereof,this instrument is executed thin the 21st day of April .20_2_6 .
• INDIVIDUAL PRINCIPAM
' Company Name:
Namc and Titic:
' CORPORATE PRINCIPALI pWWlmmviU
fluff Scaling Corroratio 5 '�'!N'G1'C�9A
ATTEST; Corporate Name: R P
Signature: Signature:
•
Name and Title; John Barford, Office Manager Name and Title: Rob Buff. Vice Fresid t �7 Z
(Affix.Corporate Seas) A �
' SURETY:
ATTEST; e y� SurNyName: Fidelity and De osit Company of Maryland
' Signature; �� �`��` Signaturt: 40-
Nameand Title: Susan Coleman, Bond CSR �— Namcand Title: John S. Ilodrall, Attorney-In-Fact
(Affix Seal) (Attach Power of Attorney)
OWNER ACCEPTANCE:
The OWNER approves the fort of this payment Bond
' ATTEST: Date:
Slgnature: Sianownt;
Name and Title: Name and Title; --
(Aff x Seal)
STATE OF INDIANA
Comity or Marian
' On this 21st day of April,290-6_,before the subscriber,a Notary Public of the State of Indiana, in and for the
County of Hendricks,duly commissioned and qualified,conic John S.Modrall,Attorney-In-Fact of the Fidelity and
' Deposit Company of Maryland,to me personally known to be the individual described in,and who executed the
preceding and foregoing instrument,and acknowledged the execution orlhe some,and being by nle duly sworn,
• deposed and says that he/she is the said Attorney-In-Fact for the Company aforesaid,and that the seal affixed to the
foregoing instrument is the corporate seal of said Company and that said corporate seal and his/her signature were
' duly affixed and subscribed to the said instrument by the authority and direction of the said Company.
In Witness Whereof, 1 have hereunto set my hand affixed my official seal this ay and year first above written,
f:ommissian lixnires•a7.61•(19 .tiL�i;/J.�lt� L'Z��•°.>!7L.
DRt44p I Susan COlelmlll Notnq Public
'• Power of Attorney
' FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALI.MEN BY TFIESIi PRESEN'T'S:Thal the FIDELI'T'Y AND DEPOSIT COMPANY OF MARYLAND.a
corporation ot'the Slate of Maryland,by WILLIAM J. MILLS. Vice President,and ERIC D. BARNES,Assistant Secretary,
' in pursuance of authority granted by Article VI,Section 2,of the By-Lows of said Company, v n••tyare set loath on the
reverse side hereof and me perch ccrtilicd u+he in full force and cl'Icct on the dote h (c�[� Cr�h nominate,constitute
and appoint M.1.. DANIEL,John S. 11fOURA1.1.,Sheri A. LUIVDENsr{t � HElCugditS?n COLEMAN,all of
Indianapolis,Indiana, EACH its true and lawful agent land uLtr ��n • nnttk ¢�tI�cep. •511:Lid deliver, for,tad on
its behalf its surety,and as its net and decd: any an o II + s g mnil tUYt�!)1ln txccution of such honds or
' undertakings in pursuance of these press n (�hjd����india'ypc�pr,i �t111nn',as fully and amply,to all intents and
purposes,as il'ihey had hero du t I Wtd ail uyw� yy&- ularly elected officers of the Company tit its office
' in Baltimore.Md.,i�4J v t a c r�n j1�M copy Tlne said Assisunm c ar + tat I hat the extract set tomb on the reverse side hereol'is a true co of Article VI,
Section 2,of the ByE� + P lin�nl.any,tad is now in time.
' IN WITNESS WI PR •OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 41h day of August,
A.D.2(x)5.
' A77EST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
'�c orroJ,,
t� ,+ N (, l
N By:
Stole of ptrylnod l ss: Cris D. Barnes Assistant Sccre trry Pilfir0u J. Affls ;
Vice President
' City Of Bahinmrc f
On this 4th day of August, A.D. 2005, before the subscriber, it Notary Public of the Sufic Of Maryland, duly
commissioned and qualified,came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the
' FIDELITY AND DEPOSIT COMPANY OF MARYLAND, u, me personally known un be the individuals and officers
described in Lind who executed the preceding instrument,and they each acknowledged the execution of ific same, and being
by me duly sworn,severally and each for himself deposedn and saith,that they are the said officers of dnc Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and that [lie said Corporate Seal
'
and their signatures its such officers were duly affixed and subscribed to the said Instrument by the authority and direction of
the said Corporation.
IN 1'ES'rIMONY WHE=REOF, I have hereunto set my hand and affixed my Official Scal the day and year firs) above
' written.
,d+piia,gpti
`a'iinv�tt`c�.
(, ..
a J,r F Vic. 1\J arr
Marla D.Acictrn.skl NOtnn•Public
My Commission Expires: July B,200
1•
POA•F 044.0268C
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND •,
"Article VI,Section 2. The Chairman of the 0oard,or the President,or any Executive Vice-Presidem, or tiny of the Senior '
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Comtuiuce,
shall have power, by and with the concurrence of the Secretary or tiny one of the Assistant Secretaries, to appoint Resident
Vice-Presidents. Assistant Vice-Presidents and Attorneys-in-Fact us the business of the Company may require, or to ,
authorize any person or persons to execute an heltalf of the Company tiny bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of morigages....and to affix the sett of the Company thereto."
1
CERTIFICATE '
1,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify
that the foregoing Power of Attorney is still in full lihrce and effect on the date of this certificate;and I do further certify that ,
the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized
by the Board of Directors to appoint tiny Attorney-in-Fact as provided in Article VI. Section 2, of the By-Laws or the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may he signed by facsimile under and by authority of the following resolution of tie ,
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically '
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon u certified copy of any power of attorney issued by the Company, shall he valid and
binding upon the Company with the sonic force and effect as though manually affixed."
IN TESTIMONY WHEREOR I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this 21st day of April 2006 '
,
AWitam Serarmny
1
1
I
ACORD_ 05/03
„ CERTIFICATE OF LIABILITY INSURANCE DATE(MM/20006 6
PRODUCER - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
GIVEN b BRIDGEMAN INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
0. BOX 398 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
AX 618-382-5346 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
CARMI, ILLINOIS 62821-0398 INSURERS AFFORDING COVERAGE
HUFF SEALING CORPORATION wsunE--_ ___ BITUMINOUS- CASUALTY_CORP.- ________
IGSUnERB --A.. .I._G.-------- ----------.�—____
' }{tyTY 15 E SURERC:_
W
P. 0. BOX 127 INSURERO_
ALBION, ILLINOIS 62806-0127
INSURER E.
COVERAGES
' THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REOUIREMENT, 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.
' 'At" "BLICVEFFECTIVE TFOLICYE%PI 01NT '---
7YPE OF INSURANCE POLICY NUMBER I --- LIMITS
LTR A GENERAL LIABILITY I EACH OCCURRENCE S,]_ OOG GOO
x, COMMERCIAL GENERAL LIABILITY CLP 3 214 812 B 07/01/05 07/01/06 FInEDAMAOE(Anyonuore)_ s 100!000
' 7CLAIMS MADE XX OCCUn _MED EXP(Anyona Pa,onl S 5)000_
PERSONALAADVINJURV 51,000,000
GENERAL AGGREGATE $2,000,000
GEN L AGGREGATE !�7E LIMIT APPLIES PER: PRODUCTS COMP/OP AGO 32 000 000
' POLICY IX I PRO' LOC —!IrCT
A AUTOMOO(LELIAOILITY CAP 3 214 813 B '07/01/05 :07/01/06
ANY AUTO I (Ea swaontSINGLE LIMIT 51,000,000
' ALL OWNED AUTOS V
OO pa INJURY S
X SCHEDULED AUTOS (Pe,potion)
X_ HIRED AUTOS �A1 p- BODILY INJURY
ND"WNED AUTOS 'INSURANcE'p!1/LL1uw. IParawdont) S
PROPERTY DAMAGE
I B ; (Par awdenD $
GARAGE LIABILITY I AUTO ONLY EA ACCIDENT S _
ANY AUTO Date: OTHER THAN EAACC S
AUTOONLY: AGG S
EXCESS LIABILITY EACH OCCURRENCE IS
' OCCUR CLAIMS MADE AGGREGATE S _
$
DEDUCTIBLE
_ f
RETENTION $ S
WOBKERSCOMPEtLITY AND _�TOflY_LLMITS]CX�-F•R__�,_.
EMPLOYERS'UABIUIY E L.EACH ACCIDENT`.S 500.000-
B WC 151-42-19 06/01105 06/01/06 EL.DIS_EASE•EAEMPLOYE $ 500,000_
�4.DISEASE•POLICY LIMIT I S
OTHER
' DESCRIPTION OF OPERATIONWLOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT(SPECIAL PROVISIONS P E -- —
SEALCOAT-STRIPING. The City Of Jefferson City, Missouri is included as Additon Insured for
General Liability and Automobile Liability for work arising out of the performanence of Profec
#AIRE 035-40B. This coverage shall be primary and non-contributory to any insurance maintaine
by the Addition Insured. A Waiver of Subrogation is hereby granted in favor of the Addition
Insured where permitted by law.
' CERTIFICATE HOLDER I I ADDITIONAL INSURED:INSURER LETTER: CANCELLATION
DEPARTMENT OF COMMUNITY DEVELOPMENT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
w 20 ty of Jefferson DATE 1HEREOF,THE ISSUING INSURER WILLXXOSAVW)I3MAIL 30 DAYS WRITTEN
EN
E. McCarty Street NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,OUT FAILURE To DO SO SHALL
Jefferson City, MO 65101 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS On
REPRESENTATIVES,
AUTHORIZE REPP ESE:
ACORD 26•S(7/87) L.t:oACORDCORPORATfON 198
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the pollcy(les) 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 andorsement(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.
•
ACORD 25-S(7/87)
ACORD INSURANCE BINDER 05/01/ATE
2006
THIS BINDER IS A TEMPORARY INSURANCE CONTRACT,SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM.
PRODUCER PHONE 618 382-5344 COMPANY BINDERe
FAX No 618 382-5346 BITUMINOUS CASUALTY CORP. OCPL3214815
EFFECTIVE EXPIRATION
IVEN & BRIDGEMAN INC. _DATE_ _TIME - DATE TIME_
ATTN: JOHN GIVEN 0 — x AM — x 12:01 AM
05/01/2006 12:01 ` 1 05/01/2007
P. O. BOX 39B _ � _PM NOON_
Carmi, Illinois 62821=0398 THIS BINDER IS ISSUED TO E%TEND COVERAGE IN THE ABOVE NAMED COMPANY
CODE: BUD CODE_ PER EXPIRING POLICY e:
AGENBY -- -- —-- ----
OESCOIPTION OF OPERATIONBNEHICLEBIPROPERTY(IOCNdIBQ Locetlon(
INSURED The City of Jefferson City, Missouri Huff Sealing Corporation
City Project No. 61019 P. 0. Box 127, Albion, IL 62806
' Contract 0 AIRE 035-40B
Jefferson City Project No. 61019
Cost $317,633
' COVERAGES — -- LIMITS
—`
TYPE OF INSURANCE COVERAOEIFORMS DEDUCTIBLE COIN9X AMOUNT
PROPERTY CAUSES OF LOSS
BASIC 1-1 BROAD[7]6PEC
—�
GENERAL LIABILITY EACH OCCURRENCE _ S _
COMMERCIAL GENERAL LIABILITY FIRE DAMADE(Any ono fire) S
' �CUAMS MADE COCCUR MED EXI, Any_wo PoLii ) S
PERSONAL A ADV INJURY S
GENERAL AGGREGATE S
' AUTOMOBILE LIABILITY PETRO DATE FOR CLAIMS MADE: PRODUCTS•COMPIOP AGO S
COMBINED SINGLE LIMIT _ S
ANY AUTO BODILY INJURY(Pot Fewn) S
ALL OWNED AUTOS BODILY INJURY(POreaMOnt) f
SCHEDULED AUTOS PROPERTYDAMAOE__ f
HIRED AUTOS MEDICAL PAYMENTS S _
' NON-OWNED AUTOS PERSONAL
�PROT
RE M 3
AUTO PHYSICAL DAMAGE DEDUCTIBLE ALL VEHICLES a SCHEDULED VEHICLES ACTUAL CASH VALUE
' COLLISION: —_ — STATED AMOUNT S
OTHER THAN COL: OTHER
GARAGE LIABILITY AUTO ONLY•EA ACCIDENT_ S _
ANYAUTO I OTHER THAN AUTO ONLY__
I— EACH ACCIDENT S
AGGREGATE S
' EXCEBS LIABILITY EACN OCCURRENCE _ f _
UMBRELLA FORM AGGREGATE_
OTHER THAN UMBRELLA FORM PETRO DATE FOR CLAIMS MADE: SELF•INSURED RETENTION S
__J WCSTATUTORYLIMITS
WORKER'BANDPENeAnON E.L.EACH ACCIDENT_ f
EMPLOYER'S LIABILITY E.L.DISEASE•EA EMPLOYEE_ S
E.L.DISEASE•POLICY LIMIT f
' SPECIAL T
Owners & Contractors Protective Liability Policy FEES
OTHOtnONSr OOCPL3214815, $2,000,000 Each Occurrence, $2,000,000
A%
COVERAGES EB
EBTIMATEDTOTALPREMIUM S
' NAME d ADDRESS
DEPARTMENT OFG COMMUNITY DEVELOPMENT _ MORTGAGEE ADDITIONAL INSURED
ty of Jefferson LOSSPAYEE _
__i
0 E. McCarty Street LOAN"
' Jefferson City, MO 65101
AUTHORIZED REPRESENTATIVE
' ACORD 75-S(1/98) NOTE:IMPORTANT STATE I FORMATION ON REVERSE SIDE O ACORD CORPORATION 1993
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 pollcy(les)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 '
staling 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 Delaware '
The mortgagee or Obligee of any mortgage or other Instrument given for the purpose of creating a Men on real
property shall accept as evidence of Insurance a written binder Issued by an authorized Insurer or Its agent If
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 Florlda ,
Except tot 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. ,
ACORO 76-S(1196) ,
1
' ADDENDUM NO. 1
' Jefferson City Memorial Airport
Sealcoat, Joint and Crack Seal, Pavement Markings, and Gate
State Block Grant Project No. AIRE 035-40B
City Project No. 61019
MARCH 30, 2006
1. The bidder will acknowledge receipt of this Addendum and his acceptance of Its
conditions by dating item "I" under the"Acknowledgements by Bidder" contained
in the attached bid form package.
2. The quantities for"Crack and Joint Sealing Bituminous Pavement" have been
updated to include 46,000 linear feet rather than 15,000 linear feet. The
' "Summary of Quantities" on Sheet 2 of the plan set and the quantities listed
under"Contract Work Items" portion of Section 1 of the "Notice to Bidders" are
also changed to read 45,000 linear feet of"Crack and Joint Sealing Bituminous
' . Pavement" rather than 15,000 linear feet.
3. Bidder shall submit the revised seven (7) page bid form package (attached). The
requirement that"no part of the project manual that Is bound may be
removed or detached"contained in Section 2, "Instructions to Bidders" Is
hereby eliminated. All other requirements contained within Section 2,
"Instructions to Bidders" remains In effect, including the submittal of a bid bond or
other approved bid guarantee in the amount of 6% of the amount of the bid.
>' CITY OF JEFFERSON, MISSOURI
PATRICK E. SULLIVAN, P.E.
DIRECTOR OF COMMUNITY DEVELOPMENT
'1
10
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From:X COMMUNITY DEVELOPMENT 573 634 6457 03/30/2006 16:45 #314 P.003/014
�•
1 PROPOSAL FORM (REVISED DV ADDENDUM NO. 1)
Stale Block Omni Project No.AIRE 1135408
Scalcoal,Joint and Crack Seal,Pavement Markings,and Gale
Projt:ct No.61019
' TO: Cary of Jefferson
Tlic undersigned,in compliance with the request for bids for construction of the foltowing Project:
To fnswhb all labor, materials,e*pmeat and performing all work necessary to Jniat and crack sal,seal
coat,pavemnH marking removal,new pavement markings,and Rate.
' hereby proposes to famish all labor, pemtits. material, machinery, tools, supplies and equipment to faithfully
perform all work required for construction of the Project In accordance with the project manual,project drawings
and issued Addenda within the specified time of performance for the following prices:
' BASE BID
APPROX.
1111) FAA at rILM DESCRIM'ION QUANIIY UNrr PRICE EXTINSION
n'Em wDar AND UNTM
' SPEC.
DOLLARS CTS DOLLARS CTS
I MO-100 Mobilization 1
N , Sam
2 MO-623 Pavement Marking 105,00D
. Removal S.F. 9 0 O O
3 MO-622 Crack A.Joint Seal 45,000
' BitumittonsPavement L.F. OD
4 MO-623 Pavement Friction 81,1100
Scaleoat Surface S.Y.
' Treatment 1,91AI. 096 C, D
S MO-620 Pavement Markings White 81,000
S.F. D d
6 MO-620 Pavement Marking Yellow 17,300
S.F. 7P V901 00
7 MO-020 Pavement Marking Bieck 13,500
F. 7 S D
' 8 MO-162 22'Canlllevcr Gate I Each
9 MO 162 fi Chain Link Fence 1 311 L.F. -go—
TOTAL BID(Base Bid)
i 3 00
1
1•
■
' MAR-30-2006 THU 03:53PM ID: PAGE:3
'• ACKNOWLEDGEMENTS BY BIDDER
' a. By submittal of a proposal, the BIDDER acknowledges and accepts that the quantities established by the
OWNER are an approximate estimate of the quantities required to fully complete the Project and that the
estimated quantities are principally intended to serve as a basis for evaluation of bids. The BIDDER
further acknowledges and accepts that payment under this contract will be made only for actual quantities
and that quantides will vary in accordance with the General Provisions subsection entitled"Alteration of
Work and Quantities".
b. The BIDDER acknowledges and accepts that the Bid Documents arc comprised of the documents identified
within the Instructions to Bidders. The BIDDER further acknowledges that each the individual documents
that comprise the Bid Mftments are complementary to one another and together establishes the complete
' terms,conditions and obligations of the successful BIDDER.
c. As evidence of good faith in submitting this proposal,the undersigned encloses a bid guaranty in the form
of a certified check or bid bond in the amount of 5%of the bid price. The BIDDER acknowledges and
accepts that refusal or failure to accept award and execute a contract within the terms and conditions
established herein will result in forfeiture of the bid guaranty to the owner as a liquidated damage.
d. The BIDDER acknowledges and accepts the OWNER'S right to reject any or all bids.
c. The BIDDER acknowledges and accepts the OWNER'S right to hold all Proposals for purposes of review
and evaluation and not issue a notice-of-award for a period not to exceed 60 calendar days from the stated
date for receipt of bids,
f. The undersigned agrees that upon written notice of award of contract, he or she will execute the contract
N within thirty (30) days of the notiecof-award, and furthermore, and provide executed payment and
performance bonds within fifteen (15) days from the date of contract execution. The undersigned accepts
that failure to execute the contract and provide the required bonds within the stated timeframe shall result
in forfeiture of the bid guaranty to the owner as a liquidated damage.
g. Time of Performance: By submittal of this proposal, the undersigned acknowledges and agrees to
commence work within ten (10) calendar days of the date specified in the written"Notice-to-Proceed" as
issued by the OWNER The undersigned further agrees to complete the Project within 55 working days
from the commencement date specified in the Notice-to-Proceed.
' h. The undersigned acknowledges and accepts that for each and every Calendar day the project remains
incomplete beyond the contract time of performance, the Contractor shall pay the non-penal amount of
$500 per Working day as a liquidated damage to the OWNER.
1. The undersigned prime contractor, if not a MoDOT certified DBE, hereby assures that they will
subcontract 0 percent of the dollar value of the prime contract to DBE firms or make good faith efforts to
meet the DBE contract goal. In addition, the prime contractor will include the DBE clauses (see
' Supplementary Provision No. 6 of the Federal and State Provisions)required by the DBE Program adopted
by MoDOT and the city in all contracts and subcontracts relating to this project The undersigned will
complete the DBE Participation information included herein, when a DBE goal has been established,
' including a demonstration of good faith efforts if the DBE goal is not met. If the undersigned prime
contractor is a MoDOT certified DBE firm, then the prime contractor must perform at least thirty percent
(30°/a)of the total contract value work with its own forces,and will receive DBE credit for all work which
the prime contractor and any other MoDOT certified DBE firm performs directly.
'•
J. The BIDDER, by submission of a proposal, acknowledges that award of this contract is subject to the
provisions of the David Bacon Act and the Missouri Prevailing Wage Law. The BIDDER accepts the
1
' From:JC COIt1MUJITY DEVELOPMENT 573 634 6457 03/30/2006 16:46 #314 P.005/014
'• requirement to pay prevailing wages for each classification and type or worker as established In the
' auschad wage rate determinations as issued by ilia United Stoics Department of Labor and ilia Missouri
Division of Labor Standards. The BIDDER further acknowledges and accepts their requitement to
incorporate the provision to pay ilia established prevailing wages in every subcontract agreement entered
into by the Bidder under this project. The highest rate between the two(Federal and Slate) for each job
classification shall be considered the prevailing wage.
k. Compliance Reports (41 CFR Pats 60.1.7): Within 30 days after award or this contract, the
Contmctor/Subcontmcior shall rile a compliance report (Standard Form 100) if s/he has not submitted a
complete compliance report wiildn 12 months proceeding the date of award. This report is required if the
Contractor/Subeonimclor meets all of the following conditions:
' 1. Conlmctors/Subcontractors arc not exempt band on 41 CFR 6161,3.
2. Has 50 or more employees.
3. Ilia prime contractor or first liar subconlmclor.
' 4. There is a contract,subrontract,or purchase order amounting to$50,000 or more
I. The undersigned acknowledges rccapi of the rollowing addenda:
Addendtun No, j_ _ _ dated March 30,NNKi Date Received 3 Jo .2e d
Addendum No, dated Date Received
' Addendum No, dated_ Date Received
Addendum No, dated Date Received
Addendum No, dated Dam Received
' REPRESENTATIONS BY BIDDER
By submittal ors proposal(bid),the BIDDER represents the following:
' n The BIDDER has rod and thoroughly examined the bid documents including all aarhorirad addeda.
b, Tho BIDDER has a complete understanding of ilia terms and conditions required for the saliswory
performance of pmjea work
' c. The BIDDER has fully informed thcmmnTves of the project site, the project rile conditions and the
surrounding area.
d. The BIDDER has %ralliadred themselves of the requirements or working on an operating airport and
udeAards the conditions that may In tiny manner affect coat,progress or performance of the work
' c. 'flee BIDDER hat;correlated their obsarvntions with that of the pmjw documents,
F. The: BIDDER has found no ctrors,conflicts,ambiguities or omissions in rte project documents,except as
previously submitted In writing to the owner that would affect cost,progress or perton anoc or Ilia work.
g. Tea BIDDER b fsmillar with all applicable Fcdctal,State and load laws,mhs and regulations pertaining
to execution of the contract and the project work.
It. The BIDDER has complied with all requirements of these instmellonts and the associated project
doaunents.
1
MAR-30-2006 THU 03:54PM ID: PAGE:5
From:JC COMMUNITY DEVELOPMENT 573 634 6457 03/30/2006 16:46 #314 P.006/014
,• CER'1'INICA'fIONS BY BIDDER
a. The undersigned hereby declares and certifies that the only parties Interested in this proposal arc named
hcrcin and that lids proposal Is made without collusion with any other person. firm or corporation. The
undersigned further ccnifics that no member, officer or agent of OWNER'S fins direct or indirect
financial interest in this proposal.
b. Cerdfkation of Nan-Segregated FaciliBn (41 CFR Pan 6(W.8)
The BIDDER, as a potential federally-ussislcd construction contractor,cenifles that It 'does not maintain
or provide, for its employes, any segregated facilities ul any of its establishments and that It does not
pennll Its employes to perfaro)their services nt any location,under its control,where scgro(mted facilities
nre maintained. The BIDDER ccnifles that it will not maintain or provide,for its employees,segregated
facilities of any of its establishments and [lull It will not permit its employees to perform their services at
any location under its control where segregated facilities are mainained. The Bidder agrees that a breach
of this certification is a violation of the Equal Opportunity Clause, which is to be incorporated in the
' contract.
As used in this cenitiation, the term "segregnted facilities" means any waiting rooms, work areas.
' restrooms,and washrooms, restaurants mid other eating areas,timeclodts,locker rooms and other storage
or dressing nrcas, parking has.drinking fountains, recreation or entertainment areas,transportation,and
housing facilities provided for employees which are segregated on die basis of race, color, religion, or
national origin because or Imbit, local custom,or any other reason. Tho Bidder agrees that(except where
It has obtained identical certifications from proposed subcontractors for specific time periods) it will
obtain identical wnifiations from proposed subcontractors prior to the award of subcontracts exceeding
f 10,(x)(1 which ate not exempt from(he provisions of the Equal Opportunity Clause and that It will retain
N such certifications in its files.
c. Trade Restriction Cerlificatlon(49 CFR Pat 30)
The Bidder,by submission of an offer certifies Ihnt it:
I. Is not owned or controlled by one or more citizens of a foreign gantry included In the list of
countries that discriminate against U.S. firms published by the Office of the United States Trade
Representative(USTR);
2. Ira nor knowingly entered into any contract or subcontract for this project with a person that is a
citircn or national of a foreign country an said list,or is owned or controlled directly or indirectly
by one or more ciiirans or nationals of foreign country on said Its(,
' 3. boa nod procured any product nor subcontracted for the supply orany product for use on the project
that is produced in a foreign country on said list,
' d. Certification Regarding Debarment,Suapeasion, Ineligibility and Voluntary Exclusion(49 CFR Part
29)
The Bidder certifies,by submission of this propaml,llmt 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. It further agres by submitting this proposal that It will
Include this clause without modification in all lower tier transactions,solicitations, proposals, contracts,
and subcontracts. Where the Bidder or any lower tier participant is unable to certify to this simancnt, it
shall attach an explanation to this sodieitatioutproposal.
c. Buy American Certification(Title 49 U.S.C. Chapter 30 1)
' By subr lithng a proposal under lids solicitation,except for those items listed by the Bidder below or ore a
separate and clearly identified attachment to this bid/proposal, the Bidder certifies that steel and cacti
. manufactured product, are prod need in the United States, its defined in the clause Buy American -Sleet
MAR-30-2006 THU 03:54PM ID: PAGE:6
Fran:JC ONOITY DEVELWNT 573 634 6457 03/30/2006 16:46 #314 P.007/014
'1
• and Nimmracturocd Products for Construction Contracts) and Ihal components of unknown origin are
considered to have been produced or manuhcturcd outside the United States,
Bidder may obtain from the owner a listing of anicies, materials and supplies excepted from Ilds
provision.
? Pmdoet CovatryoforiOn
1
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1:
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1
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MAR-30-2006 THU 03:55PM IDt PAGE:?
r From:JC COMMUNITY DEVELOPMENT 573 634 6457 03/30/2006 16:47 #314 P.008/014
r•r DISADVANTAGED BI151NESS ENTERPRISE(DBE)PARTICI I�TION
The infornwtion shown in this section must be completed when a DBE contract goal has been established. The
pcncmago most equal or exceed the DBE contract goal, if the perceniagc is below the contract goal, then the
bidder must submit complete written documentation of good Will efforts taken to nlee)the DOE cxmtmct goal.
u. The undersigned submits the following list of DBE's to be used in accomplishing the work of tills contract.
r
The work, supplies or services, applicable value and percent of total federal contract each DBE is to
perform or furnish is as follows:
b• Joint ventom with a DBE. Tlto undersigned submits the following list of bid items the DBE prime is
responsible for and any Items that will be subcontracted out arc noted with an asterisk or a similar notation.
The work,applicable value and peasrnage of total federal contact the DBE prime is msponsiblc for ate as
follows:
' Bid Item %of %of
Numbc(s) $Value "$Value S Amount Total
' DBE Name and Address Or work or DBE Work Applicable Applicable to Federal
1'crfornrod to DBE DBE Goal Contrace
Goal
r
N
r
r
' TOTAL DBE PARTICIPATION S %
*sCamtot exceed contract amount for given heft of wodc.
r (Please reproduce lim above sheet if additional space Is needed.)
r
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MAR-30-2006 THU 03:55PM ID: ppl;p;p
' From:JC COMMUNITY DEVELOPMENT 573 634 6457 03/30/2006 16:47 #314 P.009/014
'• SIGNATURE OF KIDDER
'Ilia undersigned slues that the correct LEGAL NAME AND ADDRESS of(1) ilia individual bidder, (2)each
partner ar joint venturer(whether individuals or corporations,and whether doing business under n fictitious name),
' or(3)the corporation (with the slate in which it is incorpomted) am shown below, that (if not signing with the
Intention to bind themselves to become responsible and solo bidder)they am the agent or,and they am signing and
executing this(as indicated In The proper spaces below)as the bid of a
' O solo Individuar O partnership ( )Jobu ventum
(VIOcirrporation,incorporated under the laws of state of —Z-//,
7
Executed by bidder this .3 day of Qo r r i ( 20 42e
1 Name or individual,
all partners
or joint venturers: Address of each:
1
N doing business under the ru me oP. Address of principal place of business in
Missouri:
r /y7.17 Qjsi,
(if using a fictitious name,show this name
above in addition to legal names)
M��Jutina �rDe�a.•fiin �W�4 F. Pn. Qaci� 7
(if a corporation,allow its trame above) xa
A (SEAL
' w �c
( igneture) sc=Iary (Signature) ' (Tithe ,`'F'pRPQ
please print name Please print name
' NOTE: If bidder Is doing business under a fictitious mite, to bid shall be executed in the legal mania r
individual partners,joint ventures,or corporation,with the legal address shown,and registmton of fictilious manic
(tied with the secretary of state,as required by sections 417.200 to 417.230 RSMo.If de bidder is a corporation not
organized under the laws of Missouri, it slali procure a wrialaate of authority to do business in Missouri, as
roqul rod by section 331.572 at s oq RSMo.
1•
MAR-30-2006 THU 03:55PM ID: PAGE:9
Fidelity and Deposit Company of Maryland
Home Office:P.O.Box 1227,Ealtimore,MO 21207.1227
•
BID BOND
KNOW ALL MEN BY THESE PRESENTS:
That we,
' Huff Scaling Corporation Hwy IS E;Albion,IL 62906
as Principal,(hereinafter called the"Principal'),and
Fidelity and Deposit Company of Maryland
9229 Delegates Row,Suite 300;Indianapolis,IN 46240 a corporation duly organized under the laws of the State of
Maryland as Surety,(hereinafter called the"Surety"),are held and firmly bound unto
City of Jefferson;320 E.McCarty Street;JefTcrson City,MO 65101
as Obligee,(hereinafter called the"Obligeg2a in the sum of Five Percent of the total amount of the bid
Dollars(S 5% of the total amount of the ),for the payment of which sum well and truly to be made,the said Principal
and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally,
' firmly by these presents.
' WHEREAS,the Principal has submitted a bid for
City of Jefferson Jefferson City Memorial Airport;Scalcoat,Joint and Crack Seal,Pavement Markings,
Mand Gate;City Project No.61019;State Block Grant Project No.AIRE 035.40E
NOW,THEREFORE,if the Obligcc shall accept the bid of the Principal and the Principal shall enter into a contract
with the Obligee in accordance with the terms of such bid and give such bond or bonds as may be specified in the bidding
or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt
' payment of labor and material furnished in the prosecution thereof,or in the event of the failure of the Principal to enter
Into such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the
penalty hereof between the amount specified in said bid and such larger amount for which the Obligec may in good faith
contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise
' to remain in full force and effect.
Signed and sealed this 4th— day of April A D. 2006
' STATE OF INDIANA
' County of Marion
On this 4elr day of April 29-L6 before the subscriber,a Notary Public of the Slate of Indiana, In and
' for the County of Hendricks,duly commissioned and qualified,came John S. Modrall.Attomey-In-Fact of the
Fidelity and Deposit Company of Maryland,to me personally known to be the individual described in,and who
executed the preceding and foregoing instrument,and acknowledged the execution of the same,and being by me
duly swum,deposed and says that he/she is the said Attorney-In-Fact for the Company aforesaid,and that the scat
affixed to the foregoing instrument is the corporate seal of said Company and that said corporate seal and his/her
• signature were duly affixed and subscribed to the said instrument by the authority and direction of the said
Company.
In Witness Whereof,I have hereunto set my hand affixed rap Offrctal seal tl•s day and year first above written.
1 Commission Exaircr.07.04119 J(L/1� -
,1 Susan Coleman Notary Public
08(44)11
'• Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
' KNOW ALL MEN BY THESE PRESENTS:Thal the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a
corporation of the State of Maryland,by WILLIAM J.MILLS,Vice President,and ERIC D. BARNES,Assistant Secretary,
In pursuance of authority grunted by Article VI,Section 2,of the By-Laws of said Company, are set forth on the
reverse side.hereof and are hereby certified to he in full force and effect on the date h c b nominate,constitute
and appoint M.L.DANIEL,John S.MODRALL,Sheri A.LOWDETyN� n COLEMAN,all of
Indianapolis,Indiana, EACH its true and lawful agent and ¢ nd deliver, for,and on
its behalf as surety,and as its act and decd: any erg n xecution of such hands or
undertakings in pursuance of these prese f*11 °s itt�in i us fully and amply,to all intents and
purposes,is if they had been d �S t J lert 11 ularly elected officers of the Company at Its office
in Baltimore, ista imusp cr IFyI
The said Assistant hat the extract set forth on the reverse side hereof is u We copy of Article VI,
Section 2,of the By-I'm any,and is now in force.
IN WITNESS W R OF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
' affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 41h day of August,
A.D.2005.
' ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
y+vac eww
By:
NEric D. Barnes Assistant Secretary William J. Mills Vice President
Smtc of Maryland lss;
City of Baltimore fJ
' On this 4th day of August, A.D. 2005, before the subscriber, a Notary Public al' the State or Maryland, duly
commissioned and qualified,came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES,Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the some, and being
by me duly sworn,severally and each lbr himself deposeth and saith,that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
' and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
' written.
`/utnyrt,f*
Maria D.Adantski Notary Public
' My Commission Expires: July 8,2007
' POA•F 04.0258C
OP ,
,rw 's
,• City of Jefferson s e John Landwehr Mayor
' Department of Community Development Patrick E.Sullivan,P.E.;Director
320 East McCarty Street Phone: (5731634-6410
Jefferson City, Missouri 65101 Fax: (S73)634-6562
' March 30, 2006
' Prebid Meeting Attendees and all Plan Holders
Subject: Jefferson City Memorial Airport-Seaicoat,Joint and Crack Seal,Pavement
Markings, and Gate
Pre-bid Conference—March 28,2006
Summarized Questions and Responses
' A pre-bid conference was held in the small conference room of City Hall on Tuesday, March 28, 2006
for the above noted project. Those attending the meeting are as listed below:
1. Rob Huff; Huff Scaling
2. Gary Oldelehr; City of Jefferson
' 3. Britt Smith; City of Jefferson
4. Glen Stratman; Missouri Department of Transportation—Aviation Section
5. Gene Williams; City of Jefferson
6. John Voss; City of Jefferson
The meeting proceeded with a general discussion of the planned project and an overview of the
specifications. This memorandum summarizes the proceedings of that meeting and the specific
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:
' No questions will be allowed after 12:00 PM,Thursday, March 30, 2006.
' ADDENDUMS: One(1)dated March 30, 2006
CONTRACT TIME: 35 working days
DBE REQUIREMENT: 0%
BID OPENING: Tuesday, April 4,2006 at 1:30 p.m.
LIQUIDATED DAMAGES: $500.00 a day.
'• ity M ...
.,,
�efferson pt-
COMMUNITY DEVELOPMENT "building a better convmlnily"
March 30,2006 2
,• BID PACKET: NOTE: IT 1S NOT NECESSARY TO SUBMIT THE ENTIRE
' SPECIFICATION BOOK FOR THE PROJECT. The bid packet includes:
1. PROPOSAL FORM (REVISED BY ADDENDUM NO. 1)
2. ACKNOWLEDGEMENTS BY BIDDERS (BIDDER MUST
ACKNOWLEDGE RECEIPT OF ADDENDUM NO. I
DATED MARCH 309 2006 ON THE FORM)
3. REPRESENTATIONS BY BIDDERS
4. CERTIFICATIONS BY BIDDERS
5. DBE PARTICIPATION WORKSHEET
' 6. SIGNATURE OF BIDDER PAGE
NOTE: BID GUARANTEE/BID BOND FOR 5% OF BID PRICE IS REQUIRED. ,
AIRPORT OPERATIONS COORDINATION and UTILITIES COORDINATION:
There will be extensive coordination between the Contractor and the Airport Manager during this
project. There will be no foreseeable coordination by the Contractor to be performed with the electric,
water, gas, and telephone companies. Any coordination between the Contractor and the Airport
' Manager or utilities shall be subsidiary to the project.
QUESTIONS/ANSWERS : (Received at the prebid meetine and those received by telephone, etc.
Mprior to 12:00 PM Thursday March 30,20061
QUESTION: When do you anticipate a Notice to Proceed?
ANSWER: The anticipated date would be May 15, 2006,
QUESTION: The crack sealing quantities appear to be low. Does the City plan on crack sealing the
seven(7) longitudinal cracks running along the entire length of the runway?
' ANSWER: City staff has taken another look at this issue, and we have issued an addendum to
increase this quantity from 15,000 linear feet to 45,000 linear feet.
' QUESTION: Will the City be crack scaling the taxiways and apron areas?
ANSWER: The majority of crack sealing will be performed only on the asphalt runway, and in
' particular, the longitudinal and transverse cracks. All other areas such as taxiways and
apron areas will be determined on a case by case basis, but we do not anticipate any crack
sealing on these areas any more than 300 to 400 feet as constructed. City staff will use
' orange paint to clearly indicate"off-runway' areas to be crack sealed.
QUESTION: Will the Contractor be allowed to combine Phase 2 and Phase 3?
'• ANSWER: Yes.
iit
y
j
�'ef�erson � (r�
" COMMUNITY DEVELOPMENT q building a better community"
1
March 30, 2006 _ 3
'± QUESTIONt Will the Contractor be required to cleanup any spillage on the staging area?
r .
ANSWER: Yes. Use common sense and try to keep a clean work staging area.
END OF QUESTIONS AND ANSWERS
Gene A. Williams, P.E.
' Engineering Division Director
i
c•. Matt Morasch
Project File
Writer's File
' All attendees
r 9Vty
of erson yyp
COMMUNITY DEVELOPMENT `__ _� "building a better community"