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HomeMy WebLinkAboutR-2023-002 Awarding Bid for Line Creek Trail and Approving Agreement with Dondlinger and Sons Construction CompanyRESOLUTION NO. R-2023-002 A RESOLUTION AWARDING THE BID FOR THE LINE CREEK TRAIL CONNECTOR AND APPROVING THE AGREEMENT BETWEEN THE CITY AND DONDLINGER AND SONS CONSTRUCTION COMPANY, INC. FOR CONSTRUCTION OF SUCH PROJECT WHEREAS, the City issued a request for bids for the construction of the Line Creek Trail Connector (Project No. 218-018) ("Project"); and WHEREAS, the City received five (5) responses to its request for bid and the proposal submitted by Dondlinger and Sons Construction Company, Inc. ("Dondlinger') in the amount of $543,367.00 has been evaluated by the City and recommended as the most advantageous proposal for performance of the project; and WHEREAS, the Board of Aldermen find it is in the best interest of the City to enter into a contract with Dondlinger to perform the Project; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: THAT the proposal of Dondlinger for the construction of the Project in the amount of $543,367.00 is hereby accepted and approved; and FURTHER THAT an agreement by and between the City of Riverside and Dondlinger in substantially the same form as attached hereto in Exhibit A and incorporated herein by reference is hereby authorized and approved; and FURTHER THAT the project is subject to the requirements of Section 292.675 RSMo, which requires all contractors or subcontractors doing work on the project to provide, and require its on -site employees to complete, a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration (OSHA) or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. Such training must be completed within sixty (60) days of the date work on the Project commences. On -site employees found on the worksite without documentation of the required training shall have twenty (20) days to produce such documentation; and FURTHER THAT the Mayor, City Administrator, City Attorney, and Finance Director are hereby authorized to execute all documents and agreements necessary or incidental to carry out the terms and conditions of such bid award and the City Clerk is authorized to attest thereto. PASSED AND ADOPTED by the Board of Aldermen of the City of Riverside Missouri the 3rd day of January 2023. ATTEST., Robin Kincaid, City Clerk EXHIBIT A Project Manual: 2022 Line Creek Trail Connector Project (218-018) (RTP 2021-05) PROJECT MANUAL 2022 LINE CREEK TRAIL CONNECTOR PROJECT PROJECT NO: 218-018 (RTP 2021-05) The City of Riverside, Missouri November 8, 2022 TABLE OF CONTENTS DIVISION 0 - BIDDING AND CONTRACT DOCUMENTS ADVERTISEMENT FORBIDS INFORMATION FOR BIDDERS BID FOR UNIT PRICE CONTRACT BID FORM BID BOND EXPERIENCE QUESTIONAIRE BUSINESS ENTITY CERTIFICATION, ENROLLMENTDOCUMENTATION AND AFFIDAVIT OF WORK AUTHORIZATION WITH E-VERIFY AGREEMENT EXHIBIT A PERFORMANCE BOND EXHIBIT B PAYMENT BOND EXHIBIT C STATE PREVAILING WAGE RATES ISSOURI EXHIBIT D TIME FOR COMPLETION EXHIBIT E SCOPE OF WORK EXHIBIT F TECHNICAL SPECIFICATIONS EXHIBIT G NOTICE TO PROCEED EXHIBIT H EXAMPLE - APPLICATION FOR PAYMENT FORM EXHIBIT I EXAMPLE - CHANGE ORDER FORM EXHIBIT I CERTIFICATE OF SUBSTANTIAL COMPLETION EXHIBIT K AFFIDAVIT OF COMPLIANCE WITH THE PREVAILING WAGE LAW EXHIBIT L CONTRACTOR AFFIDAVIT FOR FINAL PAYMENT EXHIBIT M SUBCONTRACTOR AFFIDAVIT FOR FINAL PAYMENT EXHIBIT N ENGINEER/CONSULT. CERT. for Acceptance & Final Payment EXHIBIT O FHWA 1273 EXHIBIT P CERTIFICATION REGARDING NON -SEGREGATED FACILITIES EXHIBIT Q CERTIFICATION REGARDING DEBARMENT, ETC. EXHIBIT El OF ORIGIN FORMS EXHIBITS STORMWATER POLLUTION PREVENTION PLAN SWPPP SPECIFICATIONS DIVISION 1 —GENERAL REQUIREMENTS Section I Description 01015 ONTRACTOR USE OF PREMISES 01030 SPECIAL CONDITIONS 01040 rOORDINATION 01051 ONSTRUCTION SURVEY AND STAKING 01060 TANDARD SPECIFICATIONS AND PLANS 01270 dEASUREMENT AND PAYMENT 01310 OB SITE ADMINISTRATION O1320 ONSTRUCTION SCHEDULE 01330 UBMITTALS 01410 'ESTING LABORATORY SERVICES 01524 IWASTE AREA, MATERIAL STORAGE AND SITE APPEARANCE 01567 POLLUTION CONTROL 01570 TEMPORARY TRAFFIC CONTROL 01732 DEMOLITION AND SITE PREPARATION 01800 ENVIRONMENTAL AND HISTORICAL PROTECTION DIVISION 2 — SITE WORK Section Description 02820 SEEDING AND MULCH TYPE 02923 FOPSOIL MATERIAL AND APPLICATION 03132 EOTECHNICAL DATA 05120 STEEL PEDESTRIAN BRIDGE DIVISION 0 - BIDDING AND CONTRACT DOCUMENTS CITY OF RIVERSIDE, MISSOURI ADVERTISEMENT FOR BIDS Separate sealed bids for the 2022 LINE CREEK TRAIL CONNECTOR PROJECT (218-018) will be received by the City Clerk at Riverside City Hall, 2950 NW Vivion Road, Riverside, Missouri until 10:00 A.M., on Thursday, December 8. 2022, and then publicly opened and read aloud at Riverside City Hall. A pre -bid meeting will be held on November 18, 2022 at 10:30 A.M. at Riverside City Hall. The Information for Bidders, Form of Bid, Agreement, Plans, Specifications, and Forms of Bid Bond, Performance and Payment Bond, and other Contract Documents may be examined at the office of the City Engineer at the above city hall address. Copies may be obtained at the office of Drexel Technologies, Inc. Plamoom, located at 10840 W. 86th Street, Lenexa, KS 66214, (913) 371-4430. Such documents will be at the contractor's expense. Such fee shall be non-refundable. Contract documents can also be viewed or downloaded at (https://Plmmom.drexeltech.com). The Information for bidders and advertisement can be viewed on the City of Riverside's website httyWwww.riversidemo.eov/rfos. The City reserves the right to waive any informality or to reject any or all bids. Attention of bidders is particularly called to the requirements as to conditions of employment to be observed and minimum wage rates to be paid under the agreement. This is an equal opportunity bidding event. MBE/WBE firms are encouraged to bid. Federal funds are being used for this project. All relevant federal, state, and local requirements apply. Bidders are notified that Buy America Act provisions are required (see Information for Bidders, item 20). Dated: November 8. 2022 CITY OF RIVERSIDE, MISSOURI INFORMATION FOR BIDDERS The City of Riverside, Missouri (the "City") invites sealed bids on the forms contained in the Bid Package and Contract Documents for the 2022 LINE CREEK TRAIL CONNECTOR PROJECT (Project No. 218-018) 1. Receipt and Ooenine of Bids. Bids will be received by the City at the office of the City Clerk, Riverside City Hall, 2950 NW Vivion Road, Riverside, MO 64150, until 10:00 a.m. on December 8. 2022, at which time all sealed bids will be publicly opened and read in the presence of one or more witnesses. The envelope(s) containing the bids must be sealed, clearly marked on the outside of the envelope "2022 LINE CREEK TRAIL CONNECTOR PROJECT (Project No. 218-018)" and addressed to the City Clerk at Riverside City Hall. The City reserves the right to award the contract by sections, to accept or reject any and all bids, to waive any technicalities or irregularities therein, to determine in its sole discretion the lowest responsive and responsible bidder, and to award the contract on such basis. Any bid may be withdrawn at the request of the bidder for return of the bid packet submitted by filing a written request with the City Clerk prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within 90 days after the actual date of the opening thereof without forfeiture of the Bid Security. 2. A Pre -Bid Meetine will be held on November 18, 2022 at 10:30 A.M. at Riverside City Hall 3. Refection of all Bids. If the City rejects all Bids, the City may: (1) re -advertise or re -solicit Bids following the City's normal bidding procedure; or (2) use an expedited Bid submission schedule when the City determines that the delay would not be in the best interest of the project or the City. BIDDER AGREES THAT REJECTION SHALL CREATE NO LIABILITY ON THE PART OF THE CITY BECAUSE OF SUCH REJECTION, AND THE SUBMISSION OF ANY BID IN RESPONSE TO THIS INVITATION SHALL CONSTITUTE AN AGREEMENT OF THE BIDDER TO THESE CONDITIONS. 4. Preparation and Submission of Bid. Each bid must be submitted on the prescribed form(s) and accompanied by: (1) Qualifications of Bidder (Experience Questionnaire) with Certificate of Good Standing (2) Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization with E-Verify attached (see Exhibit 1) (3) Certification of Non -Segregated Facilities (see Exhibit P) (4) Certification Regarding Debarment, Suspension and Other Responsibility Matters (see Exhibit Q) (5) Certification Regarding Lobbying (see Exhibit Q) (3) Bid Bond (4) Bid Form. All blank spaces for bid prices must be filled in, in ink or typewritten, and the foregoing Certifications most be fully completed and executed when submitted. On alternate items for which a bid is not submitted, a written indication of "no bid" on the bid form is required. No oral, electronic, facsimile or telephonic bids or alterations will be considered. A complete set of the bidding documents are on file for examination at the office of the City Engineer at Riverside City Hall. A copy of the bidding documents may be obtained from Drexel Technologies, Inc. Planmom fps://Planroom.drexeltech.com), located at 10840 W. 86th Street, Lenexa, KS. 66214, (913) 371-4430, upon payment of a non-refundable sum for each complete set. An additional charge may apply far mailing of bidding documents. CONTRACTORS SHOULD READ AND BE FULLY FAMILIAR WITH ALL BIDDING AND CONTRACT DOCUMENTS BEFORE SUBMITTING A BID. IN SUBMITTING A BID, THE BIDDER WARRANTS THAT IT HAS READ THE BIDDING AND CONTRACT DOCUMENTS AND IS FULLY FAMILIAR THEREWITH, THAT CONTRACTOR HAS VISITED THE SITE OF THE WORK TO FULLY INFORM ITSELF AS TO ALL EXISTING CONDITIONS AND LIMITATIONS, AND CONTRACTOR HAS INCLUDED IN THE BID A SUM TO COVER THE COST OF ALL ITEMS OF THE WORK. The submission of a bid will constitute an incontrovertible representation by the bidder that the Bid Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work. Bids by a corporation must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address shall be shown below the signature. Bids by a partnership must be executed in the partnership name and signed by a partner, whose title most appear under the signature and the official address of the partnership must be shown below the signature. 5. Addenda and Interpretations. No interpretation of the meaning to the specifications, or other pre -bid documents will be made to any bidder orally. Every request for such interpretation should be addressed to: Desian Enaineer: McClure, Matt Eblen; meblen(dmcclurevision.com with a copy to: Resident Project Representative, City of Riverside: Noel Bennion: nbennion(a),rivemidemo.eov and to be given consideration must be received by 5pm on November 30&, 2022. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the Bid Documents which, if issued, will be provided at the Drexel Technologies, Inc. Plamocm (https:0ulanroom.drexeltech com), not later than three (3) calendar days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become pan of the Contract Documents. Addenda may also be issued to modify the Bid Documents as deemed advisable by the City. At the time of Bid submission, each Bidder shall verify that it has considered all written addenda. No one is authorized to make any clarifications, interpretations or modifications or give any instructions to the bidders during the bidding period except as described in this Section. 6. Substitute Material and Equipment. The contract, if awarded, will be on the basis of material and equipment described in the drawings or specified in the specifications without consideration of possible substitute of "or - equal" items. Whenever it is indicated in the drawings or specified in the specifications that a substitute "or -equal" item of material or equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance will not be considered by City until after the "effective date of the Agreement'. 7. Subcontracts. As part of the experience questionnaire, the bidder shall submit to the City with the Bid a list of all proposed subcontractors to be used on the project. The list shall indicate those portions of the work each subcontractor will be performing. The Contractor shall also submit a list of suppliers of major materials to be used on the project. The list shall indicate which materials each supplier is furnishing. 7 The Bidder must be capable of demonstrating to the satisfaction of City that bidder has the capability at the time of submission of the bid to manage or perform all of the Work required to be performed on the project by Contractor under the Agreement. 8. Qualifications of Bidder (Experience Ouestionnaire). The City may make such investigations as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted. At a minimum, each Bidder must submit the following information with the Bid: Authority to Do Business in Missouri. Each bid most contain evidence of bidder's qualification and good standing in do business in the State of Missouri or covenant to obtain such qualification prior to award of the contract. Key Personnel. Identify the following Key Personnel proposed for the Project. (NOTE: Key Personnel must be committed to the Project for its duration, and may not be removed or substituted without the City's prior written consent.) GC Project Manager On -Site Field Superintendent QC/QA Manager Safety Officer For each of the Key Personnel, provide the following background information: • Years of employment with current employer; • Other projects this person will be involved with concurrently with the project; • Provide professional registrations, education, certifications and credentials held by the person that are applicable to the Project. Quality Assurance/Quality Control Plan. Provide a summary of Bidder's Quality Assurance/Quality Control Plan for this project • Describe key issues that might affect the Project schedule and how Bidder proposes in address them • Provide a statement regarding all work performed two (2) years immediately preceding the date of the Bid that contains either (a) any written notices of violations of any federal or state prevailing wage statute in which prevailing wage penalties were assessed against the Bidder or paid by the Bidder; or (b) a statement that there have been no such written notices of violations or such penalties assessed Statement of Assurances. Provide affirmation of the following items: • Statement that Bidder is current on payment of Federal and State income tax withholdings and unemployment insurance payments • Statement that the Bidder has not been rescinded or debarred from any bidding, contractual, procurement or other such programs by federal state or local entities. Statement of Bidder's litigation and/or arbitration history over the past seven (7) years including final ruling. Pending cases must be disclosed with a notation that the matter is still unresolved. • Statement of Bidder's bond history over the past seven (7) years including any incidences of failure to perform. • Provide sworn affidavits m outlined in the Information to Bidders' concerning Bidder's participation in the federal work authorization program. • Statement that there is no collusion or fraud with reference to illegal relationships of bidders and representatives of the City, bid pooling or strawbids 9. Bid Security. Each bid must be accompanied by a bid bond payable to the City for five percent (5%) of the total amount of the bid. A certified check made payable to "The Treasurer of the City of Riverside" may be used in lieu of a bid bond. Attorneys -in -fact who sign bid bonds must file with each bond a certified and effectively dated copy of their power of attorney. As soon as the bid prices have been compared, the City will return the bonds of all except the three (3) lowest responsible bidders. The bid bond of the remaining bidders will be retained by the City until the earlier of (a) the 91" day after the bid opening, or (b) execution and delivery of the Agreement together with all bonds, evidence of insurance, work authorization affidavit and other documents required under the Agreement by the bidder to whom Notice of Award is given. The Bid Security shall be forfeited to the City if the bidder to whom an award is made fails to enter into the required contract or fails to deliver the required performance or payment bonds. 10. Liauidated Damaees for Failure to Enter into Agreement. If the Bidder fails or refuses to execute the Agreement and deliver such additional documentation within ten (10) days of Notice of Award, any Bid Security shall immediately become due and payable and forfeited to the City as liquidated damages. Bidders agree that this is a fair and reasonable approximation of the actual damages incurred by the City for the Bidder's failure to honor its bid and that the liquidated damages in this Section are not penal in nature but rather the parties' attempt to fairly quantify the actual damages incurred by the City for the Bidder's refusal to honor its bid. 11. Time of Completion and Liquidated Damages. Bidder must agree to commence work on or before a date to be specified in a written "Notice to Proceed" of the City and to fully complete the project within 120 calendar days. Bidder must agree also to pay as liquidated damages, the sum of $500 for each consecutive calendar day thereafter as hereinafter provided in the Agreement and Contract Documents. No time extensions will be granted, except in case of unusual (unseasonable) weather conditions or additional work requested by the City. Bidder agrees that the sum of $500 per day is a fair and reasonable approximation of the actual damages incurred by the City for the Bidder's failure to complete the project within the time outlined above and that such liquidated damages in this Section are not penal in nature but rather the parties' attempt to fairly quantify the actual damages incurred by the City for such delays. 12. Conditions of Work. Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of its obligation to famish all material and labor necessary to carry out the provisions of the contract. Insofar as possible the Contractor, in carrying out the work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor. 13. Laws and Regulations. The bidder's attention is directed to the fact that all applicable State laws, municipal ordinances, and the rules and regulations of all authorities havingjurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed in be included in the contract the same as though herein written out in full. 14. Method of Award - Lowest Responsible Bidder. If at the time this contract is to be awarded, the lowest bid submitted by a responsible bidder does not exceed the amount of funds then estimated by the City as available to finance the contract; the contract will be awarded to the "lowest responsible bidder". If such bid exceeds such amount, the City may reject all bids or may award the contract on such items as identified by and deemed in the best interest of the City, in its sole discretion, as produces a net amount which is within the available funds. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. If this solicitation includes Bid Alternates, the City, in its sole discretion, may include any, all or none of the Alternates in determining the lowest responsible Bid. The City may include the Alternates in any combination and in any order or priority as deemed in the best interest of the City. The City may make this determination at any time after bid closing and prior to contract award. The City will act in the best interest of the City in determining whether to include any, all or none of the Alternates and the combination and priority of any Alternates selected. If additional funding becomes available after Contract award, the City may add any or all of the Alternates to the Agreement by Change Order. The City may consider the qualifications and experience of subcontractors and other persons and organizations (including those who are to famish the principal items of material or equipment) proposed for portions of the work. Operating costs, maintenance considerations, performance data and guarantees of materials and equipment may also be considered by the City. The City reserves the right to reject any and all bids, to waive any and all informalities, and the right to disregard all nonconforming, non -responsive or conditional bids. In evaluating bids, the City shall consider the qualifications of the bidders, whether or not the bids comply with the prescribed requirements, and alternates and unit prices if requested in the Bid. The City may conduct such investigations as it deems necessary to assist in the evaluation of any bid and to establish the responsibility, qualifications and financial ability of the bidders, proposed subcontractors and other persons and organizations to do the work in accordance with the Contract Documents to the City's satisfaction within the prescribed time. The City reserves the right to reject the bid of any bidder who does not pass any such evaluation in the City's satisfaction. If the contract is to be awarded, it will be awarded to the lowest responsible bidder whose evaluation, in the sole determination by the City, indicates to the City that the award will be in the best interests of the project. 15. Oblieation of Bidder. At the time of the opening of bids, each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the Contract Documents (including all addenda). The failure or omission of any bidder to examine any form, instrument, or document shall in no way relieve any bidder from any obligation in respect to the bid submitted. On request, City will provide each Bidder access in the site to conduct such investigations and tests as each Bidder deems necessary for submission of his bid. 16. Federal Work Authorization Program Particination. Bidders are informed that pursuant to Section 285.530, RSMo, as a condition of the award of any contract in excess of five thousand dollars ($5,000), the successful bidder shall, by sworn affidavit and provision of documentation, affirm its enrollment and participation in a federal work authorization program with respect to the employees working in connection to the contracted services. The affidavit shall further provide that the successful bidder does not knowingly employ any person who is an unauthorized alien in connection to the contracted services. 17. Proof of Lawful Presence. RSMo 208.009 requires that contractors provide affirmative proof that the Contractor is a citizen or permanent resident of the United States or is lawfully present in the United States. Affirmative proof can be established through a Valid Driver's License; US Birth Certificate (certified with an embossed, stamped or raised seal issued by a state or local government — hospital certificates are not acceptable); 10 US Passport (valid or expired); US Certificate of Citizenship, Naturalization or Birth Abroad; US Military Identification Card or Discharge Papers accompanied by a copy of US Birth Certificate issued by a state or local government. IS. Safety Standards and Accident Prevention. With respect to all work performed under this contract, the Contractor shall: a. Comply with the safety standards provisions of applicable laws, building and construction codes, and the "Manual of Accident Prevention in Construction" published by the Associated General Contractors of America, the requirements of the Occupational Safety and Health Act of 1970 (Public Law 91-596), and the requirements of Section 292.675, RSMo b. Exercise every precaution at all times for the prevention of accidents and the protection of persons (including employees) and property. c. Maintain at Contractor's office or other well known place at thejob site, all articles necessary forgiving first aid to the injured, and shall make arrangements for the immediate removal to a hospital or a doctoes care of persons (including employees), who may be injured on the job site. it. Bidders are informed that the Project is subject to the requirements of Section 292.675, RSMo, which requires all contractors or subcontractors doing work on the Project to provide, and require its on -site employees to complete, a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration ("OSHA") or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. The training must be completed within sixty (60) days of the date of work on the Project commences. On - site employees found on the worksite without documentation of the required training shall have twenty (20) days to produce such documentation. 19. Prevailing Wage. Wage rates for the project shall be not less than the prevailing wage rates for Platte County currently in effect as determined by the Division of Labor Standards of the State of Missouri, pursuant to RSMo 290.210 et seq. The Contractor will forfeit a penalty to the City of $100 per day, or portion thereof, for each worker that is paid less than the prevailing rate for any work done under the contract by the Contractor or any Subcontractor. 20. Buy America Provisions. The Bipartisan Infrastructure Law (BIL) established Buy America requirements known as the Build America, Buy America Act (BABA). The Act requires the following Buy America preference: All iron and steel used in the project must be produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, must occur in the United States. Complying with 23 U.S.C. 313 and 23 C.F.R. 635.410 meets the BIL requirements. All steel or iron products (including protective coatings) that are permanently incorporated into the project, must use a domestic manufacturing process. Contractor shall provide step certifications complying with 23 CFR 635.410(b)(1)(ii) on all steel or iron products and their coatings where each handler (supplier, fabricator, manufacturer, processor, applier of coatings, etc.) certifies that their step in the process was domestically performed. The contractor must provide these certifications prior to incorporation of the material in the project. See Appendix R for an example certification. 11 b. All manufactured products used in the project must be produced in the United States. This means the manufactured product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55% of the total cost of all components of the manufactured product. All construction materials must be manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States. Pending OMB's issuance of final standards on construction materials, and absent any existing applicable standard in law or regulation that meets or exceeds these preliminary standards, contractors should consider "all manufacturing processes" for construction materials to include at least the final manufacturing process and the immediately preceding manufacturing stage for the construction material. The BABA extends the application of Buy America to "Construction materials" which includes an article, material, or supply that is or consists primarily of: • non-ferrous metals; • plastic and polymer -based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); • glass (including optic glass); • lumber; or • drywall. Items excluded from "Construction materials" include cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives. Asphalt concrete pavement mixes are typically composed of asphalt cement (a binding agent) and aggregates such as stone, sand, and gravel. Accordingly, asphalt is also excluded from the term construction materials. An article, material, or supply should only be classified into one of the following categories: (1) iron or steel; (2) a manufactured product; or (3) a construction material. An article, material, or supply should not be considered to fall into multiple categories. Items that are predominantly iron or steel shall meet the requirement above for iron and steel. 21. American Products. Pursuant to RSMo 34.353, any manufactured good orcommodities used or supplied in the performance of the contract (or subcontract) shall be manufactured or produced in the United States, unless determined to be exempt as provided in state law. 22. Transient Employers. Pursuant to RSMo 285.230, every transient employer (employer not domiciled in Missouri) must post in a prominent and easily accessible place at the work site a clearly legible copy of the following: 1) Notice of registration for employer withholding issued by the Missouri Director of Revenue, 2) Proof of coverage for workers' compensation insurance or self-insurance verified by the Missouri Department of Revenue through the records of the Division of Workers Compensation; and 3) Notice of registration for unemployment insurance issued to such employer by the Division of Employment Security. Contractor shall be liable for a penalty of $500.00 per day until such notices required by RSMo 285.230 et seq. are posted. 23. Current City Business License. The successful bidder, and all subcontractors, shall obtain a current city business license prior to beginning construction. 24. Sales Tax Exemption Certificate. The City will supply the Contractor with a Project Exemption Certificate for use in purchasing materials and supplies used on the project. The Contractor shall, in preparing its bid, omit 12 from its computed costs all sales and use taxes related to the purchase of materials or other tangible personal property incorporated into or consumed in the construction of the Project. 25. Non Discrimination and Equal Opportunity. Contractor shall ensure that all employees are treated equally without regard to their race, color, religion, sex, age, handicap or national origin. The City hereby notifies all bidders that socially and economically disadvantaged business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, religion, sex, age, ancestry or national origin in consideration for an award. The City of Riverside is an equal opportunity employer and encourages minority, women and disadvantaged contractors in submit bids. 26. Security for Payment and Faithful Performance. Simultaneously with delivery of the executed contract, the Contractor shall furnish a surety bond or bonds as security for faithful performance of this contract and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract. The Bond furnished by bidder shall contain the requirements and conditions set forth in and shall comply in all respects with Section 107.170 RSMo and other applicable legal requirements. The surety on such bond or bonds shall be a duly authorized surety company satisfactory to the City and shall have a rating of at least "A-" from Rest's in an amount equal to one hundred percent (100%) of the contract price that does not include the cost of operation, maintenance and money. Attorneys -in -fact who sign contract bonds must file with each bond a certified and effectively dated copy of their power of attorney. 27. Signing of Agreement When City gives a Notice of Award to the successful bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement and all other Contract Documents. Within ten (10) days thereafter Contractor shall sign and deliver at least three (3) counterparts of the Agreement to City with all other Contract Documents attached and signed as required, together with the required bonds, evidence of insurance, city licenses and work authorirffiion affidavit and documentation. Within ten (10) days thereafter City will deliver all fully signed counterparts to Contractor. The City may issue a Notice to Proceed with or at any time after delivery of signed counterparts to Contractor. 13 BID FOR UNIT PRICE To: City of Riverside, Missouri Project: 2022 LINE CREEK TRAIL CONNECTOR Project No. 218-018 Date 12/8/2022 Proposal of Dondlinger & Sons Cosntmction Co, Inc. (hereinafter called "Bidder") a corporation/partnership/individual/or other entity organized and existing under the laws of the State of Kansas , a corporation/partnership/ or individual doing business as General Contractor To the City of Riverside, Missouri (hereinafter called "City") To Whom It May Concern: The Bidder, in compliance with your invitation for bids for the construction of the above referenced project having examined the specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies, and to construct the project in accordance with the contract documents, within the time set forth therein, and at the prices stated below. These prices are to cover all expenses incurred in performing the work required under the contract documents, of which this proposal is a part. Bidder hereby agrees to commence work under this contract on or before a date to be specified in written "Notice to Proceed" of the City and to fully complete the project within one hundred twenty (120) consecutive calendar days thereafter as stipulated in the specifications. Bidder further agrees to pay as liquidated damages, the sum of $500 for each consecutive calendar day thereafter that the project is not complete, as provided in the Contract Documents. Bidder agrees that the sum of $500 ner day is a fair and reasonable approximation of the actual damages incurred by the City for the Bidder's failure to complete the project within the time outlined above and that such liquidated damages in this section are not penal in nature but rather the parties' attempt to fairly quantify the actual damages incurred by the City for such delays. Bidder acknowledges receipt of the following addendum(s): Addendum 1 Addendum 2 Addendum 3 Bidder agrees to perform all of the project work described in the scope of work, for the unit prices contained in the attached Bid for Unit Price attached hereto. The total bid amount is: (s 543,367.00 ) 14 The unit prices attached shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for. Changes shall be processed in accordance with Article VII of the Agreement. Bidder understands that the City reserves the right to reject any or all bids and to waive any informality in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of 90 calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, bidder will execute the formal contract attached within 10 days and deliver a Surety Bond or Bonds as required by the Agreement. The bid security attached in the sum of Five Percent of Amount Bid Dollars (S 5 % ) is to become the property of the City in the event the Agreement and all Contract Documents, including the Performance and Payment Bonds are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the City caused thereby. THE UNDERSIGNED BIDDER AGREES THAT REJECTION SHALL CREATE NO LIABILITY ON THE PART OF THE CITY OF RIVERSIDE, MISSOURI BECAUSE OF SUCH REJECTION, AND THE FILING OF ANY BID IN RESPONSE TO THIS INVITATION SHALL CONSTITUTE AN AGREEMENT OF THE BIDDER TO THESE CONDITIONS. (SEAL - if bid is by a corporation) Respectfully submitted: By Dondlinger & Sons Construction Co., Inc. Name: Mark Lorenz Title: Vice 10ridk Street: 2656 S Sheridan City, State, Zip: Wichita, KS 67217 Phone: 316-94"555 15 BID FORM BID FOR UNIT PRICE CONTRACTS (Pricing) CONTRACTOR: Dondlinger & Sons Constmction Co., Inc. 2022 LINE CREEK TRAIL CONNECTOR PROJECT (218-018) Item spec. Item Unit Unit Peke Ouentity Total Coal No. 1 N/A MOBILIZATION LS $27, 000.00 1 $ 21, 000.00 2 CONTRACTOR FURNISHED $9, 60o.00 1 $ 9,600. 00 N/A SURVEYING LS 3 CLEARING, GRUBBING, AND $13, 650.00 0.8 $ 10, 920.00 2100* DEMOLITION ACRES 4 2100* EXCAVATION CY $10. 50 870 $ 9,135.00 5 2100* EMBANKMENT CY $27. 00 580 $ 15, 660. 00 6 2150* SEDIMENT FILTER LOG LF $2.10 730 $ 1, 533. 00 EROSION CONTROL BLANKET, 505 $ 7 2150* TYPE SY $1.65 833.25 8 2150* CONSTRUCTION ENTRANCE SY $27. 50 120 $ 3,300,00 6" CONCRETE TRAIL W/ FIBER 651.2 $ 00 9 2200* REINFORCEMENT BY $105. 00 68, 376. 10 2200* CONCRETE APPROACH SLAB SY $272.00 44.6 $ 12,131.20 11 6" CONCRETE TRAIL W/ FIBER $298. 50 234.3 $ 69, 938. 55 2200* W/RETAININGWALL BY 12 2600* RIP RAP 1/4 TON TDEPTH TON $60.00 1420 1 $ 85,200.00 13 2400* SEEDING AND STRAW MAT ACRES $9,100.00 0.5 $ 4,550.00 14 2600* 15"RCP PIPE LF $9s.0o 16 1 $ 1, 520.00 15 2600* 15" RCP FLARED END SECTION EACH $1, 650. 00 1 $ 1, 650. 00 4' X 4' JUNCTION BOX (8.5' 1 $ 16 2600* DEPTH EACH 11 300.00 11 300.00 17 5120 STRUCTURAL STEEL PILE LF $125.00 200 $ 25,000.00 PREFABRICATED PEDESTRIAN 1 $ 18 5120 TRAIL BRIDGE EACH $145, 250.00 145, 250.00 BRIDGE ABUTMENTS -KCMMB- 2 $ 19 2200' 5K EACH $12,210.00 24,420.00 20 FORMLINER/STAIN COLOR - 535 $ N/A ABUTMENT/RETAINING SF $30.00 16,o5o.00 TOTAL CONSTRUCTION Is 543,367.00 *-PER KC-APWA SPECIFICATIONS BID BOND (Bid Security) KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, Dondlinger & Sons Construction Co., Inc. as PRINCIPAL and Federal Insurance Company as SURETY, are held and firmly bound unto the City of Riverside, Missouri, ("City") in the sum of Five Percent of Amount Bid Dollars ($ 5% ) ("Bid Security"), for the payment of which sum well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, successors, and assigns, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas Principal has submitted a bid dated December 8th , 2022 , to enter into a contract in writing for the 2022 LINE CREEK TRAIL CONNECTOR PROIr+r"!' (Project No. 218-018); NOW, THEREFORE, IF said Bid shall be rejected, or in the alternate, IF Principal shall not withdraw the bid within the period specified therein after the opening of bids, or, if no period be specified, within ninety (90) days after the bid opening, or in the alternate, IF said Bid shall be accepted and the Principal shall execute and deliver a contract in the form of contract attached hereto, properly completed with all attachments and requirements pertaining thereto, and shall furnish a bond for the faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, shall in all other respects perform the agreement created by the acceptance of said Bid within ten (10) days after such Contract Documents are presented to Principal for signature, or in the alternate, In the event of the withdrawal of the Bid within the period specified, or the failure to enter into such contract within the time specified, then the Bid Security shall immediately become due and payable and forfeited to the City as liquidated damages. Principal and Surety agree that this is a fair and reasonable approximation of the actual damages incurred by the City for the Principal's failure to honor its bid and that the liquidated damages in this section are not penal in nature but rather the parties' attempt to fairly quantify the actual damages incurred by the City for the Principal's refusal to honor its bid. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by the extension of the time within which the City may accept such Bid; and said Surety does hereby waive notice of any such extension. 17 IN WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year set forth herein. Dondlinger & Sons Construction Co., Inc. PRINCIP By: YIP Printed Name: Mark Lorenz Title: Vice President Date: 12r5/2022 I hereby certify that surety is duly licensed to issue bonds in the State of Missouri and in the jurisdiction in which the Project is located. Federal Insurance Company SURETY By: '{ • �L3� n tre Printed Name: Desiree E. Westmoreland Title:_ Attorney -in -Fact Date: 12/82022 SURETY POWER OF ATTORNEY MUST BE ATTACHED 18 C H U B B Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Nmw AO by Thew Fwwmq thaz KMM INSURANCE COMPANY, an Indian automation. VIGIL&W IN MNU COMPANY, a New Vwk rea,dimn, PACIFIC INDEMNITY COMPANY,a Wisovin ro"ando n. WFSTOIGSrm PINE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY commonly of NeComlmnwealUl ofFemsylvanla, do much hereby mhmom, and appobt Todd Alan Rambo, Timothy Craig Smith, Etydah A. Valdivia and Desiree E. Westmoreland of Wichita, Kansas; Katherine J. Brain, Monica F. Danatelli, Carolyn J. Johnson, Camille 0. Parman, Morgan L. Wilkerson and 5. Mark Wilkerson of Ovedand Park, Kansas with as Ihertme and lawfulArtomey'Ift-Fan memmue undersuch desig don in Mnrnammand in aIfsdam emportesmk in and delIrmafor and on IbeirbMalfu suretythereoa r obb-a i,, hands and undeasono and other writings obligatory in the mrule thereof (onder' Nan bail bands) given or exeryrtd in dw camm.f bmflnes , and any iNtmmenh amending m altering Neamee, add commithe madifialon or alteration of my Wovommmit referred bin said bonds or obig.Nion In Wlmove MT I mid FEDERAL INSURANCE COMPANY, WGIUDy INSURANCE COMPANY, PAaFIC INDEMNITYCOMPANY, WESITNESTEA 1.181NWMNU COMPANY and ACEAMERICAN Ifti ..COMPANY havemN warmad and attestedtbeseprreerib ansafixed,Nteirm,mate seals on Nis Tayy of Oeremhee=I. Insdu )l Uthme .t. ace,"", MCIAnn \I Il:waY. \`hrlY,�dan STATE OF NEW JERSEY Cawntydf Hanrerdon ss Do Out T+ My of DeamM, ZQ1 Wom me, a salary, Punic vNew let.,, personAlY come Down M. Chloms and StepNed N Nway, Do me brown to be A ... at SaFeRry and Vim President mptmiMy. or FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY. WESTCHMTM FIRE INSURANCEMMPANYam1 ACE AMERICAN INSURANCE COMPANY. don companies which.. the mon,mng PuwerofAmrtwy, and the mid Dawn M Worry and SWpd— M. Nvuy,beinRbY row duly sworn. e-1.11, sea math 0r herself and MmttU did depae and say Nat Ney are As Went Searmry and We %endenc rWmas t-1,, of EYmmM INW MryCE COMPANY, VIGIIAN I' INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and MR.. AME.K.AN INSURANCE COMPANY and know Me nryarme seala NewoC that the says, MRis to the mart ing Power ofAtbmey are such mrpeatr arms and were inside affixed] by auMontyof mid ComW^im and that Nor sig dum as suO .in, --duty affixed and subscilhed by Eke auMonry, shumb sal NATIEWNEJMEtMR NOTMY wNow .I RMgEy DsnnYYu.EMmJury lB. aVN NuplWle CER RI TION Remlunons adoMM bythe DmaNs of Diramn car FEDERAL INSURANCE COMPANY, VIGILANT IHWMNCE COMPANY, and PACIFIC INDEMNITY COMPANY on august 30, 2016: WERCHESTER FIRE INSURANCE COMPANY on Daemher 11, 2OO6; and ME AMERICAN INSURANCE COMPANY on North 20.2009: 'E.LVEV. 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Down M Chlums, Assidems fosterer, of FEDERAL INSUeach COMPANY. VI61UNT INSURANCE COMPANY. PACIFIC INDEMNITY COMPANY, WE]TCNESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY [the"Comp rles f do busby certify that D) me fofem"M Resolutions adopted by the EmNof Direabrs ofReCompanle, art trut, mrowl and In ON form and ei (if] the brtimng Powerd Atmrneyis trvgmm,tand sets) husband enen �p !oven undtt mYFand aMseals of vtd[mmpaniesat Whitehouse StarbR Nl.Nis IZr p —3J�1Z =j maw. m. c clwas Itnm SI aTFna.YaNam SLAndsy' - mills xveXiYms WnllissVErvltYiXC.3N11nIrICIM1nFiN159UN URNOr 4YU9VPMYUtNE0.MTtBRPL ASP CdRaRNAT. TtkMwe Sir Wl.la93 Co.: FFD-ViC-Pi-vsiC-nnic Vm n-sal EXPERIENCE QUESTIONNAIRE (To be completed by each Bidder and submitted with Bid) FAILURE TO COMPLETE THIS FORM WILL RESULT IN THE REJECTION OF THE BID Dondlinger & Sons Construction Co., Inc. Aaron Carter (Company Name) (Primary Contact Name) 2656 S Sheridan Wichita, KS 67217 (Address) (City, State, Zip Code) 316-452-0954 316-945-9009 acarterQdondlingercomt.com (Phone Number) (Fax Number) (E-mail) Federal ID Number. 48-0601790 ® General Contracting ® Pre -fabricated Bridge ® Erosion Control or SSN: (Check all that apply) ® Stormwater M Plumbing ® Demolition ® Earthwork ® Paving ❑ Other: Name of State(s) in which incorporated: Kansas Date(s) of incorporation: November 25tb, 1955 Attach Certificate of Good Standing for State in which incorporated. If not incorporated in Missouri, also attach Certificate of Authority to do Business in Missouri. Certificate Number. CERT-12012022-0020 Date: Name of the following officers: Thomas E. Dondlinger (President's Name) April Taube (Secretary's Name) 12/1/2022 Mark Lorenz (Vice -President's Name) April Taube (Treasurer's Name) Date of Organization: May 22, 1961 Type of Partnership: NIA General N/A Limited N/A Association :9 Names and addresses of all partners (use additional sheet if necessary): N/A (Name) (Address) (City, State, Zip) N/A (Name) (Address) (City, State, Zip) 1. How many years has your Company been in business as a contractor under your present business name? 124 2. List all other prior business names and locations under which you or any partner, principal or other officer of your company has ever done business: N/A 3. How many years' experience in the proposed type and size of construction work has your Company had: (a) as a general contractor 34 , (b) as a subcontractor 34 7 4. List the three most recent projects your Company has completed similar in scope to the proposed work: Protect Name or City Blue Valley School District Pedestrian Bridges 2,3 and 5 Contact Name Tony Barron Phone 913-239-4324 Contract Amount $ 232 111.25 When Completed? December 2022 Description of Work Replacement of three pedestrian bridges on new abutments in existina trail network Reconstruction of trail sections to tie in to new bridges. Protect Name or City City of Osawatomie - Flint Hills Nature Trail Pedestrian Bridge Contact Name Mike Scanlon Phone 913-755-2146 Contract Amount$85.142.77 When Completed? May2021 Description of WorkConstruction of new pedestrian bridge on existing Flint Hills Nature Trail Bridge included concrete abutments a prefabricated steel truss section and a cast in place Concrete Deck Reconstruction of trail sections to tie in to new bridge was also part of scope. 20 Protect Name or City City of Grain Valley Cross Creek Park Trail of Blue Branch Creek Contact Name Shannon Davies ph ... 816-847-6230 Contract Amount $ 220,961.50 When Completed?June 2022 Description of Work Construction of 96' Long pedestrian bridge over Blue Branch Creek and grading for new trail section. Bridge was prefabricated steel on concrete abutments supported by driven structural steel piling. 5. What other important projects has your Company completed? Protect Name or City City of Lawrence - Bowersock Dam Rehabilitation Contact Name Matt Bond Phone785-764-3634 Contract Amount 51 675 919.99 When Completed?April 2022 Description of Work Reconstruction of the south 1/3 of the historic BowerSGCk Dam in Lawrence KS. Scope included soil nail anchors cast in place variable thickness walls and reinforced spillway slabs Dewatering and temporary cofferdams across the Kansas River. Protect Name or City Leavenworth County Bridge F-46 Replacement Contact Name Bill Noll Phone913-684-0470 Contract Amount $ 689,215.00 When Completed -?October 2022 Description of Work Reconstruction of existing bridge on 166th St near Basehor KS Scope included Struct Steel Piling in Drilled shafts, Galv. Struct Steel End bents and Beams Cast in Place Concrete Deck and Rail. Grading, Concrete and Asphalt Paving to tie in roadway. 6. List at least two engineering firms with whom you have worked, and the name of the individual who was your primary point of contact: Finney & Turnipseed Transportation & Civil Engineering LLC - Craig Mattox, P.E.- 785-235-2394 Olsson Associates - Grant Luckenbill, P.E.- 913-381-1170 21 7. Have you ever failed to complete any work on a project or defaulted on a contract? If so, where and why? (attach additional pages if necessary) 8. Name of your Surety Company, and the name and address of your agent you expect to use in the event this contract is awarded to you: Federal Insurance Company Desiree E. Westmoreland 430 E Douglas Ave. Suite 400, Wichita, KS 67202 316-267-9221 9. What is your present bonding capacity? Unlimited 10. List each and every incidence of failure to perform that resulted in a claim under a Performance or Payment Bond: None 11. The construction experience of the Key Personnel in your Company is required. At a minimum, information regarding experience and qualifications ofthe following positions must he provided: GC Project Manager, On -Site Field Superintendent, QC/QA Manager, Safety Officer. NAME Mark Lorenz Position vice President Civil Const./Project Manager Years of construction experience: 34 Magnitude & Type of Work Civil Bridge Construction & Heavy Highway Division Construction Manager & PM In What Capacity? Pre Construction, Project Management, Construction Management, Phase Project Scheduling, Cost Estimating 34 Years of Employment with Contractor: Other projects this individual will be involved with concurrently with this project: Bridge Earthwork & Underground Utility Projects Education, professional registrations, certifications and credentials held by individual applicable to the Project: BS - Construction Science, Kansas State University, Silica Competent Person, First Aid & CPR Trained 22 NAME Aaron Carter position Field Superintendent & QC/QA Manager Years of construction experience: 177 Magnitude & Type of Work General Superintendent Civil Bridge Division NE Kansas In What Capacity? Oversees all field operations. Directs tasks of foreman & craft supers. Assists in estimating and project management and phase project scheduling. Years of Employment with Contractor. 10 Other projects this individual will be involved with concurrently with this project: KTA #7903 Cashless Tolling Sites Shawnee Douglas & Leavenworth Counties Education, professional registrations, certifications and credentials held by individual applicable to the Project: BS Construction Engineering Technology, Pittsburgh State University, OSHA 30-HR, Silica Authorized ser, Fall Protection I mining NAME Clark Jones Position Safety Director Years of construction experience: 42 Magnitude & Type of Work Coordinate and conduct safety meetings and routine safety inspections. In What Capacity? Site Safety and Health Officier Years of Employment with Contractor: 26 Other projects this individual will be involved with concurrently with was as Education, professional registrations, certifications and credentials held by individual applicable to the Project 23 12. List the major items of equipment which you own or which will be used on the project: Quantity. Description. & CaMcily Age in Years Caudillon 1 EA Komatsu 215 HB Excavator 10 years Good Less than 4,000 hrs 1 EA CAT 259 D3 Mini Track Loader 2 years Good Less than 2,000 hrs Linkbelt -108B 45 TN Crawler Crane 45 years Good Recently Rebuilt Rental Mini Excavator 1 Yr or less New or Like New Misc Compaction & Grading Equip 1 Yr or less New or Like New 13. List below the contracts to which your company, any principal in your company, or any prior companies owned by a principal in your company were a party during the previous seven (7) years that involved litigation of any type, arbitration, mechanics lien claim or other claim in an amount over $10,000 (include pending cases with a notation that the matter is still unresolved): USD259 Heights High School, Wichita, roof top unit blown off during>60 mph wind. Resolved & Dismissed USD259 South Ruth School, Wichita, roof leak & water damage due to failure in subcontractor roof assembly. Resolved & Dismissed. 14. On a typical project, what percent of the work is completed by your own forces? 76 % What percent by subcontract? 24 "/. List subcontractors you propose to use on this project and their responsibility in this contract. Subcontractor Name Contract Responsibility %of Contract (1) Erosion Specialists, LLC Seeding & Erosion Control 1.0% 2627 NW Platte Rd, Riverside, MO 64150 816-321-1847 Addrcea Sm�c Zip Ph.Numbcr (2) Wilkerson Crane Rental, Inc. Crane Service for Setting Bridge 1 4 14101 Gibbs Rd. Bonner S rp ings, KS 66012 913-238-7030. Add. stew Zip Phone Number Addme State Zip Phone Numbs Add,uc< stew Zip Ph.. Numbtt 15. Is your Company current on payment of Federal and State income tax withholdings and unemployment insurance payments? Yes 24 If the answer is no, please provide detail: N/A 16. Has your Company, or any principal in your company, been rescinded or debarred from any bidding, contractual, procurement or other such programs by federal, state or local entities? No If the answer is yes, please provide detail: N/A 17. Has your Company received any written notices of violations of any federal or state prevailing wage statute in which prevailing wage penalties were assessed against your Company or paid by your Company during the last two (2) years? No If the answer is yes, please provide the detail of each and every such notice: N/A The undersigned hereby authorizes and requests any person, film, or corporation to famish any information requested by the City in verification of the recitals comprising this Experience Questionnaire and agrees to hold any such person, firm or corporation harmless for providing any such information to the City of Riverside. The undersigned agrees that there is no collusion or fraud with reference to illegal relationships of bidders and representatives of the City, bid pooling or strawbids. Dated on behalf of said Company this Sth day of December 2022 By: Name: Mark Lorenz Title Vice President State of Kansas ) as County of Sedgwick ) BEFORE ME, the undersigned notary, personally appeared Mark LOreuz who being duly sworn, deposes and says that he or she is the Viw President of Dondlinger & Sons Construction Co, Inc. , that he/she has been authorized by such company to complete the foregoing statement, and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to me before this lith day of December 20 22 . My commission expires: No Public 25 NOTARY PUBLIC STATE OF KANSAS ANDREA FRYE Ny Appt Expire 5'Q e,TNTE O MISSO UPI John R.Ashcroft Secretary of State CORPORATION DIVISION CERTIFICATE OF GOOD STANDING I, JOHN R. ASHCROFT, Secretary of State of the STATE OF MISSOURI, do hereby certify that the records in my office and in my care and custody reveal that DONDLINGER & SONS CONSTRUC17ONCO, INC using in Missouri the name DONDLINGER & SONS CONSTRUCTION CO., INC F00014174 a KANSAS entity was created under the laws of this State on the 22nd day of May, 1961, and is Goad Standing, baving fully emptied with all requirements of this off oe. IN TESTIMONY WHEREOF, I hereumo set my hand and cause to be affixed the GREAT SEAL of the State of Missouri. Done at the City of Jefferson., this Ist day of December, 2022. Certifcafion Number CERT-12012022-0020 CERTIFIED COPY OF RESOLUTION OF THE BOARD OF DIRECTORS OF Dondlinaer & Sons Construction Co., Inc. A Kansas Corporation The undersigned being the duly elected qualified and acting Secretary of Dondlinaer & Sons Construction Co.. Inc. , a Kansas Corporation (the "Corporation"), hereby certified as follows: At a special meeting of the board of directors of the Corporation, which meeting was duly and properly called according to the by-laws of the corporation and at which a quorum of said board was present, the following resolution was passed and adopted: "WHEREAS, the Corporation desires to contract with the City of Riverside, (the "City") for the construction of certain public improvements; and, "WHEREAS, the Corporation desires to authorize certain officers of the Corporation to execute and deliver to the State all agreements and documents related thereto. "NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF Dondlinaer & Sons Construction Co.. Inc. . A Kansas corporation, that Mark Lorenz (name) Vice President (title), of the corporation, be and is hereby authorized to execute and deliver to the State all contracts and documents incidental thereto, including but not limited to statutory bond, construction bonds, insurance agreements and policies, plans and specifications, and any further documents required thereby, relating or pertaining to the following described project: 2022 Line Creek Trail Connector Project (218-018) "BE IT FURTHER RESOLVED BY THE BOARD OF DIRECTORS OF THE CORPORATION that the authority conferred hereby upon such officer is continuing unless notice in writing be given by the Corporation to the "City." Dated this Rd, day of December 2022 . 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LP § � ° ! 11111111 millions MINIIIII NIIIIIII NIIIIIII NIIIIIII MINIBOOM `o a a Y L V u E c d a J Y � C d q 16 J ip Eu a m n c q J O O c q C d q ° E v E S ° E o u m AL m E c ry ry m � 'nv c t a m c o E c 5 o E E o o O O q i q o € J d m E c 3 E C « � E n E N _ o o c a m m o V � d 2 ii a W y Oy ° E E C u d d V V u m y w E si E n n v « u « E « E E « E O O O O O q a` ¢ a` 5 e n au °i Inspection & Testing: DIVISION 700: Structures minimum emquency QU um men" .. E Snrt Perarmlara Acuptancs Contractor OC MNIOT OA + Y o y O Spec. Deacriptlm Provisions AddlUonM RNormc• CrlFun y = Y t SmAlle 701: load S&M SPIMa 702 .2.1 Material Concrete sea Sec 501 Tasting See 501 See 501 Aggregates 702 .2.2 Conaere t from first mixture truckload add 1 Ad. Slump. see Sec MI teslin 9 per 100 CY t per 500 CY 4 Cyllndars tnereanar per pourparday 702 3A Construction Installation Sea CMcklist Visuall 1 per Each Shall Y Measurement 702 4.2 Construction Equipmenl See Checkllsl Visuall 1par Plle MeaeuremaM Sectlen 7G1: ConcnaeMemryCmaellcllm 703 2.0. Material A 21 Concrete see Sec WI Tasting See 501 See 501 Y Aggregates 703 Al Concrete I in. first mixture occluded and 1 Air. Slump, see Sec 501 testing 9 per 1 W CY 1 per 500 CY ¢ 4 Cylinders thereafter per pour per day 703 3.1 ConsWclion Forms. Placement. See Checklisl Visual 1 par poor A Y Finianin 703 .3A Construction Cutup or $Be Checklist Visual/ 1per Pour AA Y Sealing measurement swum 101: Centel 591 2 1 Aggregate OA T27 and! T11. 1005 lasting na 1 per Project >500 cy Independent TM 71. T85 501 .3.8 Consistency Compressive 1frem first Strength s'M truckload end 1 Requirement, T22. T119, T152, telling per 100 CY 1 per 500 CY ¢ 4 Slump and Air ZQ thereafter per day 501 5. Consistency Concrete Small visual! Iper 1ped Quantities certification ackvlty project 501 38 Mix Design 28 day cured Venficatem Cytecters T22. T23 Field Testing 1 per 500 CY, I Mis Design Iper x par min 71 Page v a m t� w V C Lu J C Q A U C7 t U o � a rc a � m O EXHIBIT 1 BUSINESS ENTITY CERTIFICATION, ENROLLMENT DOCUMENTATION, AND AFFIDAVIT OF WORK AUTHORIZATION BUSINESS ENTITY CERTIFICATION: The project sponsor must certify their current business status by completing either Box A or Box B or Box C on this Exhibit. BOX A: To be completed by a non -business entity as defined below. BOZO _: To be completed by a business entity who has not yet completed and submitted documentation pertaining to the federal work authorization program as described at hUp//www.dhs.p.ov/fles/prouams/ee 1185221678150shtm. BOX Q To be completed by a business entity who has current work authorization documentation on file with a Missouri state agency including Division of Purchasing and Materials Management. ni nneei..in, . aenned m s arma 21$5.325. RSMo, per fining to section 285,530, RSMo, is say person or group of persons performing or engaging in any activity, enterprise, profession, or occupation for gain, benefit, advantage, or livelihood. The term "business aunty" shill include but not be limited to self-employed individuals, partnerships, corporations, contracmrs, and suboonlmctors. The tent "buslneas entity" shall include any business entity that possesses a business permit, license, or tax certificate issued by the state, any business entity that is exempt by law from .barring such a business permit, end any business entity that is opareting unlawfully without such a business pea nit. The term "business etatity"shall not include a self-employed individual with no employees or entities utilizing the services of direct sellers as defined in subdivision (V) of subsection 12 ofsectio r 288,034, RSMo. Note: Regarding govemmrnml entities, business entity includes Missouri schools, Missouri universities (other than stated in Box Q, oat of state agencies, out of state schools, out of state universities, and political subdivisions. A business entity does not include Missouri state agencies and federal government entities. I certify that (Company/Individual Name) DOES NOT CURRENTLY MEET the definition of a business entity, as defined in section 285.525, RSMci pertaining to section 285.530, RSMo as stated above, because: (check the applicable business status that applies below) ❑ I am a self-employed individual with no employees; OR ❑ The company that I represent employs the services of direct sellers as defined in subdivision (17) of subsection 12 of section 288.034, RSMo. I certify that I am not an alien unlawfully present in the United States and if (Company/Individual Name) is awarded a Recreational Trails Program Grant for (Project Title) and if the business status changes during the project period to become a business entity as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, then, prior to proceeding with the project as a business entity, (Company/Individual Name) agrees to complete Box B, comply with the requirements stated in Box B and provide the Department of NaturalResources, Division of State Parks with all documentation required in Box B of this exhibit. Authorized Representative's Name (Please Print) Authorized Representative's Company Name (if applicable) Date EXHIBIT 1. continued (Complete the following ifyou DO NOT have the E-Verify, documentation and a curevntA.01dauit of Work Authorization already on file with the State ofAfissouri. If completing Roc h, do not enmplefeBour GJ I certify that D,ondlinger & Sow Const.,Businp� Entity Name) MEETS the definition of a business entity as defined in sac 'h 5.5oi—T 25, RSMo, pertaining to section 285.530. Mark Lorenz Authorized Business Entity Representative'sAuthortzeciffitumM Entity Name (Please Print) Representative's Signature Dondhnger & Sons Construction Co., Inc. 12/8/2022 Business Entity Name Date mlorenz@dondlingerconst.com E-Mail Address As a business entity, the project sponsor must perform/provide each of the following. The project sponsor should check each to verii'y completion/submission of all of the following: ® Enroll and participate in the E-Verity federal work authorization program (Website: httn//www.dhs.eov/fdea/oroarams/¢c 1185221678150 abtm Phone: 888A64-4218; Email: k verlfv(a),dhs.eovl with respect to the employees hired after enrollment in the program who are proposed to work in connection with the services required herein; AND XI Provide documentation affirming said company's/individual's enrollment and participation in the I - Verify federal work authorization program. Documentation shall include EITHER the E-Verify Employment Eligibility Verification page listing the project Spenser's name and company ID OR a page from the E-Verify Memorandum of Understanding (MOU) listing the project sponsor's name and the MOU signature page completed and signed, at minimum, by the project sponsor and the Department of Homeland Security — Verification Division. If the signature page of the MOU fists the project sponsor's name and company ID, then no additional pages of the MOU most be submitted; AND ® Submit a completed notarized Affidavit of Work Authorization provided on the next page of this Exhibit. M EXHIBIT 1. continued AFFIDAVITOF WORKAUTHORIZATION: The project sponsor who meets the section 285.525, RSMo, definition of a business entity most complete and return the following Affidavit of Work Authorization. Comes now Mark Lorenz (Name of Business Entity Authorized Representative) as Vice President (Positiontritle) first being duly swom on my oath, afftrmtMndlinger & Soo, (Business Entity Name) is enrolled and will continue m participate in the E-Verify federal work aut�ionzahon program with respect to employees hired after enrollment in the program who are proposed to work in connection with the proposed RecreationalTmils Program project with the State of Missouri for the duration of the contract(s), if awarded in accordance with subsection 2 of section 285.530, RSMo. I also affirm that ftond'^au & Sons Corot. Co., ITBus ness Entity Name) does not and will not knowingly employ a person who is an unauthorized alien in connection with the proposed Recreational Trails Program pmject for the duration of the project period, if awarded. In A, fJ rmodon thereof, the facts stated above are bur and correct (The undersigned understands that false statements, made in this filing are.Yubject to the penalties provided under section 575.040, RSMo.) 11 7 Mark Lorenz Authorized Rep ontativ s Signature Printed Name Vice President 1202022 Title Date mlore=@dondlingerconst.com 894733 E-Mail Address E-Verify Company ID Number Subscribed and sworn to before me this 8th of December. 2022 AM am PAY) (MOMH, YF.M) commissioned as a notary public within the County of Sedgwick , State of WM OF COunrY) Kansas (NAME eF STAiE) and my commission expires on 2/15/2025 curb) 12/8/2022 Srgna r Notary 4ate NOTARY PUBLIC STATE OF 5ANSAS ANDREA FRYE My Appt.Fxpiresd15•-t u EXHIBIT I, continued (Complete the following ifyou have the E-Verify documentation and a currentAf idavit of Work Authorization already on file with the State of MissourL if completing Box C, do not complete Box B.) I certify that (Business Entity Name) MEETS the definition of a business entity as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, and have enrolled and currently participates in the E-Verify federal work authorization program with respect to the employees hired after enrollment in the program who are proposed to work in connection with the Recreational Trails Program project with the State of Missouri. We have previously provided documentation to a Missouri state agency or public university that affirms enrollment and participation in the E-Verify federal work authorization program The documentation that was previously provided included the following. ✓ The E-Verify Employment Eligibility Verification page OR a page from the E-Verify Memorandum of Understanding (MOU) listing the project sponsor's name and the MOU signature page completed and signed by the project sponsor's and the Department of Homeland Security - Verification Division ✓ A current, notarized Affidavit of Work Authorization (must be completed, signed, and notarized within the past twelve months). Name of Missouri State Agency or Public University' to Which Previous E-Verify Documentation Submitted: (*Public University includes the following five schools under chapter 34, MMo: Hams -Stowe Stye University — St Louis; Misso uti So uthem State University -Joplin; Missouri Western Stele University— St Joseph; Northwest Missoun State University - Maryville; Southeast Missouri State University -Cape Girardeau.) Date of Previous E-Verify Documentation Submission: Previous Bid/Contract Number for Which Previous E-Verify Documentation Submitted: (if known) Authorized Business Entity Representative's Name (Please Print) Authorized Business Entity Representative's Signature E-Verify MOU Company ID Number E-Mail Address Business Entity Name Documentation Verification Completed By: Date E-Verify company ID Number: 894733 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS) and the Dondlinger and Sons Construction Co., Inc. (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104.208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee's E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Pepe 1 of 17 E-Verry WU Ior Employers I Revision Dale OeM1113 E VeriFy 0 �!l Company ID Number: e94733 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verfy. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6. The Employer agrees to comply with current Forth 1-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept 'List B' documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-4644218. b. 8 an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously In this paragraph, employees still retain the right to present any List A. or List B and List C, document(s) to complete the Form 1-9. 7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach It to the employee's Form 1-9. B. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Fortes 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274E of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employers obligation to not employ unauthorized workers and comply with the anti -discrimination provlsion of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Vedfy procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfir mation; (4) If the Employer continues to employ an employee after receiving a final nonconfr oration, then the Employer is subject to a rebuttable presumption that it has knowingly Pepe 2 of 17 E-Verry WU for Empb,re I Revision Data O 1113 E-Verify O VO!, Company ID Number: 894733 employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period vnll be extended until it is again operational In order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use E-Verify for pre -employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU. 12. The Employer agrees to follow appropriate procedures (see Article If below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral Instructions to employees and Instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees f they choose to Contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmatlon based upon a photo mismatch, the Employer must take additional steps (see Article III.B. below) to contact DHS with Information necessary to resolve the challenge. 13. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to Contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status Pape 3 of 17 &Varfy MOU for E ployam I Ravi" Deb 06/m/13 E-Verify_emo.ki Company le Number: 894733 (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464- 4218 (customer service) or 1-888-897-7781 (worker hotline). 14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 2748 of the INA as applicable by not discriminating unlawfully against any Individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification a use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound 'foreign' or have received tentative nonconfirmations. The Employer further understands that any Violation of the Immigration -related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 2748 of the INA or Title VI may also lead to the termination of its participation in E-Verity. If the Employer has any questions relating to the anti -discrimination provision it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that It will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-VerifvCaldhs.cov. Please use "Privacy Incident— Password' in the subject line of your email when sending a breach report to E-Verify. 17. The Employer acknowledges that the information it receives from SSA is govemed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon Pepe 4 of 17 E-Verify MOU far lFatooyea I aevislon Dale 06101/13 E-VerifyO Company ID Number: 894733 reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 19. The Employer shall not make any false or unauthorized claims or references about its participation In E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally -approved, federally -certified, or federally -recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHSIUSCIS (see M-795 (Web) 1 and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employers services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. If the Employer is a Federal contractor with the FAR E-VeriFy clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verity Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that If It is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22,1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of Contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working In the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. Page 5 of 17 E-VeMy MM ror Employers I Re nsion Date 0MV13 E-VerifY * a:j�� .' Company ID Number: MA733 b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initialed within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, Instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS prooedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: That Form 1-9 is complete (including the SSN) and complies with Article II.A.6 I. The employee's work authorization has not expired, and iii. The Employer has reviewed the Form 1-9 information either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Employer shall complete a new Form 1-9 consistent with Article II.A.6 or update the previous Form 1-9 to provide the necessary information If. 1. The Employer cannot determine that Form 1-9 complies with Article II.A.6, ti. The employee's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form 1-9 contains no SSN or is otherwise Incomplete. Note: If Section 1 of Form 1-9 Is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E-Verily MOU for Employers I Revivon Dale 6N01113 E-Verify O Company ID Number. 894733 Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired after completing Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the Information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as Is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight -day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirnation to the employer. Note: ff an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-88841644218. D. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and Page 7 d 17 ENedy MOU W Emplayers I ReWeion Dale 08I91/13 E-Verify * ?'.gip:, Company to Number: e94733 b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verity. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, Including restrictions on the use of E-Verify. 4. DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice, which Indicates the Employer's participation In E-Verify. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 6. DHS agrees to issue each of the Employers E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. B. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonwrifirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (Including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE Ill REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify Pepe a of O E-Vetlly MOU for Employers I ReW4on Date 0W1M3 E-Verify s -41 Company ID Number: 894733 case. The Employer also agrees to provide bath the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their Case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will Contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the Case verification number, review the employee information submitted to E-Verify to Identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will Instruct the employee to visit an SSA office within eight Federal Govemment work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days Is necessary. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing Information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to Contest the finding, and not take adverse action against employees If they choose to Contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative noncanfinnation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation Issued by DHS, the Employer will instruct the Page 9 d t7 E-Vady MW for Employers I ReWelon Date DVn/13 E-Verify O N(t-, Company 10 Number: SW733 employee to contact DHS through its toll -free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmadans, generally. 6. The Employer agrees that if an employee contests a tentative noncon6rmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer) 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for rase results, the Employer agrees to check the E-Ver fy system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU Is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified In writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. Page IDor 9 E-VeRy MM for Empbyers I rteNebn Date a31e1n3 E-Verify O l Company ID Number: 894733 B. TERMINATION 1. The Employer may terminate this MOU and Its participation in E-Very at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer's participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity a security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if It is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non -Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer Is terminated from E-Verify. ARTICLE VI PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform Its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedure], enforceable at law by any third party against the United Stales, Its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of Its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein Is void. D. Each party shall be solely responsible for defending any clalm or action against it arising out of or related to E-Verify or this MOU, whether civil or Criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E. The Employer understands that Its participation In E-Verify Is not confidential Information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Pe9e 11 or 17 E-Verily MOU ror Employem I Revision Data DWOI I13 E-Verify O ei Company ID Number: 994733 Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and OHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to OHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or, (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. To be accepted as an E-Verify participant, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 1.888.464.4218. Page 12 of 17 E-Verify MOD for Employers I R.Akion Dale 06l01113 E-Verify O h a Company ID Number: e94733 Approved by: Employer Dondlirger am Sons Construction Co., IM. Name (Please Type or Print) Me Jeff Mullen Signature Date Electronically Signed 07/17M15 Department of Homeland Security— Verification Division Nam (Please Type or Print) Title USCIS Verilicallon Division Signature Date Electronically Signed 07/17/2015 Page 13 of 17 E-Verity MOU for Employers I Revision Date Oe V13 Verify , Company ID Numbac 894733 Information Required for the E-Verify Program Information relating to your Company: Do dllrger and Sons Construction Co., Inc. Company Name 2656 S Sheridan Ave Wichita, KS 97217 Company Facility Address PO Box 398 Wichita, KS 67201 mpany Alternate Address County or Parish SEDDWICK Employer Identification Number 480631790 North American Industry asslfication Systems Code 236 Dondinger Companies, Inc arent Company umber of Employees 100to 499 umber of Sites Verified for 1 Pape 14 or 17 E-Vent' MOU fw Employsra I Revision Dab OOk I113 E Verify Company ID Number: 894733 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for In each State: KANSAS 1 site(sl Page 15 of 17 E-Vergy MOO for Employers I ReNsbn Date OM1113 E-Verify OM:�: Company ID Number: 694733 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name Diane Bums Phone Number (316) 945 - 0555 Fax Number Email Address dburds@dondlingerwnst.00m Name Raymond Dondlinger Phone Number (316)945-0555 Fax Number Email Address m@dondlirlgerwnat.00m Name April Taube Phone Number (316) 945 - 0555 Fax Number Email Address Jaube@dondlirgerconstXDM Name Jeff Mullen Phone Number (316) 945 - 0566 Fax Number Email Address (mullw@dmdlingerwnstwm Page 16 of 17 E-Verify MOIL for Employers I Revision Date 06/01113 E-VeriFy * y,ir,`. Company ID Number: 894733 Page intentionally left blank Page 17 of 17 EVenty MOU br Employers I Remain Date OWV13 AGREEMENT BETWEEN CITY OF RIVERSIDE, MISSOURI AND Contractor: Dondlinger and Sons Construction Company, Inc. FOR COMPLETION OF 2022 LINE CREEK TRAIL CONNECTOR PROJECT Project No. 218-018 (RTP 2021-05) RESOLUTION NO.: kzs-ooZ CONTRACT PRICE: $543,367.00 AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR 2022 LINE CREEK TRAIL CONNECTOR PROJECT Project No: 218-018 THIS AGREEMENT, made and entered into as of the J_ day of January, 2023, by and between the City of Riverside, Missouri ("City"), and Dondlinger and Sons Construction Company, Inc. ("Contractor"), shall govern all Work to be provided by Contractor for City on the Project. WHEREAS, City, under the provisions of Resolution No. 2OZ3-002 , duly approved on the Yd day of January, 2023 and by virtue of the authority vested in City by the general ordinances of City, intends to enter into one or more contracts for the Project; and WHEREAS, the Mayor is authorized and empowered by City to execute contracts on behalf of City, and the City Administrator ("Administrator") is authorized to perform Administrator's functions set forth in this Agreement; and WHEREAS, Administrator may designate one or more engineers, architects, or other persons to assist Administrator in performing Administrator's functions under this Agreement; and WHEREAS, City desires to enter into an agreement with Contractor to obtain labor, services, materials, supplies, tools, equipment, supervision, management, and other items as set forth in this Agreement; and WHEREAS, Contractor represents that Contractor is equipped, competent, and able to provide all the Work, in accordance with this Agreement; NOW THEREFORE, in consideration of the mutual covenants and consideration herein contained, IT IS HEREBY AGREED by City and Contractor as follows: ARTICLE I DEFINITIONS As used in this Agreement and the other Contract Documents, the following words and phrases shall have the respective meanings set forth below. Any capitalized terms used but not defined in this Agreement shall have the meanings given to such terms in the other Contract Documents. A. "Administrator" has the meaning set forth in the recitals of this Agreement. B. "Application for Payment" has the meaning set forth in Article VI, Paragraph A of this Agreement. C. "City" has the meaning set forth in the preamble of this Agreement. D. "Change Order" means a change to the Project, which has been approved in accordance with the terms of this Agreement, specifically including, without limitation, the requirements set forth in Article VII of this Agreement. 31 E. "Contract Amount" has the meaning set forth in Article III, Paragraph A of this Agreement. F. "Contract Documents" has the meaning set forth in Article V, Paragraph A of this Agreement. G. "Contractor" has the meaning set forth in the preamble of this Agreement. H. "Design Engineer" means the following Design Engineer to the City of Riverside, Missouri: McClure, Matt Eblen; meblen(amcclurevision.com. 1. "Notice to Proceed" has the meaning set forth in Article IV, Paragraph A of this Agreement. J. "Project" means the building, facility, and/or other improvements for which Contractor is to provide Work under this Agreement. The Project may also include construction by City or others. K. "Resident Project Representative" means the following employee of the City of Riverside who shall manage the Project on behalf of the City: Noel Bennion - nbennion(ai'iversidemo.gov 816- 372-9028. L. "Subcontractor" means a person, firm or corporation supplying labor and materials or only labor for the Work for, and under separate contract or agreement with, the Contractor. M. "Substantial Completion" means the stage in the progress of the Work where the Work or designated portion is sufficiently complete in accordance with the Contract Documents so that the City can occupy or utilize the Work for its intended use. N. "Work" or "Work on the Project" means work to be performed at the location ofthe Project, including the transportation of materials and supplies to or from the location of the Project by employees of the Contractor and any Subcontractor. Work shall include all labor, services, materials, supplies, tools, equipment, supervision, management, and anything else necessary to accomplish the results and objectives described in Exhibit E (Scope of Work) and Exhibit F (Technical Specifications) to this Agreement and the other Contract Documents, in full compliance with all requirements set forth in the Contract Documents, subject to additions, deletions, and other changes as provided for in this Agreement. The Work may refer to the whole Project, or only a part of the Project if work on the Project also is being performed by City or others. ARTICLE II THE PROJECT AND THE WORK A. Contractor shall provide and pay for all Work for the Project. B. Contractor represents that it has evaluated and satisfied itself as to all conditions and limitations under which the Work is to be performed, including, without limitation, (1) the location, condition, layout, and nature of the Project site and surrounding areas, (2) generally prevailing climatic conditions, (3) labor supply and costs, and (4) availability and cost of materials, tools, and equipment. 32 City shall not be required to make any adjustment in either the Contract Amount or the time for performance of the Work because of Contractor's failure to do so. C. The Resident Project Representative shall act as the City's representative during the construction period, shall decide questions which may arise as the quality and acceptability of materials furnished and Work performed, and shall interpret the intent of the Contract Documents in a fair and unbiased manner. The Resident Project Representative may recommend, but cannot approve Change Orders resulting in an increase in time of performance or payments due to Contractor. The Resident Project Representative will make visits to the site and determine if the Work is proceeding in accordance with the Contract Documents. The Contractor will be held strictly to the intent of the Contract Documents in regard to the quality of materials, workmanship, and execution of the Work. Inspections may be at the factory or fabrication plant of the source of the material supply. The Resident Project Representative will not be responsible for the construction means, controls, techniques, sequences, procedures or construction safety. D. Contractor may be furnished additional instructions and detail drawings by the Resident Project Representative, as necessary to carry out the Work required by the Contract Documents. The additional drawings and instructions thus supplied will become a part of the contract drawings, and the Contractor shall carry out the Work in accordance with the additional detail drawings and instructions. ARTICLE III CONTRACT AMOUNT A. Provided Contractor performs all Work in accordance with the Contract Documents and complies fully with each and every obligation of Contractor under the Contract Documents, City shall pay Contractor the sum of Five Hundred Forty Three Thousand Three Hundred Sixty Seven Dollars ($543,367.00). This amount shall include all costs, permit fees, profit, overhead, expenses, taxes, and compensation of every kind related to the Work, and shall be referred to as the "Contract Amount." B. The Contract Amount is subject to final determination of Work performed at unit prices set forth in the Bid for Unit Price Contracts completed by Contractor. The quantities of unit price Work set forth in Contractor's Bid for Unit Price Contracts are estimates only, are not guaranteed, and are solely for the purpose of comparing bids and determining an initial Contract Amount. Unless otherwise stated elsewhere in the Contract Documents, (1) determination of the actual quantities and classifications of unit price Work performed will be made by City and (2) final payment for all unit price items set forth in Contractor's Bid for Unit Price Contracts will be based on actual quantities as determined by City. The Contractor is responsible for verifying the unit quantities before excavation and/or installation at the Project site. Contractor shall identify and notify the City of any variance in unit quantities in excess of ten percent (10%) of the amount set forth in Contractor's Bid for Unit Price Contracts IN ADVANCE of performing the Work. Any increase in quantities of materials or Work performed as a result of over - excavation by Contractor will not be compensated. C. Payment of the Contract Amount shall be full compensation for all labor, services, materials, supplies, tools, equipment, supervision, management, and anything else necessary to complete the respective items in place, in full compliance with all requirements set forth in the Contract Documents. All costs, permit fees, profit, overhead, expenses, taxes, and compensation of every kind related to the Work are included in the Contract Amount. No labor, services, materials, supplies, tools, 33 equipment, supervision, management, or anything else required by the Contract Documents for the proper and successful completion of the Work shall be paid for outside of or in addition to the Contract Amount. The Work set forth in the Contract Amount shall be itemized in Contractor's Bid for Unit Price Contracts. All Work not specifically set forth in Contractor's Bid for Unit Price Contracts as a separate pay item is a subsidiary obligation of Contractor, and all costs, permit fees, profit, overhead, expenses, taxes and compensation of every kind in connection therewith are included in the Contract Amount set forth in Contractor's Bid for Unit Price Contracts. D. THIS AGREEMENT IS SUBJECT TO THE CITY ORDINANCES, AND PAYMENT SHALL BE LIMITED TO THE AMOUNT OF PARTICULAR APPROPRIATION FOR THE WORK BY THE BOARD OF ALDERMEN. THE TOTAL PAYMENT UNDER THIS AGREEMENT SHALL NOT EXCEED THE APPROPRIATION CONTAINED IN THE APPLICABLE RESOLUTIONS OR ORDINANCES ADOPTED BY THE BOARD OF ALDERMEN AUTHORIZING THE WORK AND CONTRACTOR SHALL NOT SEEK, NOR BE ENTITLED TO, PAYMENT EXCEEDING THIS AMOUNT UNLESS CITY DIRECTS CONTRACTOR TO PERFORM ADDITIONAL WORK IN ACCORDANCE WITH THIS AGREEMENT, AND CITY ENACTS ANOTHER RESOLUTION OR ORDINANCE AUTHORIZING THE AMOUNT CITY AGREES TO PAY UNDER THIS AGREEMENT. ARTICLE IV PROGRESS OF WORK /SUBMITTALS A. COMMENCEMENT OF WORK. The date of beginning and the time for completion of the Work are essential conditions of the Contract Documents. Contractor shall commence performance of the Work on the date indicated in a written notice ("Notice to Proceed") that shall be given by City to Contractor. B. TIME FOR COMPLETION. Contractor shall achieve Substantial Completion, as defined in Article I hereof, no later than 120 Calendar Days from Notice to Proceed. The Contractor will proceed with the Work at such rate of progress to ensure Substantial Completion within the contract time. It is expressly understood and agreed, by and between the Contractor and the City, that the contract time to achieve Substantial Completion of the Work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the Work. No extensions will be granted, except in case of unusual (unseasonable) weather conditions or additional work requested by the City under Change Order. Following Substantial Completion, Contractor shall proceed to complete all uncompleted Work items as promptly as permitted by weather conditions or any other conditions affecting completion of the Work. C. LIQUIDATED DAMAGES. If Contractor fails to achieve Substantial Completion of all the Work as set forth in the Contract Documents, Contractor shall pay City $500.00 oer dav, as liquidated damages and not as a penalty, for each calendar day after such date, until Substantial Completion of all the Work is achieved. Contractor agrees that the sum of $500.00 per dav is a fair and reasonable approximation of the actual damages incurred by the City for the Contractor's failure to complete the Project within the time outlined above and that such liquidated damages in this section are not penal in nature but rather the parties' attempt to fairly quantify the actual damages incurred by the City for such delays. Recovery of liquidated damages is not City's exclusive remedy for Contractor's failure to 34 achieve Substantial Completion in accordance with this Agreement. Specifically, but without limitation, City may exercise any of its default or termination rights under this Agreement under all circumstances described herein, including but not limited to Contractor's failure to achieve Substantial Completion in accordance with Paragraph B above. Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the Work is due to unforeseen causes beyond the control and without the fault or negligence of the Contractor, including but not restricted to, acts of God, or the public enemy, acts of the City, acts of another contractor in the performance of a contract with the City, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and abnormal and unforeseeable weather provided that the Contractor has given written notice of such delay to the City within five (5) days of the event causing such delay. D. TIME OF THE ESSENCE. Time is of the essence in the performance of the Work and any other Contractor obligations under the Contract Documents. Contractor shall upon commencement of construction work daily to complete the Work except for Saturdays, Sundays, holidays, and days of inclement weather. This Paragmph does not preclude Contractor from working Saturdays, Sundays, holidays, or days of inclement weather. Contractor shall give the City at least 48 hours notice if intending to work on Saturday, Sunday, holidays or days of impending inclement weather. E. CONSTRUCTION SCHEDULE. Promptly after the execution of this Agreement, and in any event before commencing performance of the Work, Contractor shall submit to City for approval a construction schedule that specifies the dates on which Contractor plans to begin and complete various parts of the Work, including dates on which information and approvals are required from City. Upon City's written approval of the schedule, Contractor shall comply with it unless directed by City to do otherwise. Contractor shall update the schedule on a monthly basis or at more frequent appropriate intervals if required by the conditions of the Work and the Project. With each Application for Payment under Article VI of this Agreement, Contractor shall submit an updated, current schedule. Neither the original schedule nor any update shall exceed time limits for the entire Project under the Contract Documents. F. PHOTOGRAPHS OF PROJECT. The Contractor shall furnish photographs of the Project site in the number, type, and stage as enumerated below: 1. Pre -Construction photos - minimum of 15 ground level digital shots 2. Construction photos of significant changes - minimum of 15 ground level digital shots 3. Post Construction photos - minimum of 15 ground level digital shots G. DELAY IN PERFORMANCE. In the event the City determines that performance of the Work is not progressing as required by the Contract Documents or that the Work is being unnecessarily delayed or will not be finished within the prescribed time, the City may, in the City's sole discretion and in addition to any other right or remedy City may have, require Contractor, at Contractor's sole cost, to accelerate Contractor's progress. Such acceleration shall continue until the progress of the Work complies with the Contract Documents and clearly indicates that all Work will be completed within the prescribed time. H. SUSPENSION OF WORK. The City may suspend the Work or any portion thereof for a period of not more than ninety (90) days or such further time as agreed upon by the Contractor, by written notice to the Contractor which shall IN the date on which Work shall be resumed. The Contractor will resume the Work on the date so fixed. The Contractor will be allowed an increase in the contract price 35 or an extension of the contract time, or both, directly attributable to any suspension 1. DRAWINGS AND SPECIFICATIONS. The intent of the drawings and specifications is that the Contractor shall furnish all labor, materials, tools, equipment and transportation necessary for the proper execution of the Work in accordance with the Contract Documents and all incidental Work necessary to complete the Project in an acceptable manner, ready for use, occupancy or operation by the City. In case of conflict between the drawings and specification, the specifications shall govern. Figure dimensions on drawings shall govern over general drawings. Any discrepancies found between the drawings and specifications and site conditions or any inconsistencies or ambiguities in the drawings or specifications shall be immediately reported to the Resident Project Representative in writing, who shall promptly correct such inconsistencies or ambiguities in writing. Work done by the Contractor after discovery of such discrepancies, inconsistencies or ambiguities shall be done at the Contractor's risk. J. SHOP DRAWINGS. Contractor shall submit to Resident Project Representative for review all shop drawings, samples, product data, and similar submittals required by the Contract Documents. Contractor shall be responsible to City for the accuracy and conformity of its submittals to the Contract Documents. Shop drawings shall bear the Contractor's certification that it has reviewed, checked and approved the shop drawings and that they are in conformance with the requirements of the Contract Documents. Contractor shall prepare and deliver its submittals to City in a manner consistent with the construction schedule and in such time and sequence so as not to delay performance of the Work. Portions of the Work requiring a shop drawing or sample submission shall not begin until the shop drawing or submission has been reviewed by the Resident Project Representative. Review of any Contractor submittal shall not be deemed to authorize deviations, substitutions, or changes in the requirements of the Contract Documents unless express written approval is obtained from City specifically authorizing such deviation, substitution, or change. When submitted for the Resident Project Representative's review, any shop drawing which substantially deviates from the requirement of the Contract Documents shall be evidenced by a Change Order. If the Contract Documents do not contain submittal requirements pertaining to the Work, Contractor agrees upon request to submit in a timely fashion to City for review by Resident Project Representative any shop drawings, samples, product data, manufacturers' literature, or similar submittals as may reasonably be required by City. Contractor shall perform all Work strictly in accordance with approved submittals. Resident Project Representative's review does not relieve Contractor from responsibility for defective Work resulting from errors or omissions of any kind on the reviewed submittals. A copy of each shop drawing and each sample shall be kept in good order by the Contractor at the site and shall be available to the Resident Project Representative. K. MATERIALS, SERVICES AND FACILITIES. It is understood that except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature, and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the Work within the specified time. Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the Work. Stored materials and equipment to be incorporated in the Work shall be located so as to facilitate prompt inspection. Manufactured articles, materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned as directed by the manufacturer. Material, supplies and equipment shall be in accordance with samples submitted by the Contractor and approved by the Resident Project Representative. Materials, supplies or equipment to be incorporated into the Work shall not be purchased by the Contractor or by any Subcontractor subject 36 to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. L. INSPECTION AND TESTING OF MATERIALS. All materials and equipment used in the construction of the Project shall be subject to adequate inspection and testing in accordance with generally accepted standards, as required and defined in the Contract Documents. The Contractor shall provide at the Contractor's expense the testing and inspection services required by the Contract Documents. The City shall provide all inspection and testing services not required by the Contract Documents. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public authority having jurisdiction require any Work to specifically be inspected, tested or approved by someone other than the Contractor, the Contractor will give the Resident Project Representative timely notice of readiness. The Contractor will then famish the Resident Project Representative the required certificates of inspection, testing approval. Inspections, tests or approvals by the Resident Project Representative or others shall not relieve the Contractor from the obligation to perform the Work in accordance with the requirements of the Contract Documents. The Resident Project Representative and the City's representatives will at all times have access to the Work. In addition, authorized representatives and agents of any participating Federal or State agency shall be permitted to inspect all Work, materials, payrolls, records or personnel, invoices of materials and other relevant data and records. The Contractor will provide proper facilities for such access and observation of the Work and also for any inspection or testing thereof. If any Work is covered prior to inspection by the Resident Project Representative it must, if requested by the Resident Project Representative, be uncovered for the Resident Project Representative's observation and replaced at the Contractor's expense. If the Resident Project Representative considers it necessary or advisable that covered Work be inspected or tested by others, the Contractor, at the Resident Project Representative's request, will uncover, expose or otherwise make available for observation, inspection or testing as the Resident Project Representative may require, that portion of the Work in question, furnishing all necessary labor, materials, tools and equipment. M. CORRECTION OF WORK. The Contractor shall promptly remove from the Project site all Work rejected by the Resident Project Representative for failure to comply with the Contract Documents, whether incorporated in the construction or not, and the Contractor shall promptly replace and re -execute the Work in accordance with the Contract Documents and without expense to the City and shall bear the expense of making good all work of other contractors destroyed or damaged by such removal or replacement. All removal and replacement Work shall be done at the Contractor's expense. If the Contractor does not take action to remove such rejected Work within ten (10) days after receipt of written notice, the City may remove such Work and store the materials at the expense of the Contractor. N. SUBSTITUTIONS. Whenever a material, article, or piece of equipment is identified on the drawings and specifications by referenced to brand name or catalog numbers, it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacitates, quality and function shall be considered. The Contractor may recommend the substitution of material, article or piece of equipment of equal substance and function for those referred to in the Contract Documents by referenced to brand name or catalog number, if, in the opinion of the City, such material, article or piece of equipment is of equal substance function to that specified, the City may approve, in writing, its substitution and use by the Contractor. Any cost differential shall be deductible from the contract price and in such event the Contract Documents shall be modified by Change Order. The Contractor warrants that if substitutes are approved, no major changes 37 in the function or general design of the Project will result. Incidental changes or extra component parts required to accommodate the substitute will be made by the Contractor without a change in the contract price or contract time. O. LANDS & RIGHT OF WAY. Prior to issuance of Notice to Proceed, the City shall obtain all lands and rights -of -way necessary for the carrying out and completion of Work to be performed pursuant to the Contract Documents, unless otherwise mutually agreed by the Contractor and City, in writing. The City shall provide to Contractor information which delineates and describes the lands owned and right of way acquired. The Contractor shall provide at its own expense and without liability to the City any additional land and access thereto that the Contractor may desire for temporary construction facilities, or for storage of materials. P. SURVEYS, PERMITS AND REGULATIONS. The City shall furnish all boundary surveys and establish all base lines for locating the principal component parts of the Work together with a suitable number of bench marks adjacent to the Work as shown in the Contract Documents. From the information provided by the City, unless otherwise specified in the Contract Documents, the Contractor shall develop and make all detail surveys needed for construction such as slope stakes, batter boards, stakes for pipe locations and other working points, lines, elevations and cut sheets. The Contractor shall carefully preserve bench marks, reference points and stakes and, in case of willful or careless destruction, shall be charged with the resulting expense and shall be responsible for any mistake that may be caused by their unnecessary loss or disturbance. Permits and licenses of temporary nature necessary for the prosecution of the Work shall be secured and paid for by the Contractor unless otherwise stated in the supplemental general conditions. Permits, licenses and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the City, unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the Work as drawn and specified. If the Contractor observes that the Contract Documents are at variance therewith, the Contractor shall promptly notify the City in writing, and any necessary changes shall be adjusted as provided in Article VII changes in the Work. Q. SUBSURFACE CONDITIONS. The Contractor, before bidding the Project, has the responsibility to become familiar with the Project site and the conditions under which Work will have to be performed during the construction period. Excavating for foundations of surface structure: buildings, bridges, tanks, towers, retaining walls and other types of surface structures. The Contractor shall promptly, and before such conditions are disturbed (excepting an emergency), notify the City by written notice of subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents. Contractor shall also be required to notify City of any unknown physical conditions at the site of unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents at the location of the Project. The City shall investigate the conditions, and if it is found that such conditions do so materially differ and cause an increase or decrease in the cost of, or in the time required for, performance of the Work, the Contract Documents may be modified by Change Order as provided in Article VIL Any claim of the Contractor for adjustment hereinafter shall not be allowed unless the required written notice has been given; provided that the City may, if the City determines the facts so m justify consider and adjust any such claims asserted before the date of the final payment. Excavating for below -surface structures: water mains, sewers, power and telephone cables and other types of below surface structures. No extra compensation will be paid for rock excavation or varying geologic features encountered on the Project, unless so shown as a bid item in the Bid Form for bid. If man-made hazards are encountered by the Contractor, excluding utilities, which are not visible from the surface, such as buried concrete foundations, buried garbage dumps that cannot be by-passed and requires additional Work consult the Resident Project Representative. R. SUPERVISION BY CONTRACTOR. The Contractor will supervise and direct the Work. The Contractor will be solely responsible for the means, methods, techniques, sequences and procedures of construction. The Contractor will employ and maintain on the Work a qualified supervisor or superintendent who shall have been designated in writing by the Contractor or the Contractor's representative at the site. The supervisor shall have full authority to act on behalf of the Contractor and all communications given to the supervisor shall be a binding as if given to the Contractor. The supervisor shall be present on the site at all times as required to perform adequate supervision and coordination of the Work. ARTICLE V CONTRACT DOCUMENTS A. The following documents, and any other documents that are attached to, incorporated by reference into, or otherwise included in them, and all Change Orders, are hereby incorporated into this Agreement, and form the entire agreement between City and Contractor, and are referred to as the Contract Documents: 1. INFORMATION FOR BIDDERS 2. BID FOR UNIT PRICE CONTRACTS 3. BID FORM 4. BID BOND 5. EXPERIENCE QUESTIONNAIRE 6. BUSINESS ENTITY CERTIFICATION, ENROLLMENT DOCUMENTATION, AND AFFIDAVIT OF WORK AUTHORIZATION WITH E-VERIFY 7. This AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR 8. PERFORMANCE BOND 9. PAYMENT BOND 10. PREVAILING WAGE RATES - STATE OF MISSOURI DIVISION OF LABOR STANDARDS 11. TIME FOR COMPLETION 12. SCOPE OF WORK 13. TECHNICAL SPECIFICATIONS 14. NOTICE TO PROCEED 15. APPLICATION FOR PAYMENT FORM 39 16. CHANGE ORDER FORM 17. CERTIFICATE FOR SUBSTANTIAL COMPLETION 18. AFFIDAVIT OF COMPLIANCE WITH THE PREVAILING WAGE LAW 19. CONTRACTOR AFFIDAVIT FOR FINAL PAYMENT 20. SUBCONTRACTOR AFFIDAVIT FOR FINAL PAYMENT 21. ENGINEERICONSULTANT CERTIFICATE for Acceptance & Final Payment 22. FHWA 1273 23. CERTIFICATION REGARDING NON -SEGREGATED FACILITIES 24. CERTIFICATION REGARDING DEBARMENT, ETC. 25. MATERIAL OF ORIGIN FORMS 26. STORMWATER POLLUTION PREVENTION PLAN (SWPPP) B. Contractor represents that it has examined and become familiar with the Contract Documents in their entirety, that any and all ambiguities, inconsistencies, and conflicts observed by Contractor have been called to City's attention in writing and have been resolved in writing to Contractor's satisfaction. Except for actual conflict between provisions in the Contract Documents, making it impossible for Contractor to comply with all provisions of the Contract Documents, the Contract Documents shall be cumulative, and Contractor shall comply with all provisions of all Contract Documents. In case of actual conflict, Contractor shall notify City of the conflict in writing and then shall comply with such provisions of the Contract Documents as City directs. ARTICLE VI PAYMENTS A. Prior to submitting its first application for payment in accordance with the terms hereof in substantially the form attached hereto as Exhibit H (an "Application for Payment"), Contractor shall provide City with a schedule of values dividing the Work, and the Contract Amount, into workable categories in a form acceptable to City. Each Application for Payment shall be based upon the percentage of actual completion of each category, multiplied by the dollar value of such category. B. On or about the first day of Contractor's monthly accounting period, Contractor shall submit an Application for Payment to the Resident Project Representative. In addition to the amount of payment requested in the Application for Payment, each Application for Payment shall list the original Contract Amount, the amount Contractor has invoiced City to date, the amount Contractor has received to date, total additions to and deletions from the Contract Amount pursuant to approved Change Orders, and an itemization of any further additions to or deletions from the Contract Amount that Contractor claims. Contractor shall identify each Subcontractor and supplier whom Contractor intends to pay from the requested payment and shall state the amount Contractor intends to pay each such Subcontractor and supplier. An Application for Payment shall not include a request for payment for any portion of the Work that was performed or furnished by a Subcontractor or supplier if Contractor does not intend to pay such Subcontractor or supplier from such payment, nor shall the Application for Payment include a request for payment for any Work performed deemed unsatisfactory by City. Contractor shall include with each Application all supporting documentation as City may require. The City shall, within fifteen (15) days, 40 review and approve such Application for Payment, or return the Application for Payment to the Contractor indicating in writing the reasons for refusing to approve payment. In the latter case, the Contractor may make the necessary corrections and resubmit the Application. Within fifteen (15) days of its receipt of payment from City, Contractor shall pay all Subcontractors and suppliers to whom payment is owed from the amount paid to Contractor. C. All payments under this Agreement shall be made only upon the approval of Resident Project Representative and Administrator. Resident Project Representative shall review each Application for Payment and certify for payment such amounts as Resident Project Representative determines are due Contractor. From the total amount certified, City shall withhold five percent (5%) as retainage until final completion and acceptance of the Work. The five percent (501.) retainage may be reduced by Change Order if final completion and acceptance of the Work is delayed due to unforeseen circumstances and the Work is usable for its intended purpose by the City. If reduction in the retainage is approved, the remaining retainage shall be an amount equal to or greater than 200% of the estimated amount necessary to complete the Work. D. The City Treasurer, upon presentation of an Application for Payment, shall prepare a check for the sum certified to be due (exclusive of retainage), payable out of the funds in the City Treasury available for Contractor under the authorizing Resolution or Ordinance approved by the Board of Aldermen. Payment shall be made to Contractor after the Board of Aldermen review and approve the payment and authorize the Mayor and City Treasurer to sign and deliver the check. E. Neither Administrator or Resident Project Representative's approval certificate nor payment made to Contractor shall constitute acceptance of any part of the Work. Contractor shall remain obligated to perform all Work in accordance with the Contract Documents. F. With each Application for Payment, Contractor shall submit a signed certificate of receipt of prior payments and release of claims and rights in connection with prior payments, in a form approved by City. City may, at its option, also require a similar receipt and release of claims and rights from each Subcontractor or supplier performing any Work, prior to making any payment to Contractor. The Subcontractors' and suppliers' receipts and releases shall be in a form approved by City and shall indicate that (except for retainage) all debts for Work performed or materials supplied included on any previous Application for Payment to City from Contractor have been satisfied and that the Subcontractor or supplier waives and releases any and all claims or rights in connection therewith. G. Contractor shall not be entitled to final payment for the Work until Contractor submits a final Application for Payment, all requirements of the Contract Documents are complied with, and Resident Project Representative issues his or her certificate to that effect. The Engineer's Certificate of Acceptance will be on the form attached hereto as Exhibit N. City, within thirty (30) days after the delivery of Engineer's Certificate of Acceptance, shall pay Contractor all remaining funds which Contractor is due under this Agreement. H. Acceptance of final payment by Contractor shall release City from all further obligations to Contractor, except as to such amounts, if any, Contractor has identified in its final Application for Payment as claimed by Contractor. All claims not identified in the final Application for Payment are waived. Any payment, however final or otherwise, shall not release the Contractor or its sureties from any obligations under the Contract Documents or the Performance and Payment Bonds. 41 1. City may withhold final or any other payment to Contractor on any reasonable basis, including but not limited to the following: 1. Unsatisfactory job progress, 2. Defective Work, 3. Failure to make payments to Subcontractors or suppliers, 4. Reasonable evidence that all Work cannot be completed for the unpaid balance of the Contract Amount, S. Damage by Contractor or Subcontractors or suppliers to property of City or others, 6. Contractor's breach of this Agreement, or 7. Contractor's failure to provide requested documentation. J. The Contractor shall, at the request of City, furnish satisfactory evidence that all obligations to Subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery and parts thereof, equipment, tools and all supplies incurred in the furtherance of the performance of the Work have been paid, discharged or waived. If Contractor does not pay Subcontractors or suppliers for labor and/or material properly provided, City may, but shall not be required to, pay Subcontractors and suppliers directly. Any payments made to Subcontractors and suppliers shall be charged against the Contract Amount. City shall not be liable to Contractor for any such payments made in good faith. This provision shall not confer any right upon any Subcontractor or supplier to seek payment directly from City. K. Notwithstanding any other provision for payment contained herein, in the event the Missouri Department of Labor and Industrial Relations has determined that a violation of Section 292.675 RSMo has occurred and that a penalty shall be assessed, the City shall withhold and retain all sums and amounts due and owning when making payments to Contractor under this Agreement. ARTICLE VII CHANGES/CLAIMS A. City, without invalidating this Agreement, may at any time and without notice to any surety, order additions to, deletions from, or other changes to the Work. Upon receipt of such an order, in writing, Contractor shall proceed as and when directed in the order. Contractor shall not proceed with any addition, deletion, or other change without a written order. No oral direction or order shall constitute authority for Contractor to proceed with any addition, deletion, or other change. If Contractor undertakes any addition, deletion, or other change without a written order from City, Contractor shall not be entitled to any increase in the Contract Amount or the time for performance of the Work, and Contractor shall be solely and completely responsible for the acceptability to City of the addition, deletion, or other change. B. If a change to the Work causes a net increase or decrease in the cost of Contractor's performance, the Contract Amount shall be increased or decreased as follows: 42 1. If the Work is covered by unit prices set forth in Contractor's Bid for Unit Price Contracts, by application of such unit prices to the quantities of the items involved; or 2. If the Work involved is not covered by unit prices set forth in Contractor's Bid for Unit Price Contracts, by a lump sum as to which Contractor and City mutually agree prior to the commencement of performance of the change. C. If a change to the Work causes an increase or decrease in the time required for Contractor's performance, an equitable adjustment to the time for performance shall be made. D. A change in the Contract Amount or the time for performance of the Work shall be accomplished only by written Change Order, which shall state the increase or decrease, if any, in the Contract Amount or the time for performance. No course of conduct or dealings between the parties, nor express or implied acceptance of alterations or additions to the Work, and no claim that City has been unjustly enriched by any alteration or addition to the Work, whether or not there is, in fact, any such enrichment, shall be the basis of any claim to an increase in any amounts due under the Contract Documents or a change in the time for performance of the Work. E. Agreement on any Change Order shall constitute a final settlement of all matters relating to the change in the Work that is the subject of the Change Order, including but not limited to all direct and indirect costs associated with such change and any and all adjustments to the Contract Amount and time for performance of the Work. F. If Contractor is delayed or interfered with at any time in the commencement or prosecution of the Work by an act or neglect of City, an employee, officer, or agent of City, or an architect or engineer or separate contractor engaged by or on behalf of City, or by changes ordered in the Work, an act of God, fire, or other cause over which Contractor has no control and that Contractor could not reasonably anticipate, the time for performance of the Work shall be equitably extended, provided that Contractor gives notice as provided for in Paragraph G below. G. Any claim by Contractor for additional time or money for the performance of the Work, including but not limited to any claim based on or arising out of an addition to, deletion from, or other change to the Work and/or delay to or interference with commencement or prosecution of any of the Work, shall be submitted to City's designated representative within five (5) working days of the beginning of the event for which the claim is made or on which it is based. If any claim is not submitted within the five-day period, it shall be deemed waived. H. No change or claim, nor any delay or dispute concerning the determination of any increase or decrease in the amount of time and money for the performance of the Work, shall excuse Contractor from proceeding with prosecution of the Work, including any Work as changed. ARTICLE VIII INSURANCE A. Contractor shall, at all times during the performance of any of the Work, maintain not less than the following insurance coverages and amounts: 43 1. COMMERCIAL GENERAL LIABILITY - Contractor shall provide coverage for Contractor, City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City against claims for damage to property and/or illness of, injury to, or death of any person or persons related to or arising out of the Work. Such coverage shall name the City, together with its employees and officers, as an additional insured and have not less than the following limits: a. Each occurrence $3,000,000.00 b. General aggregate $3,000,000.00 c. Products/completed operations aggregate $3,000,000.00 d. The following coverage shall be included: • Blanket contractual liability • Products/completed operations • Personal/advertising injury • Broad form property damage • Independent contractors • Explosion, Collapse, and Underground Damage 2. OWNERS PROTECTIVE LIABILITY — Contractor shall purchase, maintain and deliver to the City for operations of the Contractor of any Subcontractor in connection with execution of the agreement Owner's Protective Liability insurance in the same minimum amounts as required for Commercial General Liability Insurance above. AUTOMOBILE LIABILITY - Contractor shall provide coverage for Contractor, City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City against claims for bodily injury and/or property damage arising out of the ownership or use of any owned, hired, and/or non - owned vehicle and shall include protection for any auto, or all owned autos, hired autos, and non -owned autos. The coverage shall have not less than a combined single limit of $3,000,000.00 for each accident. 4. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY - This insurance shall protect Contractor against all claims under applicable state workers' compensation laws. Contractor also shall be protected through employer's liability coverage against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workers' compensation law. The limits shall not be less than the following: a. Workers' Compensation Statutory b. Employer's Liability: • Bodily injury by accident $1,000,000.00 • Bodily injury by disease $500,000.00 each employee 44 B. All insurance shall be written by an insurer or insurers acceptable to City and with a minimum financial rating not lower than "A-" in Best's Insurance Guide, latest edition. All insurance shall be written on an occurrence basis, and all aggregate limits shall apply in total to the Work only. Each policy providing general liability coverage or automobile liability coverage (including any umbrella or excess policy that provides any required general or automobile liability coverage) shall provide contractual liability coverage for all indemnity obligations of Contractor under the Contract Documents. Each policy providing general liability or automobile liability coverage (including any umbrella or excess policy that provides any required general or automobile liability coverage) shall, in form satisfactory to City, (1) name as additional insureds City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, and (2) provide that it is primary to any other insurance maintained by any additional insured, which other insurance shall be excess or contingent. The insurance provided to the additional insureds shall apply, without limitation, to injury or damage caused by Work included in the products/completed operations hazard. C. Contractor shall maintain the products and completed operations coverage for not less than one (1) year after the date of final acceptance by City of all of Contractor's Work. D. Contractor shall obtain property insurance upon the entire Work for the full cost of replacement at the time of loss. This insurance shall list as named insureds City, Contractor, Subcontractors, and suppliers. This insurance shall be written as a Builder's Risk/Installation Floater"all risk" or equivalent forth to cover all risks of physical loss except those specifically excluded by the policy and shall insure at least against the perils of fire, lightning, explosion, wind storm, hail, smoke, aircraft and vehicles, riot and civil commotion, theft, vandalism, malicious mischief, debris removal, flood, earthquake, earth movement, water damage, wind, testing, and collapse. This insurance shall, without limitation, insure portions of the Work stored on or off the Project site or in transit, when at the risk of City, Contractor, or a Subcontractor or supplier. Contractor shall be solely responsible for any deductible amounts. This insurance shall remain in effect until final payment has been made to Contractor or until no person or entity other than City has an insurable interest in the property to be covered by this insurance, whichever is sooner. City and Contractor waive all rights against each other and their respective employees, agents, contractors, Subcontractors, and suppliers for damages caused by risks covered by the property insurance provided for in this Paragraph, except such rights as they may have to the proceeds of the insurance. E. All policies and certificates of insurance shall provide no less than thirty (30) days' prior written notice to City in the event of cancellation, expiration, non -renewal, alteration, or reduction (including but not limited to reduction by paid claims) of coverage or limits contained in the policy or evidenced by the certificate of insurance. Contractor shall furnish City a certificate or certificates and copies of policies, all satisfactory to City, evidencing that Contractor has all the required insurance and is in compliance with this Article. The certificate or certificates and copies of policies shall be delivered to City's designated representative not less than seven (7) days before Contractor first performs any of the Work. All policies except Workers' Compensation and Employer's Liability shall contain a waiver of subrogation in favor of City, its employees, officers, and agents, and architects, engineers, or other design professionals engaged by or on behalf of City. 45 F. Contractor also shall maintain any additional insurance coverages and any higher limits provided for elsewhere in the Contract Documents and shall furnish City any additional insurance documentation provided for elsewhere in the Contract Documents. G. If any part of the Work is subcontracted, each Subcontractor, or Contractor on behalf of the Subcontractor, shall maintain liability and worker's compensation insurance coverages and amounts satisfying all the requirements of this Article. Certificates and copies of policies, satisfactory to City, evidencing the required insurance and compliance with this Article shall be delivered to City's designated representative not less than seven (7) days before the Subcontractor first performs any of the Work. H. If Contractor is a transient employer as defined in Section 285.230 RSMo, Contractor must post in a prominent and easily accessible place at the Work site a clearly legible copy of the following: (1) the notice of registration for employer withholding issued to such transient employer by the Director of Revenue; (2) proof of coverage for workers' compensation insurance or self-insurance signed by the transient employer and verified by the Department of Revenue through the records of the Division of Workers' Compensation; and (3) the notice of registration for unemployment insurance issued to such transient employer by the Division of Employment Security. Any transient employer failing to comply with these requirements shall, under Section 285.234 RSMo be liable for a penalty of $500 per day until the notice required by this Paragraph are posted as required by law. ARTICLE IX INDEMNITY A. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless City, its employees, officers, and agents, and any architects, engineers, or other design professionals engaged by or on behalf of City, from and against claims, damages, losses, and expenses, including but not limited to attorney's fees, arising out of or resulting from the performance of the Work, provided that such claim, damage, loss, or expenses is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused or allegedly caused by the negligent or willful acts or omissions of Contractor, a Subcontractor or supplier, or anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether such claim, damage, loss, or expense is caused in part by a party indemnified hereunder. This obligation is not intended to, and shall not, negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person as set forth in this Agreement. B. In claims against any person or entity indemnified herein by an employee of Contractor, a Subcontractor or supplier, or anyone directly or indirectly employed by them or for whose acts they may be liable, the indemnification obligation shall not be limited by a limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or a Subcontractor or supplier under workers' compensation acts, disability benefit acts, or other employee benefit acts. ARTICLE X PATENT LIABILITY Contractor agrees to defend, indemnify, and hold harmless City, its officers, employees and agents from and against any claim, action or suit that may be brought against them for Contractor's 46 infringement of any Letters Patent in the performance of this Agreement or any breach or violation of trademark or proprietary or trade secret rights of others, as well as against any judgments, decrees, damages, costs and expenses sought, adjudicated, or recovered against any of them, on account of any such actual or alleged infringement. ARTICLE XI COVENANT AGAINST LOBBYING AND UNDUE INFLUENCE A. Contractor represents and warrants that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to void this Agreement without liability and, in its discretion, to deduct from the Contract Amount, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. B. Contractor represents and warrants that no payments have been or shall be made, directly or indirectly, by or on behalf of Contractor to or for the benefit of any officer, employee, or agent of City who may reasonably be expected to influence the decision to requisition issue or take any action with respect to this Agreement. Contractor shall allow a mutually agreeable nationally recognized certified public accounting fine to examine, at City's expense, such of Contractor's books and records as may be necessary, in the accountant's reasonable opinion, to verify Contractor's compliance with this Article. C. No official of the City who is authorized in such capacity and on behalf of the City to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspection, construction, or material supply contract or any subcontract in connection with the construction of the Project, shall become directly or indirectly interested personally in this Agreement or in any part hereof. No officer, employee, architect, attorney, engineer, or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any legislative, executive, supervisory, or other similar functions in connection with the construction of the Project, shall become directly or indirectly interested personally in this Agreement or in any part thereof, any material supply contract, subcontract, insurance contract, or any other contract pertaining to the Project. ARTICLE XII RECORDS REGARDING PAYMENT For a period of at least two (2) years after final payment to Contractor, Contractor shall maintain, in accordance with generally accepted accounting principles, such records as are necessary to substantiate that all Applications for Payment hereunder were valid and properly chargeable to City. For lump sum contract Work, the records shall demonstrate that the City was billed at appropriate times for proper percentages of completion and for payments to Subcontractors and suppliers. For any Work, including extra Work, not charged on a lump sum basis, the records to be maintained hereunder include but are not limited to all contracts, subcontracts, material bills, correspondence, accounting records, time sheets, payroll records, canceled checks, orders, and invoices pertaining to City's account. City or its representative shall, upon reasonable prior notice to Contractor, be given the opportunity to audit these 47 records at any time during normal business hours to verify the accuracy of Contractor's invoices and charges. ARTICLE XIII NOTICES A. The following persons are designated by the respective parties to act on behalf of such party and to receive all written notices and Applications for Payment: If to the City: If to the Contractor: Noel Bennion 2950 NW Vivion Rd. City of Riverside, MO Riverside, MO 64150 nbennion(iilriversidemo.aov with a copy to: McClure Matt Eblen 5015 NW Canal Street, #100 Riverside, MO 64150 meblen(amcclurevision.com Name: Mark Lorenz Title: Vice President Street Address: 2656 S Sheridan City, State Zip: Wichita, KS 67217 Email: mlorenz(adondlineerconst.com B. Any notice required by the Contract Documents to be given in writing or that either City or Contractor wishes to give to the other in writing shall be signed by or on behalf of the party giving notice. The notice shall be deemed to have been completed when sent by certified or registered mail to the other party at the address set forth herein or delivered in person to said party or their authorized representative. C. Contractor's designated representative shall be available to meet with City at any time during the performance of the Work and shall have full authority to act on Contractor's behalf on any matter related to this Agreement and/or the Work. ARTICLE XIV DEFAULT AND TERMINATION A. If Contractor fails to comply, becomes unable to comply, or with reasonable probability (as determined solely by City) will become unable to comply with any of Contractor's obligations under the Contract Documents, including but not limited to (1) failure at any time to furnish sufficient labor or supervision, sufficient materials or services (including but not limited to insurance and bonds) complying with the Contract Documents, or sufficient or properly operating tools, equipment, or other items necessary for the performance of the Work, (2) failure in any respect to prosecute the Work with promptness and diligence, (3) causing any stoppage of, delay in, or interference with any work of City 48 or any others on the Project, (4) abandonment by Contractor of all or any part of the Work, or (5) bankruptcy, insolvency or general assignment for the benefit of creditors by Contractor, Contractor shall be in default, and if the default is not corrected to City's satisfaction within seventy-two (72) hours of delivery of a written notice to Contractor to correct such default, City may, in addition to any other right or remedy City may have, terminate the services of the Contractor and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and finish the Work by whatever method the City may deem expedient to correct the default, at Contractor's expense. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished. If such costs exceed the unpaid balance due to Contractor, the Contractor will pay the difference to the City. B. If City exercises its right to take over and complete any part or all of the Work, City and its designees shall have access to and may take possession of Contractor's materials, tools, equipment, and other items at the Project site, en route to the site, or in storage or being manufactured or fabricated away from the site, as may be necessary to prosecute the Work taken over by City, and may employ Contractor's employees or former employees, all without any liability to Contractor. C. Contractor shall be liable for and shall pay to City all costs and expenses of whatsoever nature incurred by City as a result of any default by Contractor, including but not limited to the cost of labor, supervision, materials, tools, equipment, services, overhead, travel, and legal and accounting fees. Contractor also shall he liable for and shall pay to City all charges, liabilities, fines, penalties, losses, damages, and claims sustained by or assessed against City as a result of any delay or disruption resulting from any default by Contractor. The total amount of such costs, expenses, charges, liabilities, fines, penalties, losses, damages, and claims may be deducted by City from the amount, if any, otherwise due Contractor, and Contractor shall pay City the full amount of any excess of such total over the amount otherwise due Contractor. D. No right or remedy conferred upon or reserved to City by the Contract Documents is exclusive of any other right or remedy provided or permitted in the Contract Documents or by law or equity, but each right or remedy is cumulative of every other right or remedy, and every right or remedy may be enforced concurrently or from time to time. No exercise by City of any right or remedy shall relieve Contractor from full and absolute responsibility for all of Contractor's obligations under the Contract Documents. E. No failure or delay of City to give notice to correct any default of Contractor or to exercise any of City's rights or remedies shall waive or excuse the default, and City shall remain free to pursue all rights and remedies. No failure of City to insist, in any one or more instances, upon the performance of any of Contractor's obligations under the Contract Documents shall be deemed or construed as a waiver or relinquishment of City's right to insist upon strict performance of the obligation in any future instance. F. If through no act or fault of the Contractor, the Work is suspended for a period of more than ninety (90) days by the City or under an order of court or other public authority, or the City fails to act on any request for payment within thirty (30) days after it is submitted, or the City fails to pay the Contractor substantially the sum approved by the Resident Project Representative and Administrator, then the Contractor may after ten (10) days from delivery of written notice to the City terminate the Agreement and recover from the City payment total[ Work executed. 49 G. The City, without terminating the service of the Contractor or written notice to the Surety, through the Administrator may withhold, without prejudice to the rights of the City under the terms of the Agreement, or on account of subsequently discovered evidence, nullify the whole or part of any approved partial payment estimate to such extent as may be necessary to protect the City from loss on account of (1) defective Work not remedied, (2) claims filed or reasonable evidence indicating probably filing of claims, (3) failure of Contractor to make payments property to Subcontractors or for material or labor, (4) a reasonable doubt that the Work can be completed for the balance then unpaid, (5) damages to another contractor, or (6) performance of Work in violation of the terms of the Contract Documents. ARTICLE XV TERMINATION FOR CONVENIENCE Notwithstanding anything contained herein to the contrary, City may, at any time, for any reason, and without Contractor's being in default, terminate Contractor's performance of any part or all of the Work for City's own convenience by giving written notice to Contractor. Upon receipt of notice of termination for City's convenience, Contractor shall, to the extent directed by City, stop Work and turn over to City or City's designee materials and equipment purchased for the Work. City shall pay Contractor, in accordance with the Contract Documents, for only so much of the Work as is actually performed as of the termination for convenience. City shall not be obligated to Contractor for any further payment, including but not limited to prospective overhead or profit on unperforated Work. If a termination by City of Contractor's right to proceed on the ground of default by Contractor is determined later to have been improper, the termination automatically shall be converted to a termination for City's convenience, and City's obligation to Contractor shall be limited to payment to Contractor as provided in this Article. ARTICLE XVI COMPLIANCE WITH LAWS A. Contractor shall comply strictly with all federal, state, and local laws, ordinances, rules, regulations, orders, and the like applicable to the Work, including, but not limited to any applicable prevailing wage and prompt payment laws and all U.S. Amy Corps of Engineers guidelines, rules, regulations, and criteria for Work within or adjacent to a flood control project area. Contractor shall secure all permits from public and private sources necessary for the fulfillment of Contractor's obligations under the Contract Documents. B. With each Application for Payment submitted by Contractor to City, Contractor shall include (a) a signed statement, in form acceptable to City, showing, for each weekly payroll period that ended during the period covered by the Application for Payment, the name, address, social security number, occupation, and craft of each worker employed by Contractor in connection with the Work and, for each such worker, the number of hours worked each day, the total hours worked during the payroll period, the gross amount earned, an itemization of all deductions, and the net wages paid and (b) a corresponding statement from each Subcontractor of any tier that employed any workers in connection with the Work during the period covered by the Application for Payment. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri. 50 ARTICLE XVII LABOR STANDARDS PROVISIONS A. MISSOURI PREVAILING WAGE LAW. Not less than the prevailing hourly rate of wages established by the Missouri Department of Labor and Industrial Relations Division of Labor Standards, as set out in the wage order set forth in Exhibit C attached to and made a part of, shall be paid to all workers performing Work under the Agreement. An Affidavit of Compliance with the Prevailing Wage Law as set forth in Exhibit K shall be completed by Contractor and every Subcontractor employed on the Project prior to final payment. The Contractor will forfeit a penalty to the City of $100 per day (or portion of a day) for each worker that is paid less than the prevailing rate for any Work done under the contract by the Contractor or by any Subcontractor. B. EXCESSIVE UNEMPLOYMENT. During periods of excessive unemployment (any month immediately following two consecutive calendar months during which the level of unemployment in the state has exceeded five percent (5%) as measured by the United States Bureau of Labor Statistics) only Missouri labors (persons who have resided in Missouri for at least thirty days and intend to become or remain Missouri residents) and laborers from non-restrictive states (persons who are residents of a state which has not enacted state laws restricting Missouri laborers from working on public works projects in that state, as determined by the Labor and Industrial Relations Commission), may be employed under the contract, except that other laborers may be used when Missouri laborers or laborers from nonrestrictive states are not available, or are incapable of performing the particular type of work involved, if so certified by the Contractor and approved by the City. C. UNDERPAYMENT OF WAGES. In case of underpayment of wages by the Contractor or by any Subcontractors to laborers or mechanics employed by the Contractor or Subcontractor upon the Work covered by this Agreement, the City, in addition to such other rights as may be afforded it under this Agreement shall withhold from the Contractor, out of any payments due the Contractor, so much thereof as the City may consider necessary to pay such laborers or mechanics the full amount of wages required by this Agreement. The amount so withheld may be disbursed by the City, for and on account of the Contractor or the Subcontractor (as may be appropriate), to the respective laborers or mechanics to whom the same is due or on their behalf to plans, funds, or programs for any type of fringe benefit prescribed in the applicable wage determination. D. LIMITATIONS ON EMPLOYMENT. No person under the age of sixteen (16) years and no person who, at the time, is serving sentence in a penal or correctional institution shall be employed on the Work covered by this Agreement. ARTICLE XVIII EQUAL EMPLOYMENT OPPORTUNITY 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 and 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, 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. 51 ARTICLE XIX SUBCONTRACTS, ASSIGNMENT, OR TRANSFER A. Except with the prior written consent of City, Contractor shall not assign this Agreement or any money due or to become due Contractor or issue a subcontract or purchase order to any person or entity for any or all of the Work. City's consent to any assignment, subcontract, or purchase order shall not relieve Contractor from any obligation under the Contract Documents, nor shall it create any obligation from City to any assignee, Subcontractor, or vendor. B. Each subcontract or purchase order issued by Contractor for any of the Work shall be in writing and shall provide that City is an intended third -party beneficiary of the subcontract or purchase order. C. The Contractor shall be fully responsible to the City for the acts and omissions of its Subcontractors, and of person either directly or indirectly employed by them, as the Contractor is for the acts and omissions of person directly employed by it. D. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the Work to bind Subcontractors to the Contractor by the terms of the Contract Documents insofar as applicable to the Work of Subcontractors and give the Contractor the same power as regards terminating any Subcontract that the City may exercise over the Contractor under any provision of the Contract Documents. Nothing contained in this Agreement shall create any contractual relation between any Subcontractor and the City. E. Each subcontract or purchase order issued by Contractor for any of the Work shall provide that it is freely assignable by Contractor to City. Contractor hereby assigns to City all its interest in any present or future subcontract or purchase order issued by Contractor for any or all of the Work. This assignment shall be effective upon acceptance by City in writing and only as to the specific subcontract(s) and/or purchase order(s) that City designates in the writing. This assignment may be accepted by City at any time, whether before or after final payment to Contractor, and may not be withdrawn by Contractor without City's written consent. ARTICLE XX SEPARATE CONTRACTS A. The City reserves the right enter into other contracts in connection with the Project. The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their Work, and shall properly connect and coordinate the work with theirs. If the proper execution or results of any part of the Contractor's Work depends upon the work of any other contractor, the Contractor shall inspect and promptly report to the Administrator any defects in such work that render it unsuitable for such proper execution and results. B. The City may perform additional work related to the Project or the City may enter into other contracts containing provisions similar to these. The Contractor will afford the other contractors who are parties to such contracts (or the City, if the City is performing the additional work) reasonable opportunity for the introduction and storage of materials and equipment and the execution of work, and shall properly connect and coordinate the Work with theirs. 52 C. If the performance of additional work by other contractors or the City is not noted in the Contract Documents prior to the execution of the contract, written notice thereof shall be given to the Contractor prior to starting any such addition work. If the Contractor believes that the performance of such additional work by the City or others involves it in additional expense or entitles it to any extension of the contract time the Contractor may make a claim thereof as provided in Article VII. ARTICLE XXI ACCESS TO SITE/CLEANING UP A. Contractor shall ensure that the Work, at all times, is performed in a manner that affords reasonable access, both vehicular and pedestrian, around the site of the Work and all adjacent areas. B. Representatives of City may inspect or review any Work performed by Contractor, and consult with Contractor, at any time. City's inspections or reviews shall not constitute acceptance or approval of Work unless specifically stated in writing. Contractor shall meet with City at the request of City. C. Contractor shall at all times, during performance of the Work, keep the Project site clean and free from debris resulting from the Work. Prior to discontinuing Work in an area, Contractor shall clean the area and remove all rubbish and its construction equipment, tools, machinery, waste, and surplus materials. Contractor shall make provisions to minimize and confine dust and debris resulting from construction activities. If Contractor fails to comply with cleanup duties within twenty-four (24) hours after written notification from City of non-compliance, City may implement cleanup measures without further notice and deduct the cost from any amounts due or to become due Contractor. ARTICLE XXII COMPETENCE Contractor represents and warrants that it maintains all necessary licenses, registration, competence, and experience to perform all the Work. ARTICLE XXIII WARRANTY A. Contractor shall exercise high professional skill, care, and diligence in the performance of the Work, and shall carry out its responsibilities in accordance with customarily accepted good professional practices. The Contractor shall guarantee all materials and equipment furnished and Work performed for a period of one (1) year from the date of completion and acceptance of the Work. The Contractor warrants and guarantees for one (1) year from the date of completion and acceptance of the Work that the completed Work is free from all defects due to faulty materials or workmanship. The date of completion for all scopes of work shall be the last date of acceptance of all Work in this Agreement. Contractor shall promptly make such corrections as may be necessary by reason of such defects including the repair of any other damages that were caused by defects in the Work, at its own expense. The City will give notice of observed defects with reasonable promptness. In the event that the Contractor fails to make such repairs, adjustments or other Work that may be necessary by such defects, the City may do so and charge the Contractor the cost thereby incurred. In emergency where, in the judgment ofthe City, delay would cause serious loss or damage, repairs and replacement of defects in the Work and damage 53 caused by defects may be made without notice being sent to the Contractor, and the Contractor shall pay the cost thereof. The Performance Bond shall remain in full force and effect through the warranty period. Neither final payment, Engineer's Final Certificate, nor any other prevision in the Contract Documents shall affect Contractor's obligation to complete the Work free of defects in workmanship and material. B. Contractor shall remain solely responsible for the performance of the Work as required by the Contract Documents, notwithstanding any suggestions or observations made by another person or entity with respect to the Work. C. This Article does not establish a period of limitation with respect to any obligation of Contractor under the Contract Documents, and does not limit the time allowed by law for any action for breach of such obligation. ARTICLE XXIV STORAGE OF MATERIALS AND EQUIPMENT The Contractor shall provide at its own expense and without liability to the City any additional land and access thereto that the Contractor may desire for temporary construction facilities, or for storage of materials. Only materials and equipment that are to be used directly in the Work shall be brought to and stored at the Project site by Contractor. After equipment is no longer required for the Work, it shall be promptly removed from the Project site. Protection of construction materials and equipment stored at the Project site from weather, theft, and all other casualty or damage is solely the responsibility of Contractor. ARTICLE XXV TAXES A Missouri Sales Tax Project Exemption Certificate (Missouri Department of Revenue Form 5060) will be provided by the City for the purchase of any materials or personal property incorporated into or consumed in the Project, pursuant to RSMo 144.062. The Contractor will pay all other sales, consumer, use and other similar taxes required by the State of Missouri or other taxing jurisdiction. ARTICLE XXVI SAFETY A. Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with perfomtance of the Work and shall take reasonable precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss to (1) employees and other persons at the Project site or who may be affected by the Work, (2) materials and equipment stored at on -site or off -site locations for use in performance of the Work, and (3) other property at the Project site or in its vicinity, such as trees, shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall give notices required by and comply strictly with applicable laws, ordinances, rules, regulations, orders, and the like bearing on safety of persons or property or their protection from damage, injury, or loss. The Contractor will erect and maintain, as required by the conditions and progress of the Work, all necessary safeguards for safety and protections. The Contractor 54 will notify owners of adjacent utilities when prosecution of the Work may affect them. The Contractor will remedy all damage, injury or loss to any property caused directly or indirectly, in whole or part, by the Contractor, any Subcontractor or anyone directly or indirectly employed by any of them or anyone whose acts any of them may be liable. C. The Contractor shall exemise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of its prosecution of the Work. The safety provisions of applicable laws and building and construction codes shall be observed and the Contractor shall take or cause to be taken, such additional safety and health measures as the City may determine to be reasonably necessary. D. Pursuant to Section 292.675 RSMo, Contractor shall provide a ten (10) hour Occupational Safety and Health Administration (OSHA) construction safety program for all employees who will be on -site at the Project. The construction safety program shall include a course in construction safety and health that is approved by OSHA or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program as required by Section 292.675 RSMo. Contractor shall require its on -site employees to complete a construction safety program within sixty (60) days after the date Work on the Project commences. Contractor acknowledges and agrees that any of Contractor's employees found on the Project site without documentation of the successful completion of a construction safety program shall be required to produce such documentation within twenty (20) days, or will be subject to removal from the Project. Contractor shall require all of its Subcontractors to comply with the requirements of this Paragraph and Section 292.675 RSMo. E. Contractor shall forfeit to the City as a penalty two thousand five hundred dollars ($2,500.00), plus one hundred dollars ($100.00) for each on -site employee employed by Contractor or its Subcontractor, for each calendar day, or portion thereof, such on -site employee is employed without the construction safety training required herein. The penalty described in this Paragraph shall not begin to accrue until the time periods herein have elapsed. Violations of this requirement and imposition of the penalty described in this Paragraph shall be investigated and determined by the Missouri Department of Labor and Industrial Relations. F. If City deems any part of the Work or the Project site unsafe, City, without assuming responsibility for Contractor's safety program, may require Contractor to stop performance of the Work or take corrective measures satisfactory to City, or both. If Contractor does not adopt corrective measures, City may perform them or have them performed and deduct their cost from the Contract Amount. Contractor shall make no claim for damages, for an increase in the Contract Amount, or for a change in the time for performance ofthe Work based on Contractor's compliance with City's reasonable request. ARTICLE XXVII AUTHORIZED EMPLOYEES Contractor acknowledges that Section 285.530 RSMo prohibits any business entity or employer from knowingly employing, hiring for employment, or continuing to employ an unauthorized alien to perform work within the State of Missouri. Contractor therefore covenants that it is not knowingly in violation of subsection 1 of Section 285.530 RSMo, and that it will not knowingly employ, hire for 55 employment, or continue to employ any unauthorized aliens to perform Work on the Project, and that its employees are lawfully eligible to work in the United States. ARTICLE XXVDI INDEPENDENT CONTRACTOR Contractor is an independent contractor, and neither Contractor or any Subcontractors, suppliers, employees, or agents shall be deemed an employee or agent of City for any purpose. ARTICLE XXIX CONFLICT Contractor shall promptly upon discovery notify City of any conflict, ambiguity or inconsistency in the Contract Documents, or between any Contract Document and actual field conditions, and City shall resolve such conflict, ambiguity or inconsistency in its sole discretion. ARTICLE XXX PERFORMANCE AND PAYMENT BONDS The Contractor shall within ten (10) days after the receipt of the Notice of Award famish the City with a Performance Bond and Payment Bond in forms set forth in Exhibits A and B in an amount at least equal to one hundred percent (100%) of the contract price, conditioned upon the performance by the Contractorall undertakings, covenants, terms, conditions and agreements ofthe Contract Documents, and upon the prompt payment by the Contractor to all persons supplying labor and materials in the prosecution of the Work provided by the Contract Documents. Such bonds shall be executed by the Contractor and a corporate bonding company licensed to transact such business in the state in which the Work is to be performed and named on the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Treasury Department Circular Number 570 and shall have a rating of at least "A-" from Best's. The expense of these bonds shall be borne by the Contractor. If at any time a surety on any such bond is declared a bankrupt or loses its right to do business the state in which the Work is to be performed or is removed from the list of Surety Companies accepted on Federal Bonds, Contractor shall within ten (10) days after notice from the City to do so, substitute an acceptable bond (or bonds) in such form and sum and signed by such other surety or sureties as may be satisfactory to the City. The premiums on such bond shall be paid by the Contractor. No further payment shall be deemed due nor shall payment be made to Contractor until the new surety or sureties shall have furnished an acceptable bond to the City. ARTICLE XXXI SEVERABILITY Should any specific provision of this Agreement or other Contract Documents be found to be unenforceable, the remaining provisions shall remain in full force and effect. Q ARTICLE XXXII NO PRESUMPTION AGAINST THE DRAFTER No presumption or inference against the City shall be made because of the City's preparation of this Agreement or other Contract Documents. ARTICLE XXXIII DISPUTESIATTORNEY FEES A. If a dispute arises out of or relates to this Agreement or other Contract Documents, or the breach thereof, and if the dispute cannot be resolved through negotiation, City and Contractor shall first try in good faith to resolve the dispute by mediation before resorting to litigation. Unless City and Contractor agree otherwise, the mediation shall be administered by the American Arbitration Association under its Construction Industry Mediation Rules. B. In the event of litigation between Contractor and City concerning the Project or this Agreement or other Contract Documents, the prevailing party shall be entitled to recover from the other party its reasonable attorney fees, costs, and expenses arising from such litigation. ARTICLE XXXIV TITLES The titles given to the Articles in this Agreement are for ease of reference only and shall not be relied upon or cited for any other purpose. Specifically, but without limitation, the titles shall not define or limit any of the provisions of any of the Articles. ARTICLE XXXV PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party this Agreement shall forthwith by physically amended to make such insertion or correction. All such laws, orders and regulations are applicable to this Project and are made a part hereof by reference. ARTICLE XXXVI ENTIRE AGREEMENT This Agreement and the other Contract Documents constitute the entire agreement between the parties with respect to their subject matter. Any prior agreements, understandings, or other matters, whether oral or written, are of no further force or effect. Subject to Article VII of this Agreement, this Agreement and any other Contract Document may be amended, changed, or supplemented only by written agreement executed by both of the parties. THIS AGREEMENT shall be binding on the parties only after it has been duly executed by City and Contractor. 57 [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] m IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives. APPROVED AS TO FORM: ATTORN By: Attorney, -cav-po COUNTERSIGNED BY: CITYPURCHASING AGENT 7Br E. Koml Administ ator CITYOFRIVERSIDE: By: Gt Kathleen L. Rose, Mayor - CONTRACTOR: (Signature) Printed Name: Robin Kinbaid,)City Clerk ATTEST: SECRETARY, 59 (Name Printed) IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives. APPROVED AS TO FORM: ATTORNEY.: By: Attorney, COUNTERSIGNED BY: CITY P URCHASING AGENT. By: Brian E. Koral City Administrator CITYOFRIVERSIDE: By: Kathleen L. Rose, Mayor ATTEST: CONTRACTOR: Dondlinger & Sons Construction Co., Inc. By: Printed Name: ark Lorenz Title- Vice President Robin Kincaid, City ATTEST: SECRETARY, April Taube 59 (Name Printed) Bond No. K41566226 EXHIBIT A PERFORMANCE BOND FOR THE FAITHFUL PERFORMANCE of each of the terms and stipulations of the AGREEMENT between the CITY OF RIVERSIDE and CONTRACTOR, for construction of 2022 LINE CREEK TRAIL CONNECTOR PROJECT (218-018), dated January 1, 2023, designated Resolution No. 2023- in every particular, Dondlinger and Sons Constrution Company, Inc. as Principal, and FeJezl Inwrance eanpeny, 202 a Hall Mill Rae, NMb09Ne SiN , NJ 99999 , as Surety, hereby firmly bind themselves and their respective heirs, executors, administrators, successors, and assigns, jointly and severally, unto the City of Riverside, Missouri, ("City") in the total aggregate penal sum of Five Hundred Forty Three Thousand Three Hundred Sixty Seven Dollars ( 543 367 00) lawful money of the United States, by these presents: THE CONDITION OF THIS OBLIGATION is such that in the event Principal shall faithfully and properly complete the Work required by the Contract Documents described in the Agreement and perform all of its duties, obligations, covenants, and conditions pursuant to the terms of the Contract Documents during the original term thereof, and any extensions thereof which may be granted by the City, including, without limitation, all warranty obligations and duties and if the Principal shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and hold harmless the City from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the City for all outlay and expense which the City may incur in making good any default, then this obligation shall be void, otherwise to remain in full force and effect. PROVIDED FURTHER, Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terns of the Contract Documents or to the Work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Work or to the specifications. PROVIDED FURTHER, that it is expressly agreed that the bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, upon amendment to the Agreement not increasing the Agreement price more than twenty percent (20%), so as to bind the Principal and the Surety to the full and faithful performance of the Agreement as so amended. The tens "Amendment', M. wherever used in this bond, and whether referring to this bond or the Agreement, shall include any alteration, addition, extension, or modification of any character whatsoever. The Performance Bond above is accepted by the City this � �-Mday of �F hJAJP—�) , 2023. Dondlinger & Sons Construction Co., Inc. B: P IPAL By: (Signatu Printed Name: Mark Lorenz Title: Vice President I hereby certify that (1) I have authority to execute this document on behalf of Surely; (2) Surety has an A.M. Best rating of A- or better; (3) Surety is named in the current list of Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies: as published in Circular 570 (most current revision) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury; and (4) Surety is duly licensed to issue bonds in the State of Missouri and in the jurisdiction in which the Project is located. Federal Insurance Company S Y By: gnatme) Printed Name: Desiree E. Westmoreland Title: Attomey-in-Fact _ Date: Note: • Date of Bond most NOT BE PRIOR TO DATE OF AGREEMENT. • If Contractor is a partnership, all partners must execute the Bond. SURETY POWER OF ATTORNEY MUST BE ATTACHED 61 CH U B B" Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Nnnw All by Three Preunb, that FEDERAL INSURANCE COMPANY, an Indiana corporation. VIGILANT INSUM CE COMPANY, a New York mrPoratiom PACIFIC INDEMNITY COMPANY a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations orMe Commonwealth of Pennsylvania, do each hereby constitute and appoint Todd Alan Ramiro, Timothy Craig Smith, Myriah A. Valdivia and Desiree E. Westmoreland of Wichita, Kansas; Katherine 1. Breit, Monica F. Donatelli, Carolyn J. Johnson, Camille 0. Parman, Morgan L. Wilkerson and S. Mark Wilkerson of Overland Park, Kansas each as their tmeaddlawfil Attorney in -Fact to emcum under such designation in their names and to albs Neircom rate mabto and del merfor and on their behalf as suretythereon or otherwke bonds and undertakings and other writings obligatory in the nature thereof(.ther than bail bonds) gmen or executed in the course of business. and any inaHumenN amending or altering the same, and consents to the modification or animation of any Instrument referred to in said bonds or obligations. In WlNeas Wbereo(, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WEST CHEYFER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY haw Each executed and attested these presents and aRaed their mrporare seals on this Tm day of De ember, 2021. M35A+ ti�ii, ftdjciLrn .. alt't IRro:n %I. Chhnn AwsllmI *tvraal) bn9hm M Ilanq. Cs. V"'I"r STATE OF NEW JERSEY Cmmt,.f Hunterdon 55. On Nie Tm dayor December, 2021 before me, a Notary Public or New Jemmy, personally came Dawn M. Chloros and Stephen M. Haney, to me known to be Assistant Secretary and Vice President resprodonly, or FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the mmpamea which executed Ne foregoing Power orAmorney and the said Dawn M. CMems and Stephen M. Hany, being by me duly sworn, verally and each for herself and himself did depose and say that they are Assistant Secretary and Via President, respeRivNy, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and kmw, Ne cmparate seals thereof Hurt the seals affiaM to the foregoing Power ofAnomey are such tortuous seals and were Nerero aRaed by authority of said Companies; and Hut their signatures as such .inters were duty aRUM sad mb.... bad by Him station, Notarial Seal XA ..'stE J. dCE1Mq r'W NOTMY III OF NEW JENBEY Pueuc ➢ Me vaned. Commissioner, Eammen JWy 10. 20my 1NaryPiElk CERTIFICATION Divisions adapted by the Boards of Directors of FEDERAL INSURANCE COMPANY, VIGRANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY on August 30, 2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006, and ACE AMERICAN INSURANCE COMPANY on March 20, 2009: 'REEOLVEO, that the framing aulhonaatios roam to in, eumHan, for and on heard" o1 fin Company. of bens, mount Ems'remgnkam'a, mntrun antl oNer wm¢n mmmlunenm W me Company entered Info In the mdmry rourn.u.norns leacha'Wmmsi [ommNment]'. III Cori of WeChairman, the Presidon and the Via Position of the Company is blety anhorhM bemmt, my Wmrtn Commitment foram on NMulfnfine Companyunder the col "Cre Com edymmberwne. 131 ... duly som imN annrneymfam.'re UmWny is handsanaerei to I.t. any VOODOO Commmnent.,.ad onbehoUDl the Compmy,uMm tri of the Comed....hemue, b Neepemtha...h Oman U satisfied by the groad powers pmulded bar in mA Fr i swarm appolnament as such artornry-Imna Of E1. of Ne omsonan Ge President and the Vne yreaidenu DI the Company is hemby-thoomd, air nd on WINUo the Company I,apman In wdnry any person the afmmryam fist of Me Company an lull power andambonry or O-mr., for and ran had.g. the Co.,., umet the skid. be Campanyor mhervllarmOh FacMnComml.nenn olMe Company may M ".a.In is. wrn¢n apmin.nena woo SpedRonon may be by general type or class of W damn Commlemenu or by s aihnti r, of one or mom pari Writom mrderenn. IQ Each of the Charmer, fee Pasided antl the am ismadem of me Company is hereby amhm6M, for and ran behalf of mr, forpanp W delegaw in among to any mh—runafthe Comlwny the asmah,mI—..Em.. re behalf of Ne Compan, under the Cooper, and or otherwise, such wddm Commitment altbe Compare, vre ...fitdme-h-had moramom waid spttt scam. may be Ey general rypew class of Wrimn Condiments or 4speci rmanofoneormort paNmlar WtlNm Curtained. (5) card sagredureel any offisar oreffort Person mdng on, yorderm commitment or appolnMent or delegatbn pursuant to Has Resolmmn. and the not of the Comfort may be aMmd by laolmneon...h Firms Comeatedent or wrne, appmnnne mmissudHon ES . FORTHER RESOLVED, thed the fangn aing Remlutloshall not be deemem to be an somaiue mtememofthe powers and authority of dhren employed and oNer pent.. to as Twain en minsfo rm. Compader-dI.. gemlutlon xfrl am far oMerwlse Otte, Ne associate, each powerorauGodry eNdommomldfy gnnmd oruro d 1. Dawn M. Chloms, Assistant Senetary, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANYadd ACE AMERICAN INSURANCE COMPANY (the "Companies) do hereby certify thor (1) the foregoing Resolutions adopted by me Beard or Directors of Me Companies are mug correct and in Nit force and effect, Hi) Ne foregoing Powerof Attarmym from, Comertand in Nil tom andeRec, Gimn under my Hand and seals of said Companies at Whitehouse Station, NJ, this 00000 IRIwn S[CMuae. L.vu:un Eu3ceiip INTHE EVENT YOO WISH TO VRPIM1THE AVIXENTICRYOFTNISBONDORNmTDy USOFANYOTNPRMATTER¢LGSECOXTA(TOSAT: TelmMne 9W19Y3N93 Fam 90R 9033656 f iblmd: FED.WG-PF CaoNC (to. 11-19) �\ i� �. ������ ". Bond No. K41565226 EXHIBIT B PAYMENTBOND KNOW ALL PERSONS BY THESE PRESENTS: that Dondlinger and Sons Constmtion Federal Inwranm Company, Company, Inc., hereinafter called Principal, and 292 B Han•s Mill Road, PoTaehowe smdon, NJ 08889 , hereinafter called Surety, are held and firmly bound unto the CITY OF RIVERSIDE, MISSOURI ("City"), and unto all persons, firms and corporations who or which may furnish labor, or who furnish materials to perform as described under the Agreement and Contract Documents more fully described below and to their successors and assigns in the total aggregate penal sum of Five Hundred Forty Three Thousand Three Hundred Sixty Seven Dollars ($543.367 00) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that WHEREAS, the Principal entered into a certain Agreement with the City, dated the II -Id' day of January, 2023, for the construction of 2022 LINE CREEK TRAIL CONNECTOR PROJECT (218-018) approved by Resolution No. 2023-M2.; NOW, THEREFORE, in the event Principal shall pay the prevailing hourly rate of wages for each craft or type of worker required to execute the Work required by the Contract Documents described in the Agreement in the locality as determined by the Department of Labor and Industrial Relations of Missouri or by final judicial determination pursuant to the provisions of Sections 290.0I0 to 290.340 and 290.550 through 290.580, inclusive, of the Revised Statutes of Missouri, and shall timely pay to the proper parties all amounts due for material, machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums, workers' compensation, and all other kinds of insurance, on such Work, and for all labor performed in such Work whether by Principal, Subcontractor, or otherwise, then this obligation to be void, otherwise to remain in full force and effect, and the same may be sued on at the instance of any Subcontractor, material supplier, laborer, mechanic, or other interested party, in the name of the City of Riverside, to the use of such parties, for any breach of the considerations hereof. Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Work to be performed thereunder shall in any wise affect 62 its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Work. The Payment Bond above is accepted by the City this Lll� day of January, 2023. Dondlinger & Sons Construction Co., Inc. CONTRA T CIPAL B (Signatu%r Printed Nark: Mark Lorenz Title: Vice President I hereby certify that (1) I have authority to execute this document on behalf of Surety; (2) Surety has an A.M. Best rating of A- or better; (3) Surety is named in the current list of Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies: as published in Circular 570 (most current revision) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury; and (4) Surety is duly licensed to issue bonds in the State of Missouri and in the jurisdiction in which the Project is located. Federal Insurance Company TY By � gnature) Printed Name: Desiree E. Westmoreland Title: Attomey-in-Fact Date: Note: • Date of Bond must NOT BE PRIOR TO DATE OF AGREEMENT • If Contractor is a partnership, all partners must execute the Bond. - SURETY POWER OF ATTORNEY MUST BE ATTACHED 63 C H U B B" Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company that FEDERAL INSURANCE COMPANY, an Indiana mrporanoR VIGILANT IMUMNCE COMPANY, a New York corporation. PACIFIC INDEMMM do each hereby core imre and appine Todd Alan Rambo, Timothy Craig Smith, Myriah A. Valdivia and Desiree E. Westmoreland of Wichita, Katherine J. Breit, Monica F. Oonatelli, Carolyn J. Johnson, Camille 0. Parman, Morgan L. Wilkerson and S. Mark Wilkerson of Overland Park, each as their true and lawful Attorney in Factto execute under such designation in their names and to affix their radiance seals to and deliver for and on thelrbehalfas study, therearn or otherwise, Bonds and undertakings and other writings obligatory in the names thereof (other than ball bonds) giVan or executed in the course of business, and any instruments amending or sharing the same and consents toLee modification or afternoon of any instrument referred to in said bonds or obligations. In Wu ltneWhersof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSUMHCE COMPANY have eazb executed and attested these prosems and afll d their corporate seats on His'N day of December. 2021. T�.NT7LLJ r�Y�k:, l'S�lYNLL06 Arto- 4vk IJA-( Hurt fl. ( Edai e. c a,a(mI Refa:I15 Slgahcn A IIfe" Cicc POvdcnl STATE OF NEW JERSEY Coumyof Nunmidmi ss. On Nis ]n day of December, 2021 before me, a Farm, Public of New Jersey, personally came Dawn M. Chlome and Stephen M. Haney, m me known m be Assistant secretary and Vitt President respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY . WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY, the companies which executed the Suregeins Power of AtmnwM and the said Dawn M. Chloms and Stephen M. Haney, being by me duly sworn, severally and barb for herself and himself did depose and say that they are Assistant Secretary and Vice Presidium, respectively, of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corponte seals thereof, that One beri affixed to the foregoing Power of Attorney are such mtpmrate seals and were rherem sued by authatlW of said Companies; and that their sigvmres as such officers were duty aNixM and subscribed by like authority. Notarial Seal MTIenINEJ P➢eLwua rA= NOTMY PUmacy OF Me"SJI. No PUFLIE Oaynykn E.puese Any org02a I M1egPWk CERTIFICATION Resolutions admired by the Boards of Directors of FEDERAL INSURANCE COMPANY. VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY an August 30, 2016. WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on Mae& 20. 2009: 'dp1mV[nlhat Or. I011owing ass.—te- relax m the x—tise, loran on heMN 6alfoltM1e company, of funds, ueXlnµmnnrea, mv regnlmnuand othe r wummmk n rmeof tic e Company emered iotaImmM. lna rearx- x le nnfia ­sNuesse C.suramparmt, IIIEsd al the Ousiv .the Picture, sea me Vhr Proclem, of the recursion,bercby amnny mmmNaf C, bilms! be eaRacomes. Conem n xd a hehalloe Cmmpanynedir Ae seal ofthe Companyerm,'res e. (2) Essb duly appeastedan u Laofth,Lmpany b bercby awharied b amy Wnrte 'mlmand Compaq,basic Isixinithe Compabasic Geseal of led Company or othroarLe, tithe ex¢muuh aa haucmms wrorhM by the Fewer of rimer provided for Insuch pers 's wtl ten aparmano as inch ammry4niM Ill Each of the Charman,the P... best and He Via Pmldeme of Nu Company h herebyaithwee6 cursed-MholfmNe Company, happolm In wrnes, any Person tM1e-x'-- lace of the Company wIN full power astinkenry m swismy, for and on MENIH lthe ComPo^Y. antler the seal of h,tompany or offenviw, such Wrinen Comm,mllt, lithe Company as may he mixtrid In each wren app...,, wI,. apeclnistw, mew be by genecar Or, by class of WtlMn Cormanowere or m m-ficanon of one or m rc paNwlsr Written commusexamas (4) Each of the Charne. the PeeslJentand the Wre Preeidmn ni me Company is hereby authorM6 brand on ushol ofthe Company, b desame In writing by am One bbi the Co.., the ..than, b esem¢.(brand on minuf of the LompmX under the Comp,me nal or oNemise, eacM1 panne, LommltmenuoMeCompn namspeclnedlnauehwdttm mieptlorywhishaper[funon may M by general typeor clan of Written Lommlonmv or Eyspetlflutlon oloneormore paNalac Wtlrten [ommhmentl. (5) Thrivabrenlany ofllmoroNtt person eneamng any Wnam[ommltmentar appalnnrcnt or tleleVtion pan uanit, this RlardsWnanb Neseal olbe Urapany,mryh schism faaimuennsnmwriRn Comminnen nrwr,ne,mmi,mnen ncdelWOon. Nampa remsil q bat Ne loregeing Rerfam shall act bedeemM m bun extluslvesmtemen[olthe powenandaufbotlryolmlflrers. emplolees and mM1erpecmnsm aa(oc and on heballolNe Lompny.andsu[h geaolmionsM1allnot GmnocoNewlmaReGMeeeweniveolany... powecorauthonryoNem'IsenllJlygnntad orvntedl 1. Dawn M. Chloms, coalition Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies) do hereby certify Man (1) fire Surviving Resolutions adopted by the Board of Directors ofthe Companies are truecorrect and in Poll fora and eHeCt III) rise foregoing Power of Attorney is true correct and in tall force and eaem Given under my hand and seals of said Companies at Whitehouse Station, NJ, Has M}S-,J A.1 a a' 1XY1910.FC Ikeen id I:Platw. ASLaR:srµ.[ rcF.oy IN THE EVENT YOU WISH TO VERIFY THE AUTHENTIODY.1 THIS ROXfnRNDTRYUEOFAXYMNERMAITE0.PVAFE[nXiptTYF AT: Tras Forpio ser se" comre]'. rFDMGJY-WEICMIC(mv. 11-19) EXHIBIT C PREVAILING WAGE RATES Somial Waee Determination: Prevailing hourly rates of wages follow, as determined by the Division of Labor Standards, Jefferson City, Missouri. 64 Missouri Division of Labor Standards WAGE AND HOUR SECTION MICHAEL L. PARSON, Governor Annual Wage Order No. 29 Section 083 PLATTE 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 objection in triplicate with the Labor and Industrial Relations Commission, P.O. Box 599, Jefferson City, MO 65102- 0599. Such objections must set forth in writing the specific grounds of objection. Each objection shall certify that a copy has been furnished to the Division of Labor Standards, P.O. Box 449, Jefferson City, MO 65102-0449 pursuant to 8 CSR 20-5.010(1). A certified copy of the Annual Wage Order has been filed with the Secretary of State of Missouri. Original Sinned by Todd Smith, Director Division of Labor Standards Filed With Secretary of State: March 10, 2022 Last Date Objections May Be Filed: April 11, 2022 Prepared by Missouri Department of Labor and Industrial Relations Building Construction Rates for PLATTE County OCCUPATIONAL TITLE "Prevailing Hourly Rate Asbestos Worker $68.12 Boilermaker $32.16' Bricklayer $59,27 Carpenter $60,12 Lather Linoleum Layer Millyinght Pile Driver Cement Mason $32.16' Plasterer Communications Technician $61.41 Electrician Inside Wireman $65.93 Electrician Outside Lineman $32.16' Lineman Operator Lineman - Tree Trimmer Groundman Groundman -Tree Trimmer Elevator Constructor $32.16' Glazier $56.53 Irdnvrorker $66.13 Laborer $47.93 General Laborer First Semi -Skilled Second Semi -Skilled Mason $54,19 Marble Mason Marble Finisher Terrazzo Worker Terrazzo Finisher Tile Setter Tile Finisher Operating Engineer $59.08 Group I Group II Group III Group III -A Group IV Group V Painter $50.03 Plumber $72.42 Pipe Filler Roofer $56 95 Sheet Metal Worker $76,72 Sprinkler Fitter $32.16' Truck Driver $49,75 Truck Control Service Driver Group, I Group It Group III Group IV Section 083 'The Division of Labor Standards received hoer than 1,000 reportable hours for this otcupetional title. The public ¢arks connecting minimum vage is estathamed for this oocupetional title using dale provided by Missoun Economic Beseamh and Information Center. "The Prevailing Hourly Rate includes any applicable mnge benefit amounts for each occupational title as defined in Section 290.210 Ruislip. ANNUAL WAGE ORDER NO. 29 a122 Heavy Construction Rates for PLATTE County OCCUPATIONAL TITLE —Prevailing Hourly Rate Carpenter $60.24 Millwn ht e over Electrician Outside Lineman $32.16` Lineman Operator Lineman - Tree Trimmer Groundman Groundman - Tree Trimmer Laborer $49.23 General Laborer Skilled Laborer Operating En ineer $56.99 Group I Group 11 Group III Group IV Truck Driver $49.73 Truck Control Service Driver Group I Group II Group III Group IV Use Heavy Construction Rates on Highway and Heavy construction in accordance with the classifications of construction work established in 8 CSR 303.040(3). Use Building Construction Rates on Building construction in accordance with the classifications of construction work established in 8 CSR 30-3.040(2). If a worker is performing work on a heavy construction project within an occupational the that is not listed on the Heavy Construction Rate Sheet, use Me rate for that occupational title as shown on the Building Construction Rate Sheet. Section 083 'The Division of Labor Standards received fewer than 1,000 reportable hours for this occupational title. The public works contracting minimum wage is established forth is occupational file using data provided by Missouri Economic Research and Information Center. 'The Prevailing Hourly Rate includes any applicable fringe benefit amounts for each occupational title as defined in Section 290.210 RSMo. ANNUAL WAGE ORDER NO. 29 3122 OVERTIME and HOLIDAYS OVERTIME For all work performed on a Sunday or a holiday, not less than twice (2x) the prevailing hourly rate of wages for work of a similar character in the locality in which the work is performed or the public works contracting minimum wage, whichever is applicable, shall be paid to all workers employed by or on behalf of any public body engaged in the construction of public works, exclusive of maintenance work. For all overtime work performed, not less than one and one-half (1 %) the prevailing hourly rate of wages for work of a similar character in the locality in which the work is performed or the public works contracting minimum wage, whichever is applicable, shall be paid to all workers employed by or on behalf of any public body engaged in the construction of public works, exclusive of maintenance work or contractual obligation. For purposes of this subdivision, "overtime work" shall include work that exceeds ten hours in one day and work in excess of forty hours in one calendar week; and A thirty -minute lunch period on each calendar day shall be allowed for each worker on a public works project, provided that such time shall not be considered as time worked. HOLIDAYS January first; The last Monday in May; July fourth; The first Monday in September; November eleventh; The fourth Thursday in November; and December twenty-fifth; If any holiday falls on a Sunday, the following Monday shall be considered a holiday. ANNUAL WAGE ORDER NO. 29 3/22 EXHIBIT D Time for Completion 2022 LINE CREEK TRAIL CONNECTOR PROJECT (Project No. 218-018) Time for Completion: 120 Calendar Days from Notice to Proceed M EXHIBIT E SCOPE OF WORK for 2022 LINE CREEK TRAIL CONNECTOR PROJECT (Proicct No. 21L0181 Contractor shall perform the following Work as more fully set forth in the Contract Documents: All Work necessary to construct the 2022 LINE CREEK TRAIL CONNECTOR as shown on the construction documents and in accordance with the Technical Specifications referred to in Exhibit F to the Agreement. Please note that the phase 2 trail layout is shown on Sheet 9 of the drawings. Phase 2 will not be bid as part of this project. Please bid phase 1 only per the quantities listed on the bid form and Sheet 3 of the drawings. Contractor to provide all necessary equipment, labor, and material necessary to perform the Project construction and related work as shown in the Contract Documents. The Work includes, but is not limited to, the following: 1. Schedule and Coordinate all necessary inspections. 2. Contractor shall coordinate with all utilities prior to the work starting, including contacting underground locator services. 3. Include all temporary utility fees and permits. 4. Include P party Special Inspections as required to demonstrate compliance with project specifications, including but not limited to compaction and proof rolls and material testing. 5. Include all surveying, layout and field engineering required for the performance of this work. 6. Provide digital photographs of the preconstruction, construction, and post construction site (see Article IV Progress of Work / Submittals IF) for specifics) 7. Provide all weather provisions to meet the schedule set forth in the contract documents. 8. Provide clean up associated with the contractors work. Site is to remain free of debris during the construction process. 9. Provide all traffic control as required throughout the construction process. 70 EXHIBIT F TECHNICAL SPECIFICATIONS 2022 LINE CREEK TRAIL CONNECTOR PROJECT (Project No. 218-018) The following Specifications govern Contractor's performance of the Work: ENUMEEA TION OFSPECIFICA TIONSAND ADDENDA: Following are the Specifications and Addenda governing the work, which form a part of this contract, as set forth the Contract Documents: SPECIFICATIONS. Division 1— General Requirements Section Description 01015 ONTRACTOR USE OF PREMISES 01030 SPECIAL CONDITIONS 01040 ZOORDINATION 01051 ONSTRUCTION SURVEY AND STAKING 01060 3TANDARD SPECIFICATIONS AND PLANS 01270 VEASUREMENT AND PAYMENT 01310 OB SITE ADMINISTRATION 01320 ONSTRUCTION SCHEDULE 01330 UBMITTALS 01410 'ESTING LABORATORY SERVICES 01524 WASTE AREA, MATERIAL STORAGE AND SITE APPEARANCE 01567 IOLLUTION CONTROL 01570 EMPORARY TRAFFIC CONTROL 01732 EMOLITION AND SITE PREPARATION 01800 NVIRONMENTAL AND HISTORICAL PROTECTION Division 2 — Site Work Section Description 02820 3EEDING AND MULCH TYPE 02923 TOPSOIL MATERIAL AND APPLICATION 03132 3EOTECHNICAL DATA 05120 3TEEL PEDESTRIAN BRIDGE ADDENDA: No. 1 Date 11/10/2022 No. 2 Date I1/22/2022 No. 3 Date 12/02/2022 71 DATE: PROJECT: PROJECT NO.: RESO: EXHIBIT G CITY OF OFF MIAOURI upstre— (rvm o.dino.y NOTICE TO PROCEED 2022 LINE CREEK TRAIL CONNECTOR PROJECT 218-018 (approved TO: Contractor: Dondlineer and Sons Construction Company, Inc. (address) 2656 S Sheridan Wichita, KS 67217 You are hereby notified to commence work on or after the day of � 2023 in accordance with the Agreement dated January-2023. The date of substantial completion is / 2023. The project shall be completed and ready for final payment by CITY OF RIVERSIDE Brian E. Komi, City Administrator Receipt of the above NOTICE TO PROCEED is hereby acknowledged M this the day of , 2023. 72 EXHIBIT H APPLICATION FOR PAYMENT Continuation Sheet for Application for Payment (Contact Capital Projects and Parks Manager, Noel Bennion with the City of Riverside for an electronic version nbennionna rivemidemo.eov or by calling 816-372-9028) ACT flF <M pt RX.�%ee w vhaaa RMe Proles xeme RXeNEa Mhsourl. M150 R Ntt[Na "i lNagepEen: - wa. m sru.a al«hlsb Wye: $ - PAY APPLICATION NO. alu cm~ m WehbLun'. $ B ValueVM fangAeEbMe: $ NM m: $ .,m, o.rm.m: $ aaa ftoa XMpll a=: $ $ Page NumM 1a1 N W Pgs A�: I.1. g,✓.fer.r, Ix.fl Iti.l.q %0.oledfan(41eb DaY AIVNI u:ursmmr � � �Na tl a pawn 1,MFCtYnq�. CwlwYRnM.paw- uaa+Ntan Wn. n P+M'M VIn enmmR mle.w�nyuip�neaamr SueS msa�mexmw NpdamM�wi� on�auxd�nPe aT�awas�� [IM'. `aw[e+Y�'+e�m ��m�wv� I om[a�mmry.n gwmewweeunwrt vwTymaoercumarcel sap�aixenemmaq ¢a.rRus rynni nna�ona4e.mwrv'n.ar pry MpVB1M{ W mumr: Fbirn C4Fllywr. lYE &mn N«� 73 EXHIBIT I CHANGE ORDER (Contact Capital Projects and Parks Manager, Noel Reunion with the City of Riverside for an electronic version nbennion(&riversidemo.eov or by calling 816-372-9028) ,an�.Aa��,^RRSC� Fgv[mu�: gFnL2. Mmul CHANGE ORDER NO iM bbny [ Nnyee b Te wgMl [m4ec1 maim aere �¢xd ro [aa [m rtu�e1 New C¢nlalx n b relk[ I v[ags reYvM ry IM CYmxb� o a rta[ d a[ na�Na F xNal [ mSVx� ynNlei lmm IM esOma4tl awnNies Ywn m IM M Vlayul. �Tame� Y" Va¢nv �� lFX �RunNnF aw�cn¢pcvx nalw Wa��xY Cb Luxmmm[9x CnJonomllMYmpFIa FFwWaao IbFtl Map � N]/o /uw�. 'bF� wm ,om Wm som, Wm Wm Wm Wm Wm m mm ,om nman xYLJ DEMON ENCWEER: CDRIRACIOR: ���r+RimrxeemF�em:aMi..w�m.,w k a9FY C[xrYtl Mlnaa Nm ns plm iM Na4ueYx WfO II¢ Vues�b � f0.[O fVM Wm 1- Porten,t, C1ayem{'gnTxlumum � YpVgl p� rNl<m�ya fom CIWOF RIVERSIDE, W SWURI: CIyEE In r. r Ikwer L Vn. Clb Aaminls m: 74 CITY Of RIVERS MISSOURI EXHIBIT J Certificate of Substantial Completion rro bo oommn a afto, suhsu oal oomoie,ion of me nroi�i Project Name: 2022 LINE CREEK TRAIL CONNECTOR PROJECT Project #: 218-018 R uestor of Project: Ci[ of Riverside This [tentative] [definite] Certificate of Substantial Completion applies to: ❑ All Work under the Contract Documents: ❑ The following specified portions of the Work: Date of Substantial Completion The Work to which this Certificate applies has been inspected by authorized representatives of the City, Contractor, and the Engineer, and found to be substantially complete. The Date of Substantial Completion of the Project or portion thereof designated above is hereby declared and is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below. A [tentative] [definitive] list of items to be completed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. The responsibilities between the City and Contractor for security, operation, safety, maintenance, heat, utilities, insurance and warranties shall be as provided in the Contract Documents except as amended as follows: Amended Responsibilities Not Amended The City's Amended Responsibilities: Contractor's Amended Responsibilities: 75 The following documents are attached to and made part of this Certificate: This Certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of Contractors obligation to complete the Work in accordance with the Contract Documents. Executed by Engineer (Print & Sign) Date Accepted by Contractor (Print & Sign) Date Accepted by the City (Print & Sign) Date �6 EXHIBIT K DIVISION OF MISSOURI DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS LABOR AFFIDAVIT STANDARDS COMPLIANCE WITH THE PREVAILING WAGE LAW upon being duly sworn upon my oath state that: (1)1 am the of ; (2) all requirements of ?itlei (Nmne ofCom/.mnyJ 290.210 to 290.340, RSMo, pertaining to the payment of wages to workers employed on public works projects have been fully satisfied with regard to this company's work on , (Name ofProyed) (3)1 have reviewed and am familiar with the prevailing wage rules in 8 CSR 30-3.010 to 8 CSR 30-3.060; (4) based upon my knowledge of these rules, including the occupational titles set out in 8 CSR 30-3.060, I have completed full and accurate records clearly indicating (a) the names, occupations, and crafts of every worker employed by this company in connection with this project together with an accurate record of the number of hours worked by each worker and the actual wages paid for each class or type of work performed, (b) the payroll deductions that have been made for each worker, and (c) the amounts paid to provide fringe benefits, if any, for each worker; (5) the amounts paid to provide fringe benefits, if any, were irrevocably made to a fund, plan, or program on behalf of the workers; (6) these payroll records are kept and have been provided for inspection to the authorized representative of the contracting public body and will be available, as often as may be necessary, to such body and the Missouri Department of Labor and Industrial Relations; (7) such records shall not be destroyed or removed from the state for one year following the completion of this company's work on this project; and (8) there has been no exception to the full and complete compliance with the provisions and requirements of Annual Wage Order No. - Section issued by the Missouri Division of Labor Standards and applicable to this project located in County, Missouri, and completed on the day of , The matters stated herein are true to the best of my information, knowledge, and belief. I acknowledge that the falsification of any information set out above may subject me to criminal prosecution pursuant to 290.340, 570.090, 575.040, 575.050, or 575.060, RSMo. Signature Subscribed and sworn to me this _ day of , My commission expires , Notary Public Receipt by Authorized Public Representative Missouri Department of Labor and Industrial Relations is an equal opportunity employer/program. 77 PW-4 (07-14) At EXHIBIT L CONTRACTOR AFFIDAVIT FOR FINAL PAYMENT oo M mmpleW at condmion of projmt) 2022 LINE CREEK TRAIL CONNECTOR PROJECT (Project No. 218-018) STATE OF SS: COUNTY OF The Undersigned, as follows: of lawful age, being first duly sworn, states under oath 1. I am the of who is the general CONTRACTOR on the above referenced project. 2. All payrolls, material bills, use of equipment and other indebtedness connected with the Work for this Project have been paid and all Claims of whatever nature have been satisfied, as required by the Contract. 3. ( ) Prevailing wage does not apply; or ( ) All provisions and requirements set forth in Chapter 290, Section 290.210 through and including 290.340, Missouri Revised Statutes, pertaining to the payment of wages to workmen employed on public works projects have been fully satisfied and there has been no exception to the full and complete compliance with these provisions and requirements and the Annual Wage Order contained in the Contract in carrying out the Contract and Work. CONTRACTOR has fully complied with the requirements of the prevailing wage law w required in the Contract and has attached affidavits from all Subcontractors on this Project, regardless of tier, affirming compliance with the prevailing wage law as stipulated in the Contract. 4. CONTRACTOR certifies that each Subcontractor has received full payment for its respective work in connection with the Contract. 5. This affidavit is made in behalf of the CONTRACTOR for the purpose of securing from the City of Riverside, Missouri, the certification of completion of the Project and receiving payment therefore. CONTRACTOR By Title On this day of 20_ before me appeared , to me personally known to be the of , and who executed the foregoing instrument and acknowledged that (s)he executed the same on behalf of as its free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year first above written. My commission expires: Notary Public W. EXHIBIT M SUBCONTRACTOR AFFIDAVIT FOR FINAL PAYMENT no be mmpletd at comclmiom ofpmject) 2022 LINE CREEK TRAIL CONNECTOR PROJECT (Project No. 218-018) STATE OF SS: COUNTY OF After being duly sworn the person whose name and signature appears below hereby states under penalty of perjury that: 1. 1 am the duly authorized officer of the business indicated below (hereinafter Subcontractor) and I make this affidavit on behalf of Subcontractor in accordance with the requirements set forth in Section 290.290, RSMo. Subcontractor has completed all of the Work required under the terms and conditions of a subcontract as follows: Subcontract with: Work Performed: Total Dollar Amount of Subcontract and all Change Orders: Contractor 2. Subcontractor fully complied with the provisions and requirements of the Missouri Prevailing Wage Law set forth in Sections 290.210, RSMo through 290.340, RSMo. Business Entity Type: (� Missouri Corporation (_) Foreign Corporation Fictitious Name Corporation C_) Sale Proprietor (_) Limited Liability Company (__) Parmership (_) Joint Venture (__) Other (Specify) Subcontractor's Legal Name and Address Phone No Fan: Federal I hereby certify that I have the authority to execute this affidavit on behalf of Subcontractor. By: (Signature) (Print Name) NOTARY Subscribed and sworn to before me this My Commission 79 day of , 20 (Signature) EXHIBIT N ENGINEER/CONSULTANT'S CERTIFICATION For Acceptance and Final Payment no Ix completol at conclusion of pmjw) City of Riverside, Missouri Project Name: 2022 LINE CREEK TRAIL CONNECTOR PROJECT Project No: 218-018 Contractor: Contract Date: Date of Completion and Acceptance: The Contractor has notified me that he has completed all work in accordance with the Contract Documents and that it is functioning properly. 1 hereby certify that a final inspection of all work under the Contract Documents was conducted by me and to the best of my knowledge; the work has been completed in accordance with the drawings and specifications and is functioning properly. I have approved all payment estimates, and prepared and received approval of all change orders. I have received the required certifications; instructions for operating the equipment, manuals, and other documents that are applicable to this project from the Contractor and have delivered them to the City. The City is now responsible for the security, operation, safety, maintenance, and insurance as applicable to the project. The Contractor will warranty all specified work for a period of one (1) year (or a longer period if governed by Missouri Statutes) from this date of completion. Notification has been given to the proper Government agencies that the work is completed. I recommend, under the provision of the Contract Documents that the Work be accepted and that final payment be made. Executed by the Engineer on this day of , 20 Signature: (SEAL) Typed Name: The work described above accepted by the consultant is hereby acknowledged and final payment authorized. (SEAL) Attest: Robin Kincaid, City Clerk cc: Contractor Kathleen L. Rose, Mayor Date: m EXHIBIT O REQUIRED CONTRACT PROVISIONS FEDERAL-I11D CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III, Non -segregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII, Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act A. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion XI. Codification Regarding Use of Contract Funds for Lobbying XII. Use of United States -Flag Vessels: ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) GENERAL 1. Farm FHWA-1273 must be physically incorporated in each construction contract handed! under title 23. United States Code, as required in 23 CFR 633.102(b) (excluding emergency contracts solely intended for tlebris removal). The contractor (or subcontractor) must insert this form in each subcontract ant further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies orsemced 23CFR 633.102(e). The applicable requirements of Form FHWA-12T3 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. 23 CFR 633.102m). Form FHWA-12T3 must be included in all Federal -aid design - build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design semces, purchase orders, rental agreements and other agreements for supplies or services) in accordance with 23 CFR 633.102, The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Tom FHWA-12731n solicitation -far -bids or request -for -proposals documents, however, Me Form FHWA-12T3 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (seducing purchase orders, rental agreements ant other agreements for supplies or services related to a construction contract). 23 CFR 633.102(b). 2. Subject to Me applicability criteria noted in the following sections, these contract provisions shall apply to all work 61 FHWA-1273 -- Revised July 5, 2022 performed on Me contact by the contractors own organization and with the assistance of workers under the contractors immediate superintendence and to all work performed on the compact by piecework, station work, or by subcontract. 23 CFR 633.102(d). 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufgciem grounds for withholding of progress payments, withholding of final payment, tsvnination of the carried, suspension I debarment or any other action determined to be appropriate by Me contracting agency and FHWA. 4. Selection of Labor: During the performance of this conned, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it Is labor performed by convicts who are on pamle, supervised release, orpmbabon. 23 US.C.114(b). The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. 23 U.S.C. 101(a). It. NONDISCRIMINATION(23 CFR 230.107(a); 23 CFR Pad 230, Subpart A, Appendix A; EO 11246) The provisions of this section related to 23 CFR Part 230, Subpart A, Appendix A are applicable to all Federal -aid construction contracts and to all related construction subcontracts of$10,000 or more. Theprovislonsof23CFR Pad 230 are not applicable to material supply, engineering, or amhitedural service contracts. In addition, the contractor and all subcontractors must comply with the following policies'. Executive Order 11246, 41 CFR Pad 60, 29 CFR Pads 1625-1627, 23 U.SD. 140, Section 554 of the Rehabilitation Art of 1973, as amended (29 U,S.C. 794), This VI of Me Civil Rights Act of 1W4, as amended (42 U S.C. 200M at seq.), and related regulations including 49 CFR Parts 21. M. and 21: and 23 CFR Parts 200. 230. and 633. The contractor and all subcontractors must comply wit- the requirements of Me Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 64)4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance wit Executive Order 11246 and the policies of Me Secretary of Labor including 41 CFR Pad 60, and 29 CFR Parts 1611 The contracting agency and Me FHWA hale the authority and the responsibility to ensure compliance with 23 U.S.C. 140, Section 504 of the Rehabilitation Ad of 1973, as amended in U.S.C. 79vtL and Title VI of the Civil Rights Ad of 1961 as amended (42 U.S.C. 20OW el si and related regulations including 49 CFR Parts 21. 26, and 27; and 23 CFR Parts 20D 230. and 633. The following provision is adopted from 23 CFR Pad 230, Subpart A. Appendix A. with appropriate revisions to comorm to the U.S. Department of Labor (US DOL) and FHWA requirements. EXHIBIT O 1. Equal Employment Opportunity: Equal Employment Opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set font under laws, execotive orders, miss, regulations (see 28 CFR Part 35, 29 CFR Part 1630, 29 CFR Parts 1625-1627, 41 CFR Part 60 and 49 CFR Part 27) and orders of Me Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140, shall constitute Me EEO and specific affirmative action standards for the contractors projed activities under this contract. The provisions of Me Americans with Disabilities Act of 1990 (42 U.S.C. 12101 at seq) set forth under 28 CFR Pan 35 and 29 CFR Part 1630 are Incorporated by reference in Mis contract. In Me execution of this contract, Me contractor agrees to comply with Me following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. 23 CFR 230.409 (g)(4) 8 (5). b. The contractor will accept as its operating policy the following statement. "It is Me policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, mlgion, sex, sexual orientation, gentler identity, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other foots of compensation: and selection for training, including apprenticeship, pre apprenticeship, and/or on-the-job training" 2. EEO Of icsr The connector will designate and make known to the contracting officer an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do 60. 3. Dlaseminal on of Policy: All members of the contractors staff who are authorized to hire, supervise, promote, and discharge employees. or who recommend such action or am substantially involved in such action, will be made fully cognizant of and will implement the cantredors EEO policy and contractual responsibilities to provide EEO in each grade antl daseificabon of employment. To ensure that the above agreement will nd met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel once employees will be conducted before the shin of work and Men not less often Man once every six months, at which time the contractors EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer or other knowledgeable company official, b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, cowering all major aspects of tie contractors EEO obligations within dirty days following Meir report ng for duty with Me contractor. c. All personnel who are engaged in direct recruitment far the project will be instructed by Me EEO Officer in the contractors procedures for locating and hiring minorities antl women. Z, it Notices and posters setting faith the contractors EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. is The cantractors EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. RacruiMont: When advertising for employees. Me contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer" All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally he derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee relenal sources likely to yield qualified minorites and women. To meet this requirement, Me contractor will identity sources of potential minority group employees and establish with such identified sources procedures whereby minority and women applicant may W referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals. Me connector is expected to observe the provisions of that agreement to the extent that the system meets the contractors compliance with EEO contred provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. S. Personnel Acquire: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading. promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to ensure Mat working conditions and employee facilities de not indicate discriminatory treatment of project site Personnel. It, The contradorwill periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where eyldence is found the contractor will promptly take corrective action, time review indicates that the discrimination may extend beyond the actions reviewed such cortective action shall Include all affected persons. it The contractor will promptly investigate all complaints of alleged discrimination made to Me contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action EXHIBIT O within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant. such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. S. Training and Promotion: a. The contraclorwrll assist in locating qualifying and increasing the skills of min aitles and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level all employees in the type of trade or job classification involved. to. Consistent with Me c ifficu fs work force requirements and as permissible under Federal and Stale regulations, the contractor shall make full use of training programs (i.e., apprenticeship and on -the -lob Mining programs for Me geographical area of contractperformance). In the event a special provision for training is provided! under Mrs contract, this subparagraph will be superseded as indicated in Me special provision. Tire contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractorwill advise employees and applicantsfor employment of available training programs and entrance requirements for Seen. or The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. T. Unions: If the contractor relies in whale or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain Me cooperation of such unions to increase opportunities for minorities and women. 23 CFR 230.409. Actions by the contractor, either directly or through contractors association acting as agent, will include Me procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minontres and women so that they may qualify for higher paying employment. It, The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without repel to their race, color, religion, sex, sexual onentetioo, gender identity, national origin, age, or disability. c. The contractor Is to obtain information as to the reterrel practices and policies of the labor union except Mat to the extent such information is within the exdusrve possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so ceMfy to the contracting agency and shall set forth what efforts have been made to obtain such information. It In Me evertthe union is unablefo provide Me connector with a reasonable flow of reforms within the time limit set fate in the will bagsning agreement. Me contractor will, through independent recrurtment efforts, fill Me employment vacancies without regal to race, color. w ll sex, sexual orientation, gender identity, national origin, age, or disability: making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient nationals (even though it is obligated to provide exclusive reterrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodationfor Applicants/ Employees with Disabll816s: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all miss and regulations established thereunder. Employers must provide reasonable accommodation in all employment achnnims unless to do so would cause an undue haMship. 9. Selection of Subdontratton, Proqurement of Materials and Leasing of Equipment: The contractor shall not discriminate on Me grounds of race, color, religion, am sexual orientation, gender identity, Mandrel origin, age. or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall lake all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors, suppliers, and lessors of their EEO obligations under this conduct. b. The contractor will use good forth eons to ensure subcontractor compliance with their EEO obligations. 10. Assurances Required: a. The requirements of 49 CFR Part 26 and the State Mrs FHWA approved Disadvantaged Business Enterprise (DBE) program are Incorporated by reference. b. The contractor, subreciprent or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contrail. The contractor shall carry out applicable requirements of 49 CFR pad 26 in the awed and administration of DOT -assisted contracts. Failure by the contractor to carry, out these requirements is a material breach of this contract, which may result in the bennination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: (1) Withholding monthly progress payments; (2) Assessing sanctions; (3) Liqulaated damages; and/or (4) Disqualifying the contractor from future bidding as non - responsible. c. The Title Vl and nondiscrimination provisions of U.S. DOT Oder 1050.2A at Appendixes A and E are incorporated by reference. 49 CFR Part 21. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authonzed representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: EXHIBIT O (1) The number and work hours of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women', and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women. b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project indicating the number of minority, women, and non - minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on -me -job training is being required by special provision, the contractor will be requiretl to collect and report training data. The employment dam should reflect the work farce on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Fedeml-aid construction contracts and to all related construction subcontracts of mom Man $10,000. 41 CFR 60-1.5. As prescribed by 41 CFR 60-1 8. the contractor must ensure Met facilities provided for employees are provided in such a manner that segregation on me basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result. The contractor may neither require such segmgatad use by written or oral policies nor tolerate such use by employee custom. The contractors oblgation extends further to ensure that its employees are not assigned to perform their services at any location under the contractors control where the facilities are segregated The term "facilities' includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-Ill AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size), in accordance with 29 CFR 55. The requirements apply to all projects located within the right-of-way, of a roadway that is functionally classified as Fedeml-aid highway. 23 U.S.C. 113, This excludes roadways functionally classified as local roads or coral minor celledod, which are exempt 23 U.S.C. 101. Where applicable law requires that projects be treated as a project on a Fedeml-aitl highway, the provisions of this subpart will apply regardless piths location ofthe project. Examples include'. Surface Transportation Black Grant Program projects funded under 23 US C. 133 [excluding recreational trails projects[, the Nationally Significant Freight and Highway 84 Projects funded under 23 U.S.C. 117, and National Highway Freight Program projects funded under 23 U.S.C. 167. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 `Contract provisions and related matters with minor revisions to confound to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wagas(29 CFR 55) a. All laborers and mechanics employed orworking upon the site ofthe work, will be paid unconditionally and not less ofled than once a week, and without subsequent deducting or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Ad (29 CFR part 3)), the full amount of wages and bona fide fringe bent (or cash equivalents thereof) due at time of payment computed at rates not less Man those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contreclual relationship which may be alleged to exist between the contractor and such latiorem and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section fill ofthe Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.dof this section: also, regular contributions made or costs incurred for more men a weekly period (but not less often man quarterly) under plans, funds, or programs which cover the pamwler 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 berrefiis on the wage determination for the classification of work actually performed without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one ctassffical may be compensated at me rate specified for each classifcation for the time actually worked therein Provided. That the employers payroll records accumtely set form the time spent in each classigwtion in which work Is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis -Bann 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 be easily seen by the workers. b.(1) The contracting officer shall require mat any Gass of laborers at mechanics, including helpers, which is not listed in me wage determination and which is to be employed under the contract shall W classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage mile and fringe benefits therefore only when the fallowing criteria have been met: (i) The work to be performed by the classification request is not performed by a classification in the wage determination. and (Ill The classification is utilized in the area by me construction industry', and EXHIBIT O (iii) The proposed wage rate, including any bona fide hinge benefits, bears a reasonable relationship to the wage rates centered in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (t 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, U.S. Department of Labor, Washington, OC 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 centmcting officer within Me 30-day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the pmposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall defer the questions, including the were of all Interested parties add the recommendation of the contracting officer, to the Administrator for determination, The Administrator, or an authorized representative, will issue a determination within 30 clays of receipt and so advise Me contracting officer or will notify the contracting officer within the 30-day period Mat additional time is necessary. (a) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs I e(2) or t.b.(3) of this section, shall be paid to all workers performing work in Me classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide Mngs, benefit or an houdy cash equivalent thereof, d. 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 Me amount of any costs reasonably anficipzted in providing bona fide hinge benefits under a plan or program, Provided, That Me Secretary of Labor has found, upon the written request of the central that the applicable standards of Me Davis -Bacon Ad 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 (29 CFR 5.5) The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or muse 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 Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of Me accrued payments or advances as may be considered necessary to pay laborers and mechantm, RN including apprentices, names, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any letterer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to rouse the suspension of any further payment, advance, or guarantee of funds unfit such violations have ceased. s. Payrolls and basic records (29 CFR 5.5) a. Payrolls and basic mcodus relating thereto shall be maintained by the contractor during the course of the wank and preserved for a perod of three years thereafter for all laborers and mechanic 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 coned classification, hourly miles of wages paid (including hates of contributions or costs anticipated for bona We fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) Mal the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Dal Bacon Ad, the contractor shall matntain 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 anticpated or the actual cost 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 prime programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b.11) The contractor shall submit weekly for each week in which any mntred work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of Me information required to be maintained under 29 CFR 5.5(s)(3)(f, except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four fill of the employee's social secul number). The required weekly payroll information may be submittal in any form desired. Optional Focal W ril is available for this purpose from Me Wage and Hour Division Web site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide Mein upon request to the contracting agency far transmission to the State DOT, Me FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is net a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to tie prime contractor for its own records, without weekly submission to the contracting agency. (2) Each payroll submitted shall be accompanied by a 'Statement of Compliance; signed by the contractor or EXHIBIT O subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5(a)(3)(d), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete; III) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or Indirectly, and that no deductions have been made either directly or indirectly from the full wages eamed, other than pernissibd deductions as set forth in 29 CFR part 3; (id), That each laborer or mechanic has been paid not Mae than the applicable wage rates and fringe benegta or cash equivalents for the classification of work performed. as specified in the applicable wage detemmination into omted into the contract. (3) The weekly submission of a properly executed certification set fond on the reverse side of Optional Form MH 7shall aatisfy the requirement for submission of the 'Statement of Compliance' required by paragraph 3.b.(2) of this section. (a) The falsification of any of the above codifications may subject the contractor or subcontractor 0 coil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. c. The contractor or subcontractor shall make the recerds required under paragraph 3o of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency the State DOT, the FHWA, or the Department of Labor, aid shall permit such representatives to interview employees during working hours on the job. If the contactor or subcontractor fails to submit the required records or to make them available, fie FHWA may, after written notice to Me cmtiador, the contracting agency or the State DOT, 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 receNs upon request or d make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. a. Apprentices and tralnwa (29 CFR 5.5) a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at ides than the predetermined rate for the work they performed when May are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the US. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognbed by the Office, 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 Me Office of Apprenticeship Training, Employer and Labor Services or a State Q Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the lob site in any craft classification shall not be greater then 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 stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually perforrmed. 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 denomination for the work actually performed Mere 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'e 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 Plotless, expressed as a percentage of the journeymen hourly rate specifietl in the applicable wage detemmination. 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 pad Me 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, tinges shall be paid in accordance with Mal determination. In the event the Office, of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the coMrectorwill no longer be pemmitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). 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 receivetl prior approval, evidenced by formal certification by the U S. Department of Labor. Employment and Training Administation. The ratio of trainees to journeymen on the jab site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not leas than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly roe specified in the applicable wage delermina0on. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention hinge 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 Mat there is an apprenticeship program associated with the EXHIBIT O corresponding journeyman wage rate on the wage determination which provides for less than full fringe Denetds for apprentices. Any employee listed on Me 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 cassificedon ofwork actually performed. In addition, any trainee performing work on Me 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 withtlrews approval of a training program, the contractor will no longer be ped iNetl to utilize trainees at less than the applicable predetermined rate for Me work performed until an acceptable program is approved c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity rcquiremenla of Executive Order 11246, as amended, and 29 CFR part 30. d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Faderel-ale highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. 23 CFR 230.111(e)(2). The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater Man permitted by Me terms of the particular program. 6. Compliance with Copeland Act requirements. The contractor shall comply with Me requirements of 29 CFR part 3, which are incorporated by reference in this contract as provided in 29 CFR 5.5, 6. Subcontracts. The contredor or subcontractor shall insect Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 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 5.5. T. Contract tarminabon: debarment A breach of the contract clauses In 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 512. 8. Compliance with Davla-Bacon and Related Act requirements. All rulings and interpretations of the Davis - Bacon and Related Ads contained in 29 CFR parts 1, 3, and 5 am herein incorporated by reference in this contrail as provided in 29 CFR 5.5. set forth in 29 CFR parts 5, 6, and T. Disputes within Me meaning of this cause include disputes between the contractor (or any of its subcontractors) and Me contracting agency, the i Department of Labor, or Me employees or their representatives. 10. C Mflcollon of eligibility (29 CFR 5.5) a. By entering into this contract, the contractor certifies Met neither it (nor he or she) nor any person or firth who has an intimst in the contractor's firm is a person or firm ineligible to be awarded Goverment contracts by virtue of section 3(s) of Me Davis -Bacon Ad or 29 CFR 512(a)(1). b. No part of this contract shall be subcontractetl to any person or firm ineligible for award of a Goverment contract by virtue of section 3(a) of Me Davis -Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is proscribed in the U.S. Criminal Code. 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Pursuant to 29 CFR 5.5(b), Me following causes apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to Me overtime provisions of the Contract Work Hours and Safety Standards Act. These causes shall be !needed in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics incude watchmen and guards. 1. Overtime requlmman%. 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 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 Man one and one -hag times Me basic rate of pay for all hours worked in excess of forty hoursin such workweek. 29 CFR 5.5. 2. Violation, liability for unpaid wages) liquidated damages. In the event of any violation of the cause set forth in paragraph 1 of this section, the contractor and any subcontractor responsible Merefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in Me case of work done under contract for the District of Columbia or a territory, to such District or to SUM 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 cause set forth in paragraph 1 of this section, in the sum currently provided in 29 CFR 5.5(b)(2)' 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 Me ovartime wages required by the cause set forts in paragraph 1 of this sector. 29 CFR 5.5. 9. Disputes concerning labor standards. As provided in 29 • $27 as of January 23, 2019 (See 84 FR 213-01. 218) as may CFR 5S. disputes arising out of the labor standards provisions be adjusted annually by the Department of Labor, pursuing to of arm contrad shall not be subject to the general disputes the Federal Civil Penalties Inflation Adjustment Ad of 1991 cause of this combed. SUM disputes Shall be resolved in accordance with the procedures of the Department of Labor 711 EXHIBIT O 3. Withholding for unpld wages and liquidaled damages. The FHWA or the contacting agency shall upon its awn action or upon written request of an authorized representative of the Department of Labor withhold or cause to be wdmi tram any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set erfh in paragraph 2 of this section. 29 CFR 5.5, 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts Me clauses set font in paragraphs 1 through 4 of this section and also a clause requiring the subcontractors 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 Me clauses set forth in paragraphs 1 through 4 of this secen. 29 CFR 5.5. in. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts an the National Highway System pursuant to 23 CFR 635116, i. The contractor shall perform with its own organization contract work amounting to not less Man 30 percent (or a greater percentage if specified elsewhere in the contract) of Me total original contract price, excluding any specially items designated by Me contracting agency. Specialty items may be performed by subcontract and Me amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by Me contractors own organization (23 CFR 635.116). a. The tend "perform work with its own organization' in paragraph 1 of Section VI refers to workers employed or leaned by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcentractor, agents of the prime contractor, or any other assignees. The term may inclutle payments for the costs of hiring leased employees from an employee leasing firth mcefing all relevant Federal and State regulatory requirements. Leased employees may only be included in this tend tithe prime contractor meets all of the following conditions: (based on longstanding interpretation) (1) the prime contractor maintains control over the supervision of the clay -to -day activities of the leased employees; (2) Me prime contractor remains responsible for the quality of the work of the eased employees; (3) Me prime contractor retains all power to accept or exclude individual employees from work on Me project; and (4) Me prime contractor remains ultimately responsible for Me payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. to, "Specialty Items" shall be constroed to be limited to work Mat requires highly specializetl knowledge, solutes, or M. equipment not ordinarily available in the type of whass ing organizations qualified and expected to bid or propose on Me contract as a whole and in general are to be limited to minor components of Me overall contract. 23 CFR 635.102. 2. Pursuant to 23 CFR 635.116(a), the contract amount upon which the requirements set farth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. Pursuant to 23 CFR 635.116(c), the contractor shall furnish (a) a competent superintendent or supervisor who is employed by Me firm, has full authority M direct performance of Me work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision. management, and engineering services) as the contracting officer determines is necessary to assure Me performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after Me contracting agency has assured that each sutwo ntract Is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. (based on long- standing interpretation of 23 CFR 635,116), 5. The 30-percent salt -performance requirement of paragraph (1) is not applicable to design -build contracts; however. contracting agencies may establish their own self -performance requirements. 23 CFR 635.116(d). Mi. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal -aid construction coni ant to all related subcontracts. 1. In Me performance of this contract Me contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR Part 635). The contractor shall provide all safeguards, safety devices and Protective equipment and take any other needed actions as it determines, or as the contmang officer may determine, to be reasonably necessary to protect the life and heath of employees on the job ant Me safety of the public and to protect properly in connection with the performance of Me work covered by the contract. 23 CFR 635,108. 2. It e a wnddion of this wntmd, and shall be made a condition of each subcontract, which the contractor enters into pursuant to Mis contract, Mat Me contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to hislher heath or safety, as deMrmined under construction safety and heath standards (29 CFR Pad 1926) promulgated by Me Secretary of Labor, in accordance with Section 107 of Me Contract Work Hours and Safety Standards Act (40 U,S.C. 3204). 29 CFR 1926.10. 3. Pursuant to 29 CFR 1926.3, it is a wndition of this wntmd Mat the Secretary of Labor or authorized representative thereof, shall have night of entry to any site of contract Performance to inspect or investigate the matter of compliance EXHIBIT O with the construction safety and health standards and to carry Out Me duties of the Secretary under Section 107 done Contact Work Hours and Safety Standards Ad (40 U.S.C. 3704). WII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federalaidconstmdion contracts and ro all relatetl subcontracts. In order to assure high quality and durable construction in conformal with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal aidhighway projects, it is essential that all persons concemed with the project perform their functions as carefully, thoroughly, and honestly as possible. Wilttul falsification, distoNon, or misrepresentation with respect to any fads related to Me projed is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Fedeml-aid highway projed (23 CFR Part 635) in one or more places where it is readily available to all persons concemed with the project: 18 U.S C. 1020 reads as follows'. "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, gml, or Corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of Me material used or to be used, or Me quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, apecifieabons, contrails, or costs of commotion on any highway or related project submitted for approval to the Secretary of Transportation; or WOcever knowingly makes any false statement, hiss represenabon, false report or lot" claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with Me construction of any highway or relatetl project approved 4 Me Secretary of Transportation; or WToever knowingly makes any false statement or false representation as to material fad in any statement, certificate or report submitted pursuant M provisions of the Federal -aid Roads Ad approved July 11, 1916, (39 Suit, 355), as amended and supplemented; Shall be fined antler this title or imprisoned not more than 5 years or both " UL IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (42 U.SC. 7608', 2 CFR 200.88; EO 11738) This provision is applicable to all Federal-vid construction contracts in excess of $150,000 and to all related subcontracts. 48 CFR 2,10/', 2 CFR 200,326 By submission of this bid/proposal or the exewhon of this contract or subcontract, as appropriate, the bidder, proposer Federal -aid construction contractor, subcontractor, suppler, or vendor agrees M comply with all applicable standards, orders M or regulations issued pursuant to the Clean AirAct (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Ad, as amended (33 U.S.C. 1251-1387). Violations must be reported to Me Federal Highway Administration and Me Regional Office of the Enviranmemal Protection Agency. 2 CFR Part 200, Appendix ll. The contractor agrees to include or mum to W included Me requirements of Mis Section in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. 2 CFR 200 326. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision Is applicable to all Federal -aid construction COMrads, design -build Confech, subcontrads, lower -tier subcontracts, purchase orders, lease agreements, confident contracts or any other covered transaction requiting FHWA approval or Mat is estimated to cost $25,000 or more — as defined in 2 CFR Park 180 and 1200. 2 CFR 180.220 and 1200,220. 1. Instructions for CertNlcatlon — First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide Me codification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to hrmish a certification or an explanation shall disqualify such a person from participation in this transaction. 2 CFR 180.320. c. The codification in this clause is a material representation of fad upon which reliance was placed when Me contracting agency determined to enter into this transaction. If it is later determined Mat Me prospective Participant knowingly rendered an erroneous cedttmztion, in addition to other remedies available to the Federal Government, the contracting agency may terminate Mis transaction for cause of default. 2 CFR 180.325. d. The prospective first tier participant shall provide Immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective that tier participant learns that its certification was errorreous when submitted or has become erroneous by reason of changed circumstances. 2 CFR 180.345 and 180.350. e. The terms "covered transaction; 'deban xi 'suspended, "ineligible,""participant.-'person, "Principal," and'voluntanly excluded' as used in this clause, are defined in 2 CFR Park 180, Subpart I, 180.900-180.1020, and 1200, 'First Tier Covered Transactions' refers to any covered transaction between a recipient or subrecipient of Federal funds and a participant (such as the prime or general witted). Lower Tier Covered Transactions' refers t0 any covered transaction under a First Tier Covered Transadion (such as subcontracts). 'First Tier Participant" refers to Me participant EXHIBIT O who has entered into a covered transaction with a recipient or subrecipient of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a Finn Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). C The prospective that her participate agrees by submating this proposal Mat, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, dechmed ineligible, or volu llumly excluded from participation in this coveretl transaction, unless authorized by the department or agency entering into this transaction. 2 CFR 180,330. g. The prospective first gar participant further agrees by submitng this proposal that it will include to clause tilled "CertMcation Regarding Debarment. Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this Covered transaction, without modification, in all lower tier covered transactions and In all solicitations for lower ter cowhal transactions exceeding the S25,000 threshold. 2 CFR 180.220 and 180.300. In. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction Mat is not debarred, suspended, ineligible, or voluntarily excluded from the covered mansactioo unless it knows that the certification is erroneous. 2 CFR 180,300; 180.320, and 180.325. A participant is responsible for ensuring Mat its principals are not suspended, debarred, or otherwise ineligible to paNcipant in covered transactions. 2 CFR 180.335. To verify the eligibility of its principals, as well as Me eligibility of any lower ter prospective participants, each participant may, but is not required to, check the System for Award Management website fh tps:Avww.samaovA. 2 CFR 180 300, 180.320, and 180 325. i. Nothing contained in the fomgoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (1) of these iOaWd' ions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Govemment, Me department or agency may terminate has transaction for muse or default 2CFR 180. 325. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participant: a. The prospective first liar participant candles to the best of its knowledge and belie[ Mat it and its principals: (1) Are not presently debarred, suspentled, proposed for debarment, declared ineligible, or voluntarily excluded from participating In covered transactions by any Federal department or agency, 2 CFR 180,335;. m (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of tend or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or loWI) transaction or contrec under a public transaction: violation of Federal or State Shall statutes or commission of embezzlement, Me8, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, 2 CFR 180,800: (3) Are not presently indicted for orothemiss criminally or civilly charged by a governmental Shall (Federal, Stale or local) with commission of any of the offenses enumerated in paragraph (s)(2) of this certification, 2 CFR 180.700 and 180.800; and (4) HavenotwiMinathree-yearpedodpmwding Mis application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default 2 CFR 180.335(d). (5) Are not a corporation that has been convicted of a felony violation under any Federal law within the two-year period preceding this proposal (USDOT Order 42008 implementing appropnsfions act requirements); and (6) Are not a corporation with any unpaid Federal tax liability that has been assessed. for which all judicial and administrative remedies have been exhausted, or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability (USDOT Order 4200.6 implementing appropriations act requirements). b. Where Me prospective participant is unable to minify 0 any of the statements in this mNfimtion, such prospective participant Should attach an explanation to this proposal. 2 CFR 180.335 and 180.340. 3. Instructions for Certification - Lower Tier Participants (Applicable to all subcontracts, purchase orders, and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200), 2 CFR 180.220 and 1200.220. a. By signing and submitting this proposal, the prospective lower tier pa opant is providing the certification set out below. b. The certification in this clause is a material representation of fed upon which reliance was placed when this transaction was entered into. If it is later determined Mat Me prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remetlies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate writen notice to the person to which this proposal is submitted if at any time the prospective lower tier participant Teams that its modification was erroneous by reason of changed circumstances. 2 CFR 180.365. d. The terms "covered transaction." "debaretl." "suspentled,""ineligible,""paNcipant; "person.""principal," and Voluntinly excluded," as used in this cause, are defined in 2 CFR Parts 180, Subpart I, 180.900—180.1020, and 1200. You may contact the person to which this proposal is EXHIBIT O submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions''refersto any covered transaction between a recipient or subrecipient of Federal funds and a padlcipant (such as the prime or general contact). 'Lower Tier Covered Transactions" rears to any covered transaction under a First Tier Covered Transaction (such as subcontads). "Fiat Tier Partiopant'refers to the participant who has entered into a coveted transaction with a recipient or subredpient of Federal funds (such as the prime or general contractor). "Lower Tier Particpant- refers any participant who has entered into a covered transaction with a First Tier Padidpant or other Lower Tier PaNcipants (such as subcontractors and supplied). e. The prospective lower tier participant agrees by submitting this proposal Mat, shouts the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from parldisnon in this covered h imundron, unless authorized by the department or agency with which this transaction originated. 2 CFR 1200.220 and 1200.332. f The prospective lower tier participant further agrees by submitting this proposal Mat it will include Mis clause titled -C Mficetion Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. 2 CFR 180.220 and 1200.220. g. A paNdpant in a covered transaction may rely upon a cortificetion of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that Me codification is erroneous. A participant is responsible for ensuring that its prindpals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To valley Me eligibility of its pnocipals. as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the System for Award Management wonder (htlboldivww.source v/),whichis compiled by the General Services Administration. 2 CFR 180.300, 180 320, 180.330, and 180.335. h. Nothing contained in Me foregoing shall be construed to require establishment of a system of records in order to render in good faith the codification required by Mis clause. The knowledge and information of participant is not required fo exceed Mat which is normally possessed by a prudent person in Me ordinary course of business dealings. I. Expept for transactions authorized under paragraph a of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, tlebaned. ineligible, or voluntarily excudetl from participation in this tansamon, in addition to other comedies available to the Federal Government, the department or agency wide which this transaction originated may pursue available remedies, including suspension and/or debarment 2CFR 180.326 Codification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Participants: 1. The prospective lower tier pon icipant certifies, by submission of this proposal, that neither it nor its principals: 91 (a) is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from partiapating in covered transactions by any Federal department or agency, 2 CFR 180.355: Us) is a corporation Mat has been convicted of a relony violation under any Federal law within Me two-year period preceding this proposal (USDOT Order 4200.6 implementing appropriations ad requirements); and (c) is a corporation with any unpaid Federal tax liability that has been assessed, for which all judicial and administagve dmedies have been exhausted, or have lapsed, and Mat is not being paid in a timely mentor pursuant to an agreement with Me authority responsible for collecting the tax liability. (USDOT Order 4200.6 implementing appropriations ad requirements) 2. More Me prospective lower tier participant is unable to codify to any of the statements in this certification, such prospective participant should attach an explanation to this proposal. %I. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid constr ii contacts and to all related suecondacts which exceed $100,000, 49 CFR Pad 20. App. A. 1. The prospective participant certifies, by signing and submitting this bid or proposal, 0 the best of his or her knowledge and belief, that a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in communion with Me awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, Me entering into of any cooperative agreement, antl the extension, combnustion, renewal, amendment, or modification of any Federal contract, grand, loan, or cooperages, agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress. an officer or employee of Congress, or an employee of a Member of Congress in connection wit this Federal contract, grant, loan, or cooperative agreement, Me undersignetl shall complete and submit Standard Foram "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certificetion Is a material representation of fad upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering Into this transaction imposed by 31 U.S.C. 1362. Any person who fails to file Me requiretl certi8cauon shall be subject to a civil penalty of not toss than $10,000 and not more than $100,000 for each such failure. 3. The prospective partiandir also agrees by submitting its bid or proposal Mat Me participant shall require that the language of this codification be included in all lower tier EXHIBIT O subcontrads, which exceed $100,000 and that all such recipients shall Certify and disclose accordingly. XII. USE OF UNITED STATES -FLAG VESSELS This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts. purchase orders, lease agreements, or any other covered transaction. 46 CFR Pact 381. Thu requirement applies to material or equipment that is acquired for a specific Federal -aid highway project. 46 CFR 381 T It is not applicable to goods or materials that come into inventories independent of an FHWA funded -contract. When oceanic shipments (or shipments across Me Great Lakes) are necessary for materials or equipment acquired for a spedfic Federal -aid construction project. Me bidder, proposer, contractor, subcontractor, or vendor agrees: 1. To utilize pnvately owned United States -flag commercial vessels to ship at least 50 percent of Me gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States -flag commercial vessels. 46 CFR 3811, 2. To famish within 20 days following the data of loading for shipments originating within Me United States or within 30 working days following the date of loading for shipments originating outside the United States, a legible copy of a rated, 'on -board' commercial ocean bill -of -lading in English for each shipment of cargo described in paragraph (b)(1) of this section to both the Contracting Officer (through Me prime contractor in the case of subcontractor billsaf-lading) and to the Office of Cargo and Commercial Seatifl (MAR-620), Maritime Administration, Washington, DC 20590, (MARAD requires copies ofthe ocean carriers (master) bills of lading, certified unloosed, dated, wit rates and charges. These bills of lading may contain business sensitive information and therefore may be submitted directly to MARAD by the Ocean Transportation Intermediary on behalf of Me contractor). 46 CFR 381.7. 92 EXHIBIT O ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS (23 CFR 633, Subpart S, Appendix S) This provision is applicable to all Federal -aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the perfermance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on -site work shall give preference to qualified persons who regularly reside in the labor area as designated by Me DOL wherein the central work is situated or the subregion, or Me Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of Me centradar to employ supervisory or specially experiencetl personnel necessary to assure an efficient execution of the central work. c. For the obligation of the contractor to offer employment to present or farmer employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1d shall not exceed 20 percent of Me total number of employees employed by Me contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place a job order with the State Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract we*, (b) the number of employees required in each lasslfication, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent Informal required by the State Employment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the mums of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by Me State Employment Service. The contractor is not required to grant employment to any lab applicants who, in his opinion, are not qualified to perform Me classification of work required. 4. If, within one weak following the placing of a jab order by Me contractor with the Stale Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contractor, or law Man the number requested Me State Employment Service will famed a certificate to the contractor indicating the unavailability of applicants. Such earful shall as made a part of the cantralors permanent project records. Upon receipt of this ceNficate, the contractor may employ persons who do not normally reside In the labor area to fill positions covered by the ceNficate, notwithstanding Me provisions of subparagraph (1 c) above. 5. The provisions of 23 CFR 633.20y(e) allow Ma contrecling agency to provide a contractual preference for Me use of mineral resource materials native to the Appalachian region. S. The contractor shall include Me provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which Is, or reasonably may be, done as onsitework. 93 EXHIBIT P Certification of Non -Segregated Facilities CERTIFICATION OF NON -SEGREGATED FACILITIES The federally assisted construction contractor certifies that he/she does not maintain or provide for his/her employees any segregated facilities at any of his/her establishments, and that he/she does not permit his/her employees to perform their services at any location, under his/her control, where segregated facilities are maintained. The federally assisted construction contractor certifles further that he/she will not maintain or provide for his/her employees any segregated facilities at any of his/her establishments, and that he/she will not permit his/her employees to perform their services at any location, under his/her control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this section is a violation of the Equal Opportunity Clause in this contract. As used in this caption, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national of because of habit, local custom, or otherwise. The federally assisted construction contractor agrees that (except where he/she has obtained Identical certifications from proposed subcontractors for specific time periods) he/she 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 he/she will retain such certifications in his/her files. NOTE-. The penalty for maki f e�ents in offers is prescribed in 18 U.S. C. 1001. Contractor Signature Typed Name& Title Mark Lorenz, Vice President Date 12/8/2022 94 EXHIBIT Q U.S. Department of the Interior Certifications Regarding Debarment, Suspension and Other Responsibility Matters, Drug -Free Workplace Requirements and Lobbying Persons signing this form should refer to the regulations referenced below for complete instructions: Certification Regarding Debarment, Suspension, and Omer Responsibility Matters - Pdmary Covered Transactions - The prospective primary participant further agrees by submitting this proposal that It will Include the clause titled, "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," provided by the Department or agency entering into this covered transaction, without modification, In all lower tier covered transactions and In all solicitations for lower tier covered transactions. See below for language to be used or use this form certification and sign. (See Appendix A of Subpart D of 43 CFR Part 12.) Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions - (See Appendix B of Subpart D of 43 CFR Part 12.) Certification Regarding Dmg-Free Workplace Requirements - Alternate I. (Grantees Other Than Individuals) and Alternate II. (Grantees Who are Individuals) - (See Appendix C of Subpart D of 43 CFR Part 12) Signature on this form provides for compliance with certification requirements under 43 CFR Parts 12 and 18. The certifications shall be treated as a malarial representation of fact upon which reliance will be placed when the Department of the Interior determines to award the covered transaction, grant, cooperative agreement or loan. PARTA: Certification Regarding Debarment, Suspension, and Other Responsibility Matters. Primary Covered Transactions CHi IF THIS CERTIFICATION IS FOR A PRIMARY COVERED TRANSACTIONAND IS APPLICABLE. (1) The prospective primary participant candies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embemlemenl, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public lransactiens (Federal. Stale or local) terminated for cause or default. (2) Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. PART a: Certification Regarding Debarment, suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions CHECK IF THIS CERTIFICATION IS FOR A LOWER TIER COVERED TRANSACTION AND APPLICABLE. (1) The prospective lower tier participant certifes, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. m.mm x" 19% m,b 1mm rtgew. oL1951 o4195i. DL195s, x-199e9na n41 W91 95 PART C: Certification Regarding Drug -Free WorkplaceRequirements CHECI� X IF THIS CERTIFICATION IS FOR AN APPLICANT WHD IS NOTAN INDIVIDUAL Alternate I. (Grantees Other Than Individuals) A. The grantee certifies that it will or continue to provide a drug -free workplace by: (a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance Is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an ongoing drug -free awareness program to inform employees about— (1) The dangers of drug abuse in the workplace; (2) The grantee's policy of maintaining a drui workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will -- (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring In the workplace no later than five calendar days after such conviction; (a) Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, Including position title, to every grant officer on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the Identification number(s) of each affected grant; (1) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted -- (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; (g) Making a good faith effort to continue to maintain a drug -tree workplace through implementation of paragraphs (a) (b), (o), (d), (a) and (f). B. The grantee may Insert in the space provided below the sile(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) Check_if mere are workplaces on files that are not identified here. PART D: CartRlcatlon Regarding Drug -Free Workplace Requirements CHECP(_IF MIS CERTIFICATION IS FORANAPPLICANT WN IS AN INDIVIDUAL. Alternate If. (Grantees Who Are Individuals) (a) The grantee certifies that, as a condition of the grant, he or she will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity with the grant; (b) If convicted of a criminal drug offense resulting from a violation occurring during the conduct of any grant activity, he or she will report the conviction, in writing, within 10 calendar days of the conviction, to the grant officer or other designee, unless the Federal agency designates a central point for the recalpt of such notices. When notice is made to such a central point, It shall include the identification number(e) of each affected grant. OI-ID10 b ua1W5 Q6eb,ml-lgvi ,10�1 a I95i. OI-1955, 01-09511 enG DN91i0) PART E: Certification Regarding Lobbying Certification for Contracts, Grants. Loans, and Cooperative Agreements CHECKX /F CERTIF/CATION IS FOR THE AWARD OFANY OF THE FOLLOWING AND THEAMOUNT EXCEEDS $100,000: AFEDERAL GRANTOR COOPERATIVEAGREEMENT, SUBCONTRACT, OR SUBGRANT UNDER THE GRANTOR COOPERATIVEAGREEMENT. CHECK IF CERRFICATION FOR THEAWARD OFA FEDERAL LOAN EXCEEDBIG THEAMOUNT OF $150,000, OR A SUBGRANT OR SUBCONTRACTEXCEEOING $100,000, UNDER THE LOAN. The undersigned certifies, to the best of his or her knowledge and belief, that (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned. to any person for influencing or attempting to influence an officer or employee of an agency. a Member of Congress, and officer of employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant. the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (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 this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, 'Disclosure Form to Report Lobbying' in accordance with its (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants. and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of This certification is a prerequisite for making or entering into this transaction Imposed by Section 1352. title 31, U.S. Code. An yy person who falls to file the required certification shall be subject to a civil penally of not less then $10,000 and not more than $100,000 for each such failure. As the authorized certifying official, I hereby certify that the above specified certifications are true CERTIFYING OFFICIAL Mark Lorenz, Vice President TYPED NAME AND TITLE 12/8/2022 eLH110 97 w� Tess Imisiwm nW.w. dL+asa w +as:a. 311o1-sx.na oNBB9l EXHIBIT R CERTIFICATE OF MATERIALS ORIGIN FEDERAL PROJECT NUMBER RT21005 STATE PROJECT NUMBER RTP 2021-05 ITEM DESCRIPTION BID ITEM NUMBER INVOICE NUMBER QUANTITY DATE RECEIVED BILL OF LADING No. MATERIAL SOURCE (NAME AND ADDRESS) TO INCLUDE EACH SUPPLIER, FABRICATOR, AND MANUFACTURER INCLUDING HEAT/BATCH NUMBERS IF AVAILABLE MATERIAL DESCRIPTION DESCRIPTION OF MATERIALS OF UNKNOWN ORIGIN OR FOREIGN MATERIALS DELIVERED TO THE PROJECT This certification is made for the purpose of establishing the materials acceptance under the Buy America Certification (23CFR 635.410) and the Contract Special Provisions. All iron and steel manufacturing processes, including protective coating for the domestic materials described above occurred in the United States of America. Manufacturer's certificates verify the origin above described in the domestic materials and will be kept on file for three years by the suppliers following final payment. Copies will be provided to the Missouri Department of Natural Resources upon request. I declare under penalty of perjury under the Missouri and Federal Laws that the foregoing is true and correct. Company Name and Address Authorized Representative Name: Title: Signature: Date: m EXHIBIT R CERTIFICATE OF MATERIALS ORIGIN (NON-IRON/STEEL) FEDERAL PROJECT NUMBER RT21005 STATE PROJECT NUMBER I RTP 2021-05 ITEM DESCRIPTION BID ITEM NUMBER INVOICE NUMBER QUANTITY DATE RECEIVED BILL OF LADING No. MATERIAL SOURCE (NAME AND ADDRESS) TO INCLUDE EACH SUPPLIER, FABRICATOR, AND MANUFACTURER INCLUDING HEAT/BATCH NUMBERS IF AVAILABLE MATERIAL DESCRIPTION DESCRIPTION OF MATERIALS OF UNKNOWN ORIGIN OR FOREIGN MATERIALS DELIVERED TO THE PROJECT This certification is made for the purpose of establishing the materials acceptance under the Buy America requirements in the Jobs ACT legislation which includes Build America, Buy America Act Publication L. No. 117-68. This certification is for the additional construction material requirements to be domestically produced in addition to the existing steel and iron Buy America requirements. The construction material origin and any manufacturing processes for this product shall all be performed domestically in the United States of America. Manufacturer's certificates shall verify the origin above described in the domestic materials and will be kept on file for three years by the suppliers following final payment. Copies will be provided to the Missouri Department of Natural Resources upon request. I declare to the best of my knowledge under penalty of perjury under the Missouri and Federal Laws that the foreaoino is true and correct. Company Name and Address Authorized Representative Name: Title: Signature: Date: EXHIBIT S SWPPP STORM WATER POLLUTION PREVENTION PLAN For CITY OF RIVERSIDE, MISSOURI CONSTRUCTION ACTIVITIES At Line Creek Trail Connector Prepared by: City of Riverside 2950 NW Vivian Road Riverside, MO 64150 Ms. Noel Bennion Capital Projects & Parks Manager September 2022 TABLE OF CONTENTS "Please note: a Lard Disturbance Permit is not required, disturbing less than I acre SECTION 1 Owner's Certification and Delegation Contractor's Certification and Delegation Sub -Contractor Certifications SECTION 2 Storm Water Pollution Prevention Plan (SWPPP) SECTION 3 Temporary Erosion and Sedimentation Control Plan Sheets (TESDPS) National Resources Conservation Service (MRCS) Soil Map SECTION 4 Inspection Report Form Record of Stabilization and Major Activities Form SWPPP Modification Report Form Project Rainfall Log Form SECTION S Final Stabilization Certification Checklist and Contractor's Certification SECTION 6 Attachments Record Keeping Documentation of the SWPPP 101 SECTION 1 Owner's Certification and Delegation Contractor's Certification and Delegation Sub -Contractor Certifications 102 STORM WATER POLLUTION PREVENTION PLAN Line Creek Trail Connector City of Riverside 2950 NW Vivion Rd Riverside, MO 64150 'S CERTIFICATION and DELEGATI 1 certify under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. Project Owner: City of Riverside Authorized Representative: Noel Bennion Title: Capital Proiects & Parks Manager Address: 2950 NW Vivion Road, Riverside, MO 64150 Signature, Date: As Project Owner, I have delegated the following individual to monitor Storm Water Prevention Plan (SWPPP) compliance: Owner Representative: Noel Bennion Title: Capital Proiects & Parks Manager Signature, Date: Phone: 816-741-3993 103 STORM WATER POLLUTION PREVENTION PLAN Line Creek Trail Connector City of Riverside 2950 NW Vivion Rd Riverside, MO 64150 1\ 1' ;_ 114 mv V Lem tip 1 1\ I certify under penalty of law, that I understand the terms and conditions of the National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP) that authorizes the storm water discharges associated with industrial activity from the construction site identified as part of this Certification. I understand that 1 am legally required under the Clean Water Act, to ensure compliance with the terns and conditions of NPDES storm water CGP and this Storm Water Pollution Prevention Plan (SWPPP). 1 understand that I am fully responsible for all subcontractors who perform work activities on the construction site, to comply with all provisions and requirements of the NPDES storm water CGP and this SWPPP. Authorized Address: Signature, As Contractor, I have delegated SWPPP compliance and inspection responsibilities to the following individual for the duration of construction activities for which this company is under contract with this project. Contractor SWPPP Representative: Signature, 104 STORM WATER POLLUTION PREVENTION PLAN Line Creek Trail Connector City of Riverside 2950 NW Vivion Rd Riverside, MO 64150 I certify under penalty of law, that I understand the terms and conditions of the National Pollutant Discharge Elimination System (NPDES) Construction General Permit (CGP) that authorizes the storm water discharges associated with industrial activity from the construction site identified as part of this Certification. I understand that I am legally required under the Clean Water Act, to ensure compliance with the terms and conditions of NPDES storm water CGP and this Storm Water Pollution Prevention Plan (SWPPP). Authorized Signature, Date: Authorized Representative: Signature, Sub -Contractor: Authorized Signature, 105 SECTION 2 Storm Water Pollution Prevention Plan (SWPPP) 106 STORM WATER POLLUTION PREVENTION PLAN PROJECT AND SITE DESCRIPTION: PROJECT NAME AND LOCATION Line Creek Trail Connector From Renner Brenner Park to east side of Gateway Avenue Total Site Area: 0.8 Acres Estimated Disturbed Area: 0.8 Acres OWNER'S NAME AND ADDRESS City of Riverside 2950 NW Vivion Road, Riverside, MO 64150 DESCRIPTION This project will consist of construction ofthe Line Creek Trail Connector. Soil disturbing activities will primarily include: 1. Full depth construction of a trail connecting to the existing tmil in Renner Brenner Park. 2. Construction of bridge abutments and placement of a pre -fabricated pedestrian bridge. 3. Rip-mp of stream banks. 4. Construction of storm sewer. 5. Site grading. The estimated completion date of the construction project is late winter or early spring of 2023. SOILS, AND RAINFALL INFORMATION The site consists of soils that are classified by the USDA Soil Conservation Service as approximately 48.3%Nodaway Silt Loam, 0-2% slopes and 51.7%Nodaway Silt Loam, 1-3% slopes. The soils are listed as "frequently flooded." See NRCS Soil Map for spatial distribution of soils on the site. The site is in Platte County, which typically receive 38 to 42 inches of rainfall annually with the highest amounts of rainfall received in the months of May through July. NAME OF RECEIVING WATERS Runoff from the project site is discharged by sheet flow and the existing, to be improved, storm drain into Line Creek on the south side of the project. Line Creek flows into the Missouri River, which ultimately flows into the Gulf of Mexico through the Mississippi River. 107 STORM WATER POLLUTION PREVENTION PLAN CONTROLS: EROSION AND SEDIMENT CONTROLS 1. Stabilization Practices Stabilization practices for this site include: A. Land clearing activities shall be done only in areas where earthwork will be performed and shall progress as earthwork is needed. B. Frequent watering of disturbed areas to minimize dust during construction. C. Installation of interim Best Management Practices (BMPs) to reduce overland flow lengths. D. Permanent seeding will be placed on disturbed areas when earthwork is completed. 2. Structural Practices Structural practices for this site include but are not limited to the following range of BMPs. Construction details of BMPs are included in the Erosion Control Plan Sheets (ECPS): A. Sediment Filter Logs. B. Erosion Control Blanket, Type A. C. Seeding and Straw Mulch. 3. Sequence of Major Activities The Contractor will be responsible for implementing the following erosion control and storm water management control structures. All structural practices shall be maintained through the course of the construction and shall be sequenced according to activities in the field. The Contractor may designate these tasks to certain subcontractors as he sees fit, but the ultimate responsibility for implementing these controls and ensuring their proper functioning remains with the Contractor. Refer to ECPS contained in this SWPPP for details. The order of activities will be as follows and shall be documented on the Record of Stabilization and Construction Activities Form: A. Install perimeter silt fences and other BMPs. B. Perform grading and storm sewer installation. C. Frequent watering of the disturbed areas to minimize dust. D. Disturbed areas of the site where construction activity has ceased for more than 14 days shall he stabilized. E. Install BMPs at the locations of all area inlets and curb inlets. F. Carry out final grading, paving and permanent seeding. G. Remove BMPs only after all paving is complete and exposed surfaces are stabilized. 108 STORM WATER POLLUTION PREVENTION PLAN OTHER CONTROLS: Management of materials and practices, outside of soil disturbing activities, shall be the responsibility of the Contractor. Such activities shall include, but not be limited to, the items shown below. 1. Waste Disposal All waste materials will be regularly removed from the construction site. No construction waste materials will be buried onsite. 2. Sanitary Waste All sanitary waste will be collected from the portable units on a frequent, periodical basis by a licensed sanitary waste management contractor. 3. Concrete Waste from Concrete Trucks Excess concrete and concrete wash water shall be returned to the concrete plant or deposited at a designated containment area on site, constructed in a manner to prevent run- off from entering the street, storm water drainage systems or waterways. Wash water may not be deposited in streets, curbs, gutters, storm drains, or waterways. 4. Hazardous Substances and Hazardous Waste All hazardous waste materials will be disposed of in the manner specified by local or state regulation or by the manufacturer. The contractor's site personnel will be instructed in these practices and the contractor's Site Manager will be responsible for seeing that these practices are followed. 109 STORM WATER POLLUTION PREVENTION PLAN MAINTENANCE/INSPECTION PROCEDURES: Erosion and Sediment Control and Stabilization Measures Maintenance and Inspection Practices A. The following inspection and maintenance practices will be used to maintain erosion and sediment controls and stabilization measures to be performed by the Contractor. 1. All control measures will be inspected at least every 14 days and within 24 hours following a 0.5 inch or greater rainfall event. 2. All measures will be maintained in good working order; if repairs are found to be necessary, they will be initiated within 24 hours of report. 3. Built-up sediment will be removed from sediment logs as required by manufacturer and to maintain grade. 4. The sediment basin, if present, will be inspected for depth of sediment, and built-up sediment will be removed when it reaches 10 percent of the design capacity. 5. Temporary and permanent seeding and all other stabilization measures will be inspected for bare spots, washouts, and healthy growth. 6. A maintenance inspection report will be made after each inspection. Copies of the Inspection Report Forms to be completed by the inspector are included in this SWPPP under SECTION 4. 7. The Contractor will be responsible for selecting and training the individuals who will be responsible for these inspections, maintenance, and repair activities, and filling out inspection and maintenance reports. 8. Personnel selected for the inspection and maintenance responsibilities will receive training from the Contractor. Documentation of this personnel training will be kept in the Contractor's SWPPP Folder. 9. Disturbed areas and materials storage areas will be inspected for evidence of or potential for pollutants entering storm water systems. 10. Report to U.S. Environmental Protection Agency within 24 hours any noncompliance with the SWPPP that will endanger public health or the environment. Inspection and Maintenance Report Forms These Inspection Report Forms shall be readily accessible to governmental inspection officials and the Owner for review upon request. Copies of the reports shall be provided to any of these persons, upon request, via mail or facsimile transmission. Inspection and maintenance report forms are to be maintained by the permittee for five years following the final stabilization of the site. Other Record -Keeping Requirements The Contractor shall provide copies of the completed forms and any reports filed with regulatory agencies if reportable quantities of hazardous materials are spilled. 110 STORM WATER POLLUTION PREVENTION PLAN SUMMARY OF EROSION AND SEDIMENT CONTROL AND STABILIZATION MEASURES MAINTENANCE/INSPECTION PROCEDURES ❑ All control measures will be inspected at least every 14 days and within 24 hours following a rainfall event of 0.5 inches or greater. ❑ All measures will be maintained in good working order; if a repair is necessary, it will be initiated within 24 hours of report. ❑ Built-up sediment will be removed from silt fences when it has reached one-third the height of the fence. ❑ Sediment filter logs will be inspected and maintained per manufacturers recommendation. Sediment filter logs shall be securely attached to the ground. ❑ Sediment basins, if present, will be inspected for depth of sediment, and built-up sediment will be removed when it reaches 10%of the design capacity or at the end of the job. ❑ Diversion dikes, if present, will be inspected and any breaches promptly repaired. ❑ Temporary and permanent seeding and planting and other stabilization measures will be inspected for bare spots, washouts, and healthy growth. ❑ A maintenance inspection report will be made after each inspection. A copy of the Inspection Report Forms to be used is included in this SWPPP under SECTION 4. ❑ The Contractor will select the individuals who will be responsible for inspections, maintenance, and repair activities, and filling out the inspection and maintenance reports. ❑ Personnel selected for inspection and maintenance responsibilities will receive training from the Contractor. They will be trained in all the inspection and maintenance practices necessary for keeping the erosion and sediment controls used onsite in good working order. ❑ Disturbed areas and materials storage areas will be inspected for evidence of or potential for pollutants entering stonn water systems. ❑ Report to U.S. Environmental Protection Agency within 24 hours any noncompliance with the SWPPP that will endanger public health or the environment. Follow up with a written report within 5 days of the noncompliance event. ill STORM WATER POLLUTION PREVENTION PLAN CONSTRUCTION/IMPLEMENTATION C H E C K L I S T 1. Maintain Records of Construction Activities, including: ❑ Dates when major grading activities occur. ❑ Dates when construction activities temporarily cease on a portion of the site. ❑ Dates when construction activities permanently cease on a portion of the site. ❑ Dates when stabilization measures are initiated on the site. ❑ Dates of rainfall and the amount of rainfall. ❑ Dates and descriptions of the character and amount of any spills of hazardous materials. ❑ Records of reports filed with regulatory agencies if reportable quantities of hazardous materials spilled. 2. Prepare Inspection Reports summarizing: ❑ Name of inspector. ❑ Qualifications of inspector. ❑ Measures/areas inspected. ❑ Observed conditions. ❑ Changes necessary to the S WPPP. 3. Report Releases of Reportable Quantities of Oil or Hazardous Materials (if they occur): ❑ Notify National Response Center (1-800-424-8802) immediately. ❑ Notify the Missouri Department of Natural Resources. ❑ Notify the City of Riverside. ❑ Modify the pollution prevention plan to include: - the date of release. - circumstances leading to the release. - steps taken to prevent reoccurrence of the release. 4. Modify Pollution Prevention Plan as necessary to: ❑ Comply with the minimum permit requirements when notified by U.S. Environmental Protection Agency or Missouri Department of Natural Resources that the plan does not comply. ❑ Address a change in design, construction operation, or maintenance, which has an effect on the potential for discharge of pollutants. ❑ Prevent reoccurrence of reportable quantity releases of a hazardous material or oil. 112 STORM WATER POLLUTION PREVENTION PLAN SPILL PREVENTION CONTROL AND COUNTERMEASURES PLAN (SPCC): MATERIALS COVERED The following materials or substances with known hazardous properties are expected to be present onsite during construction: Concrete Cleaning solvents Petroleum based products Concrete additives Concrete color Fertilizers MATERIAL MANAGEMENT PRACTICES The following are the material management practices that will be used to reduce the risk of spills or other accidental exposure of materials and substances to storm water runoff. I. Good Housekeeping The following good housekeeping practices will be followed onsite during the construction project. A. An effort will be made to store only enough products required to do the job. B. All materials stored onsite will be stored in a neat, orderly manner, and if possible, under a roof or other enclosure. C. Products will be kept in their original containers with the original manufacturer's label in legible condition. D. Substances will not be mixed with one another unless recommended by the manufacturer. E. Appropriately dispose of empty product containers. F. Manufacturer's recommendations for proper use and disposal will be followed. G. The Contractor will be responsible for daily inspections to ensure proper use and disposal of materials. H. If surplus product must be disposed of, manufacturers or local/state/fedeml recommended methods for proper disposal will be followed. 1. If manufacturer recommends rinsing container before disposal, rinse water used in container will be disposed of in a manner in compliance with state and federal regulations and will not be allowed to mix with storm water discharges. 113 STORM WATER POLLUTION PREVENTION PLAN 2. Spill Prevention Practices In addition to good housekeeping, the following practices will be followed for spill Prevention and cleanup. A. Manufacturer's recommended methods for spill cleanup will be clearly posted and site personnel will be trained regarding these procedures and the location ofthe information and cleanup supplies. B. Materials and equipment necessary for spill cleanup will be kept in the material storage area onsite in spill control and containment kit (containing, for example, absorbent such as kitty litter or sawdust, acid neutralizing powder, brooms, dust pans, mops, rags, gloves, goggles, plastic and metal trash containers, etc.). C. All spills will be cleaned up immediately after discovery. D. The spill area will be kept well ventilated, and personnel will wear appropriate protective clothing to prevent injury from contact with the hazardous substances. CONTROL OF ALLOWABLE NON-STORMWATER DISCHARGES: Certain types of discharges are allowable under the U.S. Environmental Protection Agency General Permit for Construction Activity, and it is the intent of this SWPPP to allow such discharges. These types of discharges will be allowed under the conditions that no pollutants will be allowed to come in contact with the water prior to or after its discharge. The control measures, which have been outlined previously in this SWPPP, will be strictly followed to ensure that no contamination of these non -storm water discharges takes place. The following allowable non - storm water discharges that may occur from the job site include: A. Discharges from firefighting activities. B. Fire hydrant flushing. C. Waters used to wash vehicles or control dust to minimize offsite sediment tracking. D. Potable water sources such as waterline flushing and irrigation drainage from watering vegetation. E. Pavement wash waters where spills or leaks of hazardous materials have not occurred, or detergents have not been used. F. Springs and other uncontaminated groundwater, including dewatering ground water infiltration. G. Foundation or footing drains where no contamination with process materials such as solvents is present. 114 SECTION 3 Erosion Control Plan Sheets (ECPS) - See Sheet 11 of Drawings NRCS Soil Map 115 NRCS soil map Platte county, Missouri (Mo165) Platte County, Missouri (MO165) Map Acres Percentof Unit Map Unit Name In AOI Am Symbol 36031 Nodaway silt 0.9 48.3% loam, 0 to 2 percent slopes, frequently Flooded 36087 Nodaway slit 1.0 51.7% loam, 1 to 3 percent slopes, frequently Flooded Totals for Area of 1.9 100.0% Interest 116 SECTION 4 Inspection Report Form Record of Stabilization and Major Activities Form SWPPP Modification Report Form Project Rainfall Log Form 117 STORM WATER POLLUTION PREVENTION PLAN Line Creek Trail Connector City of Riverside 2950NW Vivion Rd Riverside, MO 64150 Inspection Does Inspector have Required Training? Y N Date & Amount of Last Rainfall: Condition nC Construction Entrances: Acceptable Not Acceptable N/A Drop Inlet Protection: Acceptable Not Acceptable N/A Curb Inlet Protection: Acceptable Not Acceptable N/A Culvert Inlet Protection: Acceptable Not Acceptable N/A Outlet Stabilization: Acceptable Not Acceptable N/A Diversions & Slope Drains: Acceptable Not Acceptable N/A Stream Crossings: Acceptable Not Acceptable N/A Slope Breaks: Acceptable Not Acceptable N/A Sediment Basins: Acceptable Not Acceptable N/A Sediment Traps: Acceptable Not Acceptable N/A Check Dams: Acceptable Not Acceptable N/A Erosion Control Blankets: Acceptable Not Acceptable N/A Temporary Seeding: Acceptable Not Acceptable N/A Permanent Seeding: Acceptable Not Acceptable N/A Surface Roughening: Acceptable Not Acceptable N/A Dust Control: Acceptable Not Acceptable N/A Maintenance Required for Deficiencies Identified: To Be Completed By: Within 7 Calendar Days, On or Before: 1202 _ These reports shall be kept on file as part of the Stonn Water Pollution Prevention Plan for at least three years from the date of completion and submission of the Final Stabilization Certification/Termination Checklist and Request for Termination of a General Permit. A copy of the S W PPP shall be always available during construction, on the construction site, or pre -approved ofY site location. 118 STORM WATER POLLUTION PREVENTION PLAN City of Riverside 2950 NW Vivion Rd Riverside, MO 64150 A record of dates when major grading activities occur, when construction activities temporarily or permanently cease on a portion of the site, and when stabilization measures are initiated shall be maintained until final site stabilization is achieved and the Request for Termination of a General Permit is filed. Description of Activity: Location: Contractor: Begin Date: End Date: Stabilization Method: Application Contractor: Begin Date: End Date: Stabilization Method: Application Description of. Begin Date: End Date: Stabilization Method: Application Description of Activity: Begin Date: End Date: Stabilization Method: Application Description of Activity: Begin Date: End Date: Stabilization Method: Application Date: 119 Date STORM WATER POLLUTION PREVENTION PLAN Line Creek Trail Connector City of Riverside 2950 NW Vivian Rd Riverside, MO 64150 SWPPP MODIFICATION REPORT FORM Submit To: City of Riverside Address: 2950NW Vivion Road Riverside, MO 64150 Telephone: 816-741-3993 Email: nbennion(a) iversidemo.eov Sent Via: ❑ Email ❑ Courier ❑ L S Mail Authorized Author: Title: Company: Project Role: Signature: Date: Modifications Required to the STORMWATER POLLUTION PREVENTION PLAN: Reasons for Modifications: 120 p SECTION 5 Final Stabilization Certification Checklist and Contractor's Certification 123 STORMWATER POLLUTION PREVENTION PLAN Line Creek Trail Connector City of Riverside 2950 NW Vivion Road Riverside, MO 64150 FINAL STABILIZATION CERTIFICATION CHECKLIST AND CONTRACTOR'S CERTIFICATION ❑ All soil disturbing activities are complete. ❑ Temporary Erosion and Sediment Control Measures have been removed or will be removed at the appropriate time. ❑ All areas of the Construction Site not otherwise covered by a permanent pavement or structure have been stabilized with a unifonn perennial vegetative cover with a density of 75%or equivalent measures have been employed. CONTRACTOR'S CERTIFICATION: "I certify under penalty of law that all storm water discharges associated with industrial activity from the identified project that are authorized by NPDES General Permit have been eliminated and that all disturbed areas and soils at the construction site have achieved Final Stabilization and all temporary erosion and sediment control measures have been removed or will be removed at the appropriate time." Printed Company 124 SECTION 6 Attachments Attach here all required record keeping documentation of the SWPPP 125 DIVISION 1 - GENERAL REQUIREMENTS 01015 CONTRACTOR USE OF PREMISES The Contractor shall confine all construction activities to the limits of the project right-of-way and easements. Any additional easements and access to private property that are desired outside the project limits are the responsibility of the Contractor. If the Contractor desires access to private property that is outside the project limits, the Contractor shall obtain a written agreement between the Property Owner and the Contractor and submit this written agreement to the City prior to accessing the private property. 01030 SPECIAL CONDITIONS A. Examination of the Site: Bidders may visit the site and inform themselves of all conditions presently existing. Failure to visit the site will in no way relieve the successful bidder from the necessity of furnishing all materials and performing all work required to complete the work in accordance with the specifications. B. Measurements: Any dimensions provided shall be verified by the Contractor. Any discrepancies between the specifications and the existing conditions shall be referred to the Owner for adjustment, before the work is performed. C. Protection of Monuments: The Contractor must carefully preserve bench marks, references or stakes and in case of willful or careless destruction, shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance. D. Breakage and Damage: The Contractor shall be responsible for any breakage, damage or other injury to existing or new facilities caused directly or indirectly by the Contractor's operations and shall replace, at Contractor's own expense, in a manner approved by the Owner any such broken or damaged material. E. Delivery of Materials: The delivery of all materials, equipment, and miscellaneous items entering into the construction of the work is a part of this contract, including freight and hauling charges both to and from transportation points. Payment of charges for the above items shall be made by the Contractor, except items designated as being provided by the City. An amount covering all charges for freightage and delivery of items shall be included as a part of the contract price and in no case will an extra be allowed for such charges. F. Storage of Materials: All materials delivered to thejob shall be stored so as to keep them in first class condition and free from deterioration or contamination. G. Coordination: All contractors, subcontractors and trades shall cooperate in coordination of their several works, but the principal responsibility for coordinating the project as a whole and the operations of the contractors and subcontractors shall lie with the Prime Contractor. H. Blasting: No blasting will be allowed on this project. 127 01040 COORDINATION: A. All construction activities shall be coordinated with all utility owners and the City of Riverside. Contractor shall be responsible for notifying all utility owners with facilities within the project limits prior to construction so the utilities can be located and identified. B. All construction activities shall be coordinated with adjacent property owners affected by construction of the project to assure access to their properties. Driveways to adjacent properties shall be accessible at the end of each working day. C. The Contractor will be responsible for notifying the Resident Project Representative in writing of the dates when construction will begin and end. The City will notify the school district, fire, and police departments, and the local newspapers. D. The Contractor shall be responsible for obtaining all necessary permits, and paying for any and all inspection and permit fees as required by the City. E. Proiect Coordination Meetings: In addition to the above said coordination responsibilities, the Contractor shall attend construction progress meetings with the Resident Project Representative on a monthly basis (at a minimum). Additional meetings may be held as needed. No direct payment will be made for this item but shall be considered subsidiary to other bid items. F. The Contractor shall coordinate his/her work to ensure that the Work is complete and to ensure efficient and orderly sequence of installation of construction elements. G. In the event certain parts of work are assigned to subcontractors, the Contractor shall be responsible to ensure each subcontractor completes work and that all interfaces between trades are properly addressed. All subcontractors shall also coordinate their work with the Owner through the Contractor. H. The Contractor is solely responsible for all Assignments of Work among subcontractors. 1. The Contractor shall be responsible for assigning and coordinating work and ensuring that suppliers and installers are familiar with all requirements in Contract Documents relating to each item of work, regardless of location of information in Contract Documents. 01051 CONSTRUCTION SURVEY AND STAKING A. General: This item shall be provided by the Contractor. B. Payment: Payment shall be made per lump sum on bid form. 01060 STANDARD SPECIFICATIONS AND PLANS 128 A. General: The work shall conform to the plans and contract specifications as outlined. In case of conflict, the specifications listed in this document shall take precedence over those listed in the stated Standard Specifications. B. Standard Specifications: Except where noted otherwise, the work shall conform to the latest edition of the Kansas City Metropolitan Chapter of APWA Standard Specifications and Design Criteria, Division 11 (APWA Standard Specifications) available at the following website: htto://kometro.apwa.net/chanters/kcmetro/specifications.aso. C. Standard Plans: The work shall conform to the latest edition of the Kansas City Metropolitan Chapter of APWA Standard Plans when referenced in the construction documents. The referenced APWA Standard Plans are available at the following website: ham://kcmetro.ar)wa.net/chapters/kcmetro/specifimtions.asy Other standard plans and specifications may be referred to and therefore adopted into these specifications. 01270 MEASUREMENT AND PAYMENT A. The quantities as given in the Bid Forn are not guaranteed to be the exact or total quantities required for the completion of the Work shown on the drawings and described in the specifications. Increases or decreases may be made over or under the Bid Form estimated quantities to provide for needs that are determined by the Owner during the process of the Work. Contract unit prices shall apply to such increased or decreased quantities. The Bidder is warned against unbalancing his bid, since the unit prices will apply to deductions as well as additions. The Owner has the privilege of omitting or adding to any unit items in the Bid Form. B. The Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise, on account of any difference between the amounts of Work actually performed and materials actually furnished and the estimated amounts thereof. The Owner will not pay for or be responsible for unused materials which may have been ordered by the Contractor in accordance with the estimated quantities listed in the Bid Form. C. It is the intent of the Contract Documents that all costs in connection with the Work, including furnishing of all materials, equipment, supplies and appurtenances; providing all construction plant, equipment, and tools; and performing of all necessary labor to fully complete the Work, shall be included in the unit and lump sum prices named in the Bid Form. No item of Work that is required by the Contract Documents for the proper and successful completion of the Contract will be paid for outside of or in addition to the prices submitted in the Bid Form. All Work not specifically set forth in the Bid Form as a pay item shall be considered a subsidiary obligation of the Contract, and all cost in connection therewith shall be included in the process named in the Bid Form. D. If item does not appear in the Bid Form, or if said item is a part of another item listed in the Bid Form, it will not be measured for payment. E. Whenever in the Bid Form there is a discrepancy between unit prices and extensions or totals, the unit prices will govem, and the extensions or totals will be corrected accordingly. 129 F. Items for payment will be measured in accordance with the stipulations of these specifications and as further shown on the drawings. Pay limits given are maximum, and where actual quantities of work items are less than as computed by said pay limits, the Contractor will be paid only for the actual quantities. G. Payment will be made as the sum of the following: I. Final authorized quantity of each item in the Bid Form multiplied by the contract unit price therefore. 2. Lump sum payment for each item so listed in the Bid Form, at the contract lump sum price therefore. 3. Any special payment or adjustment, plus or minus, as provided for in the Agreement. 01310 JOB SITE ADMINISTRATION A. The Contractor, or a duly authorized representative to act for the Contractor, shall continually be present at the site of the work, whenever construction activities are underway, for the duration of this project. B. The Contractor shall designate, in writing, the duly authorized representative(s) at the preconstruction meeting. The duly authorized representative(s) will be the official liaison between the Owner and Contractor regarding the signing of pay estimates, change orders, workday reports and other forms necessary for communication and project status inquiries. Upon project commencement, the Owner shall be notified, in writing, within five (5) working days of any changes in the Contractor's mpresentative(s). A. General: The Contractor shall prepare and maintain a construction schedule for the duration of the project. B. Baseline Schedule: The Contractor shall prepare a baseline schedule to be presented to the Owner for review at the pre -construction meeting. The baseline construction schedule shall be in a form approved by the Owner and shall include at least the following information for each significant work item during each phase of the project: 1. Beginning date of Project. 2. Ending date of Project. 3. Beginning Date of Each Phase. 4. Completion Date of Each Phase. 5. Scheduled percentage of completion at the end of each calendar month. 6. Scheduled percentage complete for each phase at the end of each calendar month. 130 The Owner will review the proposed progress schedule, and may require the Contractor to revise the same if, in the Owners judgment, revisions are required to provide for completion of the project within the Contract Time. C. Schedule Updates: In addition to submitting a baseline project schedule, the Contractor shall update the project schedule prior to each monthly construction progress meeting. The updated schedule shall show the original baseline schedule, the actual work progress and the estimated completion of each significant work item for each phase of the project. The updated schedule shall be distributed to the City at each progress meeting. D. Payment: No direct payment shall be made. 01330 SUBMITTALS A. Shoo Drawings: A minimum of two (2) copies each of manufacturer's shop drawings and data sheets shall be submitted to the Owner indicating the necessary installation dimensions, weights, materials and performance information. The shop drawings shall be distributed as follows: One (1) copy for the City and one (1) copy for the prime Contractor. The Contractor shall supply additional copies as necessary for any subcontractors. Submittals for equipment and materials shall include reference to indicate where it is to be used; whether by tag number, specification paragraph, or description of use. Approval of shop drawings will be for conformance with the design concept of the project and for compliance with the information given in the Technical Specifications. The approval of a separate item, as such, will not indicate approval of the assembly in which the item functions. Submittals: Required submittals as noted in KCAPWA. Additional submittals include but are not limited to the following: 1.1 Utility Conduits A. Certification that all materials used comply with KCAPWA. 01410 TESTING LABORATORY SERVICES A. General: Work under this item shall consist of furnishing all materials, labor and equipment necessary for a private testing laboratory to provide the material testing for items incorporated into the project. The tests, frequency and reports required to confirm contract compliance shall be as specified in the KCAPWA Standard Specifications unless otherwise noted below: One copy of the test results shall be submitted to the Owner electronically within 24 hours of the test completion. The testing lab must be agreed upon by the Contractor and the Owner. 131 B. Payment: No direct payment shall be made. This item shall be considered subsidiary to the bid items of the materials being tested. 01524 WASTE AREA, MATERIAL STORAGE AND SITE APPEARANCE A. General: The Contractor shall make his own arrangements for material and equipment storage areas and non -soil waste area. The Contractor shall keep the site clean and free of all refuse, rubbish, scrap materials, and debris as a result of construction activities so that at all times the site of the work shall present a neat, orderly and workmanlike appearance. This includes the removal of earth and debris from streets and roads that resulted from the Contractor's activity. The Contractor shall restore the site of work and adjacent disturbed areas to the condition existing before work began as a minimum. B. Payment: No direct payment shall be made. This item shall be considered subsidiary. to the bid item, "Mobilization". 01567 POLLUTION CONTROL No open burning will be permitted. See Section 2150 of KCAPWA for erosion and sediment control, Section 2400 of KCAPWA for seeding/sodding. Contractor is responsible for maintaining and updating site specific Stormwater Pollution Prevention Plan. 01570 TEMPORARY TRAFFIC CONTROL A. General: Temporary traffic control on this project shall be done in accordance with Section 616 and all referenced sections of the Missouri Standard Specifications for Highway Construction (current edition) as published by the Missouri Highways and Transportation Commission. This section shall cover all temporary traffic control devices as detailed on the plans or as directed by the Owner in charge of construction. B. Temporary Traffic Control Devices: All temporary traffic control devices shall be in conformance with "Part 6 of the Manual on Uniform Traffic Control Devices (MUTCD)," Current Edition and its latest revisions. C. Payment: No direct payment shall be made. 01732 DEMOLITION & SITE PREPARATION A. General: This item includes, but is not limited to, the removal and disposal of landscaping items, signs, fences, pipes, existing storm sewers, end sections and appurtenances, and all other items 132 designated for removal in the plans or as directed by the City Engineer. All items that are inside the construction limits, including those not listed or shown on the plans, shall be included in this item. Demolition shall be done in accordance with Section 2101 of the APWA Standard Specifications. Sawcut Existing Pavement Full Dew Where portions of the existing pavement are to be removed, the existing pavement shall be cut with a concrete saw to full depth. If the remaining pavement is chipped or cracked during sawing and removal, it shall be re - sawed behind the limits of the chip or crack. No additional payment will be made for the replacement of pavement damaged during construction other than that shown on the plans. B. Workmanship: All removals, except for suitably sized broken pavement, shall be properly discarded off the project limits and shall not be re -used or used as an embankment material within the project limits. C. Payment: Payment will be made at the contract unit bid price. 01800 ENVIRONMENTAL AND HISTORICAL PROTECTION A. General: Funding for this project is partially provided by a Recreational Trails Program Grant. Due to these funds being provided through the Federal Highway Administration, certain project requirements must be met. 1. Tree removal: No trees shall be removed from June 1 - July 31, the summer roosting season for Northern Long-eared Bat. No trees shall be removed from April 1 — October 31, the no felling period for Indiana Bat. The April 1 — October 31 timeframe will also protect Monarch butterflies during their migration. 2. Bald Eagle: Be alert for Bald Eagle nests within 1500 meters of project activities. If a nest is sited, Contractor shall follow the federal guidelines at this website: https://www.fws.gov/story/do-i-need-eagle-takc-t)emit. 3. Pallid Sturgeon: Contractor shall not conduct in -stream work that disturbs substrate between March 15 — June 15. 4. Prevent Invasive Species Spread: i) Remove any mud, soil, trash, plants or animals from equipment before leaving any water body or work area. ii) Drain water from boats and machinery that has operated in water, checking motor cavities, live -well, bilge and transom wells, tracks, buckets, and any other water reservoirs. iii) When possible, wash and rinse equipment thoroughly with hard spray or HOT water (>140° F, typically available at do-it-yourself car wash sites), and dry in the hot sun before using again. 133 iv) Equipment initially brought to the project site should be clean. Contractor shall inspect all equipment prior to it entering the site to ensure there is no plant debris or seeds from noxious weeds being spread by the equipment. For information about controlling noxious weeds, see the Missouri Department of Agriculture's website at httus://agriculture.mogov/plants/nests/noxiousweeds.i)ho. 5. Protect Streams and Rivers: Care should be taken to keep machinery out of the waterway as much as possible. Work should also be conducted during low flow periods when possible. If temporary in -channel fill is required to construct this project, Contractor shall not restrict or interrupt natural stream flow. Culverts of sufficient size should be employed to avoid water impoundment and allow for fish passage. This project is authorized under Nationwide Permits 42 and 13. All requirements of these permits shall be met. 6. Historical and Cultural Resource Protection: If cultural materials are encountered during project activities, all construction shall be halted. Notify the City of Riverside and we will contact the State Historic Preservation Office for further consultation. Payment No direct payment shall be made. This item shall be considered subsidiary. 134 DIVISION 2 - SITEWORK 135 02820 SEEDING AND MULCH TYPE A. General: Contractor shall seed all disturbed areas in accordance with APWA Standard Specifications Section 2401. B. Seed Mix: Required seed mix shall comply with Seeding Mix #1 (Turf Areas) from KCAPWA Section 2401.2.A.I. C. Mulch Type: Required mulch shall comply with Vegetative Type (cereal straw) from KCAPWA Section 2401.2.C.1. D. Payment Direct payment will be made by unit price. 02923 TOPSOIL MATERIAL AND APPLICATION PART1-GENERAL 1.1 SECTION INCLUDES A. Final grade topsoil for turf areas. 1.2 RELATED SECTIONS A. Section 02820 — Seeding & Mulch Type PART2-PRODUCTS 2.1 MATERIAL A. Topsoil: On -site topsoil shall be used for turf areas. All topsoil shall be ASTM D5268, natural, friable, fertile, fine, loamy soil possessing characteristics of representative topsoil in the vicinity that produces heavy growth to the satisfaction and approval of the Owner's Representative. It shall not have a mixture of subsoil and contain no slag, cinders, stones, lumps of soil, sticks, roots, trash or other extraneous materials larger than 1-1/2 inches in diameter. Topsoil must also be free of plants or plant parts of common bemnuda-grass,johnsongrass, nutsedge, poison ivy, canada thistle, or others as specified. 1. No plant material shall be planted in soil that has been chemically treated until sufficient time has elapsed to permit dissipation of all toxic materials. The Contractor shall assume full responsibility for any loss or damage to the plants arising from improper use of chemicals or due to his failure to allow sufficient time to permit dissipation of toxic residues, whether or not such materials are specified herein. PART 3- EXECUTION 3.1 EXAMINATION 136 A. Before all work in this Section, carefully inspect the installed work of all other trades and verify that all such work is complete to the point where this installation may properly commence. 1. In case of discrepancy, immediately notify the Owner's Representative. 2. Do not proceed with installation in areas of discrepancy until all such discrepancies have been fully resolved. B. Verify substrate base has been contoured and compacted. C. Weeds that have emerged or persisted shall be removed or eradicated with an acceptable post - emergent herbicide that is approved in writing by the Owner's Representative. D. The Contractor shall verify that all turf areas to receive topsoil have been graded to a minimum slope of 2%before beginning work of this section. E. The Contractor acknowledges his acceptance of previous related work at the time he proceeds with the work of this specification Section. 3.2 SUBSTRATE PREPARATION A. Scarify subgrade to a minimum depth of 4-inches where topsoil is scheduled. Scarify in areas where equipment is used for hauling and spreading topsoil and has compacted subsoil. B. Remove stones, sticks, debris, roots, branches, and other extraneous matter measuring over 1-1/2 inches in any dimension. C. Eliminate uneven areas and low spots. D. Limit preparation to areas that will be planted promptly after preparation. 3.3 PLACING TOPSOIL A. Place topsoil in turf areas at the minimum thickness indicated in the schedule on Page 02923-3. 1. Spread topsoil to minimum depth required to meet lines, grades, and elevations shown, after light rolling and natural settlement. Rake until smooth. 2. Place approximately %, the total amount of topsoil required. Work into top of loosened subgrade to create a transition layer and then place remainder of planting soil. B. Topsoil shall not be placed while in a frozen or muddy condition, when the subgrade is excessively wet, or in a condition that may otherwise be detrimental to proper grading. C. Fine grade topsoil eliminating rough or low areas. Maintain profiles and contour of subgrade. D. Remove roots, weeds, rocks and foreign material while spreading. E. Compact placed topsoil to 85 percent standard proctor density. F. Remove surplus subsoil from the site. Surplus topsoil shall be wasted on the site at a location designated by the Owner's Representative. 137 G. Leave stockpile area and site clean and raked, ready to receive seeding. Stockpile area shall be a location designated by the Owner's Representative. 3.4 GRADING A. Finish Grading: The finishing of side slopes, cuts and fills shall be to smooth uniform surfaces that will merge with the adjacent terrain without noticeable break. Finishing shall be done according to grades shown on the drawings and without variations that me readily discernible. B. Finish grading shall be done to the lines and grades shown on the drawings. All areas disturbed by the Contractor during construction operations shall be bladed smooth, shaped, and compacted as specified hereinbefore. 3.5 TOLERANCES A. Top of Lawn Area Topsoil: Provide final grades within a tolerance of 1.5-inches when tested with a 10-foot straightedge. B. Repair rills and gulleys made by rainfall and runoff. 3.6 PROTECTION A. Protect turf areas and other features remaining as final work. B. Protect existing trees, structures, fences, sidewalks, utilities, paving and curbs. 3.7 SCHEDULES A. Compacted topsoil thickness at the following areas: 1. Turf areas: 6 inches. 3.8 CLEAN UP A. After the topsoil has been spread and the final grades approved, the site shall be cleared of all grade stakes, surface trash and other objects that would hinder planting and/or maintenance of seeding. Paved areas over which hauling operations are conducted shall be kept clean, and any soil that may be brought upon the surfacing shall be promptly removed. The wheels of all vehicles shall be kept clean to avoid tracking soil on the surfacing of roads or other paved areas. 3.9 OBSERVATION AND ACCEPTANCE A. The Owner's Representative will, upon minimum 48 hours notification in writing, make a site visit to determine acceptability of work. Acceptance shall be given, by the Owner's Representative, upon satisfactory completion of the work indicated on the drawings and as specified in this section. B. When the observed work does not comply with the aforementioned requirements, replace rejected work. 3.10 PAYMENT 138 A. No direct payment will be made. END OF SECTION 03132 GEOTECHNICAL DATA A. General: Reference the attached Geotechnical Report from Alpha Omega dated 3/11/2021. B. Payment: No direct payment will be made. 05120 STEEL PEDESTRIAN BRIDGE & LOAD BEARING PILES 1.0 GENERAL 1.1 Scope These specifications are for a fully engineered clear span bridge of steel construction and shall be regarded as minimum standards for design and construction. 2.0 GENERAL FEATURES OF DESIGN 2.1 Span Bridge span shall be 83'-0" (straight line dimension) and shall be as measured from each end of the bridge structure. 2.2 Width Bridge width shall be 10'-6" and shall be as measured from the inside face of structural elements at deck level allowing for a 10' clear width between pipe hand mils. 2.3 Bridge System Type Bridge(s) shall be designed as a Continental Connector Truss (or equal), that has one (1) diagonal per panel and plumb end vertical members. Interior vertical members may be either plumb or perpendicular to the chord faces. 2.3.1 Bridge(s) shall be designed utilizing an underhung Floor beam (top of floor beam welded to the bottom of the bottom chord) or be designed utilizing an H-Section configuration where the floor beams are placed up inside the trusses and attached to the truss verticals. 2.3.3 The top of the top chord shall not be less than 54 inches above the deck (measured from the high point of the riding surface) on bike path structures. 139 2.4 Member Components All members of the vertical trusses (top and bottom chords, verticals, and diagonals) shall be fabricated from square and/or rectangular structural steel tubing. Other structural members and bracing shall be fabricated from structural steel shapes or square and rectangular structural steel tubing. Unless the floor and fastenings are specifically designed to provide adequate lateral support to the top flange of open shape stringers (w-shapes or channels), a minimum of one stiffener shall be provided in each stringer at every floor beam location. 2.5 Attachments 2.5.1 Safety Rails Vertical safety rails or pickets shall be placed on the structure to a minimum height of 4'-6" above the deck surface. The pickets shall be spaced so as to prevent a 4" sphere from passing through the truss. Pickets may be placed on the inside or outside of the structure at the bridge fabricators option. The top of the vertical pickets shall have a continuous cap angle or some other means to prevent bridge users from cutting or scraping their hands. The picket safety system shall be designed for an infill loading of 200 pounds, applied horizontally at right angles, to a one square foot area at any point in the system. 2.5.3 Toe Plate The bridge shall be supplied with a steel toe plate mounted to the inside face of both trusses. The toe plate shall be a minimum of 4 inches high. Toe plating will be welded to the truss members at a height adequate to provide a 2" gap between the bottom of the plate and the top of the deck or the top of the bottom chord, whichever is higher. The span of unstiffened flat toe plating (from center to center of supports) shall not exceed 5'-8" 2.5.5 Rubrails The bridge will be supplied with a IN 5-1/2" (actual size) naturally durable hardwood 1pe (Tabebuia Spp Lapacho Group) mbrail. Rubmil shall be partially air dried to a moisture content of 15%to 20%, shall be supplied S4S (surfaced four sides), E4E (eased four edges), with the edges eased to a radius of 1/8". Measured at 30% moisture content, the width and thickness shall not vary from specified dimensions by more than ± 0.04 inches. Ends of each piece shall be sealed with "Anchorseal" Mobil CER-M or an equal aquious wax log sealer. Rubrails shall be attached flush to the inside face of the bridge truss verticals and fastened with two carriage bolts at each support location. The span of the rubtail from centerline to centerline of support shall not exceed 6'-6". 140 The top of the rubrail shall be 4'-6" above the top of the deck (measured at the outside edge of the deck). 2.5.2 Pipe Handrails Not required as part of this project. 2.6 Camber The bridge shall have a vertical camber dimension at midspan equal to 100% of the full dead load deflection, as to not produce deck slopes at any point on the bridge greater than 2.00%. 2.7 Elevation Difference The bridge abutments shall be constructed at the same elevation on both ends of the bridge. 2.8 Tethering The bridge shall be tethered at each abutment with a minimum 3/4" diameter steel braided cable in order to withstand stream forces. 3.0. ENGINEERING Structural design of the bridge structure(s) shall be performed by or under the direct supervision of a licensed professional engineer and done in accordance with recognized engineering practices and principles. The engineer shall be licensed to practice in the State of MiaSOurl 3.1 Design Loads In considering design and fabrication issues, this structure shall be assumed to be statically loaded. No dynamic analysis shall be required nor shall fabrication issues typically considered for dynamically loaded structures be considered for this bridge. 3.1.1 Dead Load The bridge structure shall be designed considering its own dead load (superstructure and original decking) only. No additional dead loading need be considered. 3.1.2 Uniform Live Load 3.1.2.1 Pedestrian Live Load Main Members: Main supporting members, including girders, trusses and arches shall be designed for a pedestrian live load of 90 pounds per square foot 141 of bridge walkway area. 3.1.3 Concentrated Loads 3.1.3.3 A 10,000 pound four wheeled vehicle with the appropriate wheelbase, tire track and tire print area as shown in the following diagram: (See Table I for the values corresponding to the selected vehicle.) INSIDE OF TRUSS MEMBERS OR CURB � � U Ti DIRECTION F BRIDGE SPAN P" WB Pr REAR !� mI FRONT Vehicle Axle and Wheel Spaciruzs Front Wheels Rear Wheels Weight WB T PF L W PR L W C� 4,000# 48" 32" 1,0009 2.0" 5.0" 1,000# 2.0" 6,000# 66" 48" 1,500# 2.5" 6.0" 1,500# 2.5" 8,000# 102" 60" 1,600# 3.0" 8.0" 2,400# 3.0" 10,000# 120" 72" 1,000# 3.5" 8.5" 4,000# 3.5" ('C is the minimum dimension from center of wheel to the inside face of truss or curb. ) TABLE All of the concentrated or wheel loads shall be placed so as to produce the maximum stress in each member being analyzed. Critical stresses need be calculated assuming there is only one vehicle on the bridge at any given time. Assumptions that vehicles only travel down the center of the bridge or that the vehicle load is a uniform line load will not be allowed. 142 Each four wheeled vehicle load listed in Table I, up to and including the maximum weight vehicle selected, must be used in determining critical deck stresses. The wheel distribution for deck design shall be as specified in Section 4.3.1. Stringers shall be designed for the applied wheel loads assuming no lateral load distribution to adjacent stringers. A vehicle impact allowance is not required. 3.1.4 Wind Load 3.1.4.1 Horizontal Forces The bridge(s) shall be designed for a wind load of 35 pounds per square foot on the full vertical projected area of the bridge as if enclosed. The wind load shall be applied horizontally at right angles to the longitudinal axis of the structure. The wind loading shall be considered both in the design of the lateral load bracing system and in the design of the truss vertical members, Floor beams and their connections. 3.1.4.2 Overturning Forces The effect of forces tending to overturn structures shall be calculated assuming that the wind direction is at right angles to the longitudinal axis of the structure. In addition, an upward force shall be applied at the windward quarter point of the transverse superstructure width. This force shall be 20 pounds per square foot of deck. 3.1.5 Stream Load The bridge shall be designed for Meet of water over bridge deck and 6 feet per second. 3.1.6 Top Chord/Railing Loads The top chord, truss verticals, and Floor beams shall be designed for lateral wind loads (per section 3.1.4.1) and for any loads required to provide top chord stability as outlined in Section 3.3.6; however, in no case shall the load be less than 50 pounds per lineal foot or a 200 pound point load, whichever produces greater stresses, applied in any direction at any point along the top chord or at the top of the safety system (42" or 54" above deck level), if higher than the top chord. 3.1.7 Load Combinations The loads listed herein shall be considered to act in the following combinations, whichever produce the most unfavorable effects on the bridge superstructure or structural member concerned. 143 [DL=Dead Load; LL = Live Load; WL = Wind Load; VEH = Vehicle Load] DL+LL DL + VEH DL+WL DL+LL+.3WL DL+VEH+.3 WL NOTE:For service load design, the percentage of the basic unit stress used for each combination shall be in accordance with table 3.22.1 A of the AASHTO "Standard Specifications for Highway Bridges". It shall be the responsibility of the foundation engineer to determine any additional loads (i.e. earth pressure, stream force on abutments, wind loads other than those applied perpendicular to the long axis of the bridge, etc.) and load combinations required for design of the abutments. 3.2 Design Limitations 3.2.1 Deflection 3.2.1.1 Vertical Deflection The vertical deflection of the main trusses due to service pedestrian live load shall not exceed 11500 of the span. The vertical deflection of cantilever spans of the structure due to service pedestrian live load shall not exceed 1/300 of the cantilever arm length. The deflection of the floor system members (floor beams and stringers) due to service pedestrian live load shall not exceed 1/360 of their respective spans. The service pedestrian live load shall be 85 PSF, reduced in accordance with Section 3.1.2.1, but should in no case be less than 65 PSF for deflection checks. Deflection limits due to occasional vehicular traffic shall not be considered. 3.2.1.2 Horizontal Deflection The horizontal deflection of the structure due to lateral wind loads shall not exceed 1/500 of the span under an 85 MPH (25 PSF) wind load. 3.2.2 Minimum Thickness of Metal The minimum thickness of all structural steel members shall be 1/4" nominal and be in accordance with the AISC Manual of Steel Constructions"'Standard Mill Practice 144 Guidelines". For ASTM A500 and ASTM A847 tubing, the section properties used for design shall be per the Steel Tube Institute of North America's Hollow Structural Sections "Dimensions and Section Properties". 3.3 Governing Design Codes / References Structural members shall be designed in accordance with recognized engineering practices and principles as follows: 3.3.1 Structural Steel AASHTO LRFD American Association of State Highway and Transportation Officials (AASHTO). Latest Pedestrian Guide Specifications for Pedestrian Bridges. 3.3.2 Welded Tubular Connections American National Standards Institute / American Welding Society (ANSI/AWS) and the Canadian Institute of Steel Construction (CISC). All welded tubular connections shall be checked, when within applicable limits, for the limiting failure modes outlined in the ANSUAWS DLL Structural Welding Code or in accordance with the "Design Guide for Hollow Structural Section Connections" as published by the Canadian Institute of Steel Construction (CISC). When outside the "validity range" defined in these design guidelines, the following limit states or failure modes must be checked: * Chord face plastification * Punching shear (through main member face) * Material failure - Tension failure of the web member - Local buckling of a compression web member * Weld failure - Allowable stress based on "effective lengths" - "Ultimate" capacity * Local buckling of a main member face * Main member failure: - Web or sidewall yielding - Web or sidewall crippling - Web or sidewall buckling - Overall shear failure All tubular joints shall be plain unstiffened joints (made without the use of reinforcing plates) except as follows: 145 • Floor beams hung beneath the lower chord of the structure may be constructed with or without stiffener (or gusset) plates, as required by design. • Floor beams which frame directly into the truss verticals (H-Section bridges) may be designed with or without end stiffening plates as required by design. • Where chords, end floor beams and in high profiles the top end struts weld to the end verticals, the end verticals (or connections) may require stiffening to transfer the forces from these members into the end vertical. • Truss vertical to chord connections. NOTE: The effects of fabrication tolerances shall be accounted for in the design of the structure. Special attention shall be given to the actual fit -up gap at welded truss joints. 3.3.4 Wood American Institute of Timber Construction (AITC), the U.S. Forest Products Laboratory, and the American Forest & Paper Association (AF&PA). Sawn lumber shall be designed in accordance with the ANSI/AF&PA NDS, "National Design Standard for Wood Construction", as published by the American Forest & Paper Association or the "Timber Construction Manual" as published by the American Institute of Timber Construction (AITC). Design properties for naturally durable hardwoods shall be in accordance with "Tropical Timbers of the World", as published by the U.S. Forest Products Laboratory. 3.3.6 Top Chord Stability Structural Stability Research Council (SSRC), formerly Column Research Council. The top chord shall be considered as a column with elastic lateral supports at the panel points. The critical buckling force of the column, so determined, shall exceed the maximum force from dead load and live load (uniform or vehicular) in any panel of the top chord by not less than 50 percent for parallel chord truss bridges or 100 percent for bowstring bridges. The design approach to prevent top chord buckling shall be as outlined by E.C. Holt's research work in conjunction with the Column Research Council on the stability of the top chord of a half -through truss. See Appendix A for the calculation of the spring constant C and the determination of an appropriate K factor for out -of -plane buckling. In addition, for the dead load plus vehicle load combination, the spring constant "C" furnished by the transverse "U-Frames" shall not be less than "C" required as defined by: 146 C required = I A6 P L where P� is the maximum top chord compression due to dead load plus the vehicle load times the appropriate safety factor (1.5 for parallel chord truss bridges or 2.0 for bowstring bridges) and L is the length in inches of one truss panel or bay. For uniformly loaded bridges, the vertical truss members, the Floor beams and their connections (transverse frames) shall be proportioned to resist a lateral force of not less than I A 00k times the top chord compressive load, but not less than .004 times that top chord load, applied at the top chord panel points of each truss. The top chord load is determined by using the larger top chord axial force in the members on either side of the "U-frame" being analyzed. For end frames, the same concept applies except the transverse force is I%of the axial load in the end post member. For bridges with vehicle loads, the lateral force applied at the top chord elevation for design of the transverse frames shall not be less than 1 % of the top chord compression due to dead load plus any vehicle loading. The bending forces in the transverse frames, as determined above, act in conjunction with all forces produced by the actual bridge loads as determined by an appropriate analysis which assumes that the Floor beams are "fixed' to the trusses at each end. NOTE: The effects of three dimensional loading (including "U-frame" requirements) shall be considered in the design of the structure. The "U-frame" forces shall be added to the forces derived from a three dimensional analysis of the bridge. 4.0 MATERIALS 4.1 Steel 4.1.1 Unpainted Weathering Steel Bridges which are not to be painted shall be fabricated from high strength, low alloy, atmospheric corrosion resistant ASTM A847 cold -formed welded square and rectangular tubing and/or ASTM A588, or ASTM A242, ASTM A606 plate and structural steel shapes (Fy = 50,000 psi). The minimum corrosion index of atmospheric corrosion resistant steel, as determined in accordance with ASTM G101, shall be 6.0. 4.3 Decking 4.3.1 Treated Fir Decking 4.3.1.1 Wood decking shall he Select Structural Fir planks (Minimum Fb=1,450 psi). Decking to be treated to AWPA standards. Preservative utilized shall be Alkaline Copper Quatemary (ACQ). Decking shall be treated to a total 147 absorption of 0.40 pounds per cubic foot of wood or to refusal. 4.3.1.2 Wood Decking Attachment At time of installation, planks are to be placed tight together with no gaps. • Every plank must be attached with at least one fastener at each end. 'All fasteners to be zinc plated. Self -tapping screws or hex -head bolts, with a steel plank holddown, are to be used at the ends of planks. Self - tapping screws or carriage bolts are to be used as interior connection fasteners when required. Power actuated fasteners will not be allowed. • Planks are to be drilled prior to installation of bolts and/or screws. • In addition to at least one fastener at each end of every plank (typical for all installations), planks for bridges with widths of 72" to 143" shall be attached with a minimum of two fasteners at a location approximately near the center of the bridge width. Bridges wider than 143" are to have two fasteners located at a minimum of two interior stringer locations, approximately at the third points of the bridge width. NOTE: Attachments at the ends of the planks may be modified as required when obstructions, such as interior safety system elements, prevent installation of the specified holddown system. 5.0 WELDING 5.1 Welding Welding and weld procedure qualification tests shall conform to the provisions of ANSVAWS DLI "Structural Welding Code", 1996 Edition. Filler metal shall be in accordance with the applicable AWS Filler Metal Specification (i.e. AWS A 5.28 for the GMAW Process). For exposed, bare, unpainted applications of corrosion resistant steels (i.e. ASTM A588 and A847), the filler metal shall be in accordance with AWS DI.1, Section 3.7.3. 5.2 Welders Welders shall be properly accredited operators, each of whom shall submit certification of satisfactorily passing AWS standard qualification tests for all positions with unlimited thickness of base metal, have a minimum of 6 months experience in welding tubular structures and have demonstrated the ability to make uniform sound welds of the type required. 148 6.0 SUBMITTALS 6.1 Submittal Drawings Schematic drawings and diagrams shall be submitted to the customer for their review after receipt of order. Submittal drawings shall be unique drawings, prepared to illustrate the specific portion of the work to be done. All relative design information such as member sizes, bridge reactions, and general notes shall be clearly specified on the drawings. Drawings shall have cross referenced details and sheet numbers. All drawings shall be signed and sealed by a Professional Engineer who is licensed in accordance with Section 3.0. 6.2 Structural Calculations Structural calculations for the bridge superstructure shall be submitted by the bridge manufacturer and reviewed by the approving engineer. All calculations shall be signed and sealed by a Professional Engineer who is licensed in accordance with Section 3.0. The calculations shall include all design information necessary to determine the structural adequacy of the bridge. The calculations shall include the following: • All AASHTO allowable stress checks for axial, bending and shear forces in the critical member of each truss member type (i.e. top chord, bottom chord, floor beam, vertical, etc.). • Checks for the critical connection failure modes for each truss member type (i.e. vertical, diagonal, floor beam, etc.). Special attention shall be given to all welded tube on tube connections (see section 3.3.2 for design check requirements). • All bolted splice connections. • Main truss deflection checks. • U-Frame stiffness checks (used to determine K factors for out -of -plane buckling of the top chord) for all half through or "pony" truss bridges. • Deck design. NOTE: The analysis and design of triangulated truss bridges shall account for moments induced in members due tojoint fixity where applicable. Moments due to both truss deflection and joint eccentricity must be considered. 6.3 Welder certifications in compliance with AWS standard qualification tests. 6.4 Welding procedures in compliance with Section 5.1. 7.0 FABRICATION 149 7.1 General Requirements 7.1.1 Drain Holes When the collection of water inside a structural tube is a possibility, either during construction or during service, the tube shall be provided with a drain hole at its lowest point to let water out. 7.1.2 Welds Special attention shall be given to developing sufficient weld throats on tubular members. Fillet weld details shall he in accordance with AWS Dl.1, Section 3.9 (See AWS Figure 3.2). Unless determined otherwise by testing, the loss factor `Z" for heel welds shall be in accordance with AWS Table 2.8. Fillet welds which run onto the radius of a tube shall be built up to obtain the full throat thickness (See Figure 7.1). The maximum root openings of fillet welds shall not exceed 3/16" in conformance with AWS DI.1, Section 5.22. Weld size or effective throat dimensions shall be increased in accordance with this same section when applicable (i.e. fit -up gaps> 1116"). RADIUS OF TUBE TO BE BUILT UP IN ORDI TO OBTAIN FULL WE THROAT THICKNESS FIGURE 7.1 BUILD UP RADIUS WELD The fabricator shall have verified that the throat thickness of partial joint penetration groove welds (primarily matched edge welds or the flare -bevel -groove welds on underhung floor beams) shall be obtainable with their fit -up and weld procedures. Matched edge welds shall be "flushed' out when required to obtain the full throat or branch member wall thickness. For full penetration butt welds of tubular members, the backing material shall be fabricated prior to installation in the tube so as to be continuous around the full tube perimeter, including comers. Backing may be of four types: 150 • A "box" welded up from four (4) plates + Two "channel" sections, bent to fit the inside radius of the tube, welded together with full penetration welds. + A smaller tube section which slides inside the spliced tube. * A solid plate cut to fit the inside radius of the tube. Comers of the "box" backing, made from four plates, shall be welded and ground to match the inside comer radii of the chords. The solid plate option shall require a weep hole either in the chord wall above the "high side" of the plate or in the plate itself. In all types of backing, the minimum fit -up tolerances for backing must be maintained at the corners of the tubes as well as across the "flats". 7.2 Quality Certification Bridge(s) shall be fabricated by a fabricator who is currently certified by the American Institute of Steel Construction to have the personnel, organization, experience, capability, and commitment to produce fabricated structural steel for the category "Major Steel Bridges" as set forth in the AISC Certification Program with Fracture Critical Endorsement. Quality control shall be in accordance with procedures outlined for AISC certification. For painted structures, the fabricator must hold a "Sophisticated Paint Endorsement" as set forth in the AISC certification program. Furthermore, the bridge(s) shall be fabricated in a facility owned and/or leased by the corporate owner of the manufacturer, and fully dedicated to bridge manufacturing. 8.0 FINISHING 8.1 Blast Cleaning 8.1.1 Bare applications of enhanced corrosion resistant steels. All Blast Cleaning shall be done in a dedicated OSHA approved indoor facility owned and operated by the bridge fabricator. Blast operations shall use Best Management Practices and exercise environmentally friendly blast media recovery systems. To aid in providing a uniformly "weathered" appearance, all exposed surfaces of steel shall be blast cleaned in accordance with Steel Structures Painting Council Surface Preparation Specifications No. 7 Brush -Off Blast Cleaning, SSPC-SP7 latest edition. Exposed surfaces of steel shall be defined as those surfaces seen from the deck and from outside of the structure. Stringers, floor beams, lower brace diagonals and the inside face of the truss below deck and bottom face of the bottom chord shall not be blasted. 151 9.0 DELIVERY AND ERECTION Delivery is made to a location nearest the site which is easily accessible to normal over -the - road tractor/trailer equipment. All trucks delivering bridge materials will need to be unloaded at the time of arrival. The manufacturer will provide detailed, written instruction in the proper lifting procedures and splicing procedures (if required). The method and sequence of erection shall be the responsibility of others. The bridge manufacturer shall provide written inspection and maintenance procedures to be followed by the bridge owner. 10.0 BEARINGS 10.1 Bearing Devices Bridge bearings shall consist of a steel setting or slide plate placed on the abutment or grout pad. The bridge bearing plate which is welded to the bridge structure shall hear on this setting plate. One end of the bridge will be fixed by fully tightening the nuts on the anchor bolts at that end. The opposite end will have finger tight only nuts to allow movement under thermal expansion or contraction. The bridge bearings shall sit in a recessed pocket on the concrete abutment. Minimum 28- day strength for the abutment concrete shall be 3,000 PSI. The bearing seat shall be a minimum of 16" wide. The step height (from bottom of bearing to top -of -deck) shall be determined by the bridge manufacturer. Bridges in excess of 100 feet in length or bridges with dead load reactions of 15,000 pounds or more (at each bearing location) shall have teflon on teflon or stainless steel on teflon slide bearings placed between the bridge bearing plate and the setting plate. The top slide plate shall be large enough to cover the lower teflon slide surface at both temperature extremes. 11.0 FOUNDATIONS Unless specified otherwise, the bridge manufacturer shall determine the number, diameter, minimum grade and finish of all anchor bolts. The anchor bolts shall be designed to resist all horizontal and uplift forces to he transferred by the superstructure to the supporting foundations. Engineering design of the bridge supporting foundations (abutment, pier, bracket and/or footings), including design of anchor bolt embedments, shall be the responsibility of the foundation engineer. The contractor shall provide all materials for (including anchor bolts) and construction of the bridge supporting foundations. The contractor shall install the anchor bolts in accordance with the manufacturer's anchor bolt spacing dimensions. Information as to bridge support reactions and anchor bolt locations will be furnished by the bridge manufacturer after receipt of order and after the bridge design is complete. 152 12.0 WARRANTY The bridge manufacturer shall warrant that it can convey good title to the goods, that they are free of liens and encumbrances and that their steel structure(s) are free of design, material and workmanship defects for a period of ten years from the date of delivery. Durable hardwood decking and hardwood attachments shall carry a ten-year warranty against not, termite damage or fungal decay. Other types of wood and decking material such as Southern Yellow Pine, Douglas Fir and composites carry no warranty. There are no warranties, expressed or implied with respect to structures sold hereunder which are used, supplied for use or made available for use in any nuclear application of which bridge manufacturer has not been notified in writing at the time of order of the structure(s). This warranty shall not cover defects in the bridge caused by abuse, misuse, overloading, accident, improper installation, maintenance, alteration or any other cause not expressly warranted. This warranty does not cover damage resulting from or relating to the use of any kind of de-icing material. This warranty shall be void unless owner's records are supplied which show compliance with the minimum guidelines specified in the "Recommendations for the Inspection and Maintenance of Steadfast Vehicular Steel Bridges and Continental Pedestrian Steel Bridges," attached hereto and incorporated herein by this reference. Repair, replacement or adjustment, at the sole discretion of the bridge manufacturer, shall be the exclusive remedy for defects under this warranty. Under no circumstances shall the bridge manufacturer be liable for any consequential or incidental damages. Any claim under this warranty shall be made promptly and directly to CONTECH Bridge Solutions Inc who shall have the option, at its sole discretion, to repair, replace or adjust any covered defect without charge to the original purchaser. SELLER MAKES NO OTHER WARRANTY WHATSOEVER, EXPRESS OR IMPLIED. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND ALL IMPLIED WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE ARE DISCLAIMED BY SELLER AND EXCLUDED FROM THIS CONTRACT STRUCTURAL STEEL PILES FOR PEDESTRIAN BRIDGES: General The work of this project shall be performed in accordance with the "Missouri Standard Specifications for Highway Construction' English Edition, dated 2019 as amended or supplemented herein. Materials will be accepted on the basis of certification of structural steel compliance and substantiating test reports famished by manufacturers and/or fabricators. Field testing will be performed by the consultant according to the requirements of the current Local Public Agency Manual, provided by the Missouri Highway & Transportation Commission. 153 DIVISION 700 STRUCTURES SECTION 702 — LOAD -BEARING PILES Delete Section 702.1 in its entirety and substitute the following: 702.1 Description. This work shall consist of furnishing and driving concrete and steel load -bearing piles to the bearing and penetration required, at the location shown on the plans. 702.3.1 Driving Equipment. In the fourth sentence, change the words "nominal axial compressive resistances" to "bearing values". Section 702.3.5 Hammer Energy.; Delete (b) in the table for Structural Steel and substitute the following: (b) 22511-lb/ton times the design bearing value in tons, divided by the pile batter factor, B, if applicable. Delete Section 702.4.10 in its entirety and substitute the following: 702.4.10 Dynamic Bearing Formula. The following formulas shall be used as a guide to determine the safe hearing value of piles when other methods of determination are not specified in the contract documents: Single acting Hammers. P= 2WH 2W' (5+0.1) x (W+w) Double acting hammers and diesel P = 2E 2W' powered hammers with enclosed rams (5+0.1) x (W+w) and bounce pressure gauges All other diesel powered hammers P = 2(0.75E) 2W' unless tested as specified in Sec. 702.3.1. (5+0.1) x (W+w) 'The value of 2W shall be considered one if 2W exceeds W+w. (W+w) P = safe allowable hearing value in pounds. W = weight of striking part of hammer in pounds. w = weight of pile and mandrel in pounds. H = height of fall in feet. E = manufacturer's rated energy in foot-pounds per blow at manufacturer's rated speed, or in case of a diesel hammer equipped with a bounce pressure gauge the actual energy shown by the gauge chart. S = average penetration in inches per blow for 10 to 20 consecutive blows, measured along the pile 154 batter, if applicable. Delete Section 702.4.10.2 in its entirety and substitute the following 702.4.10.2 For piles driven to a batter, the safe allowable bearing value, P, in the equations provided in Sec 702.4.10 shall be divided by the pile batter factor, B, in order to calculate the value of S, the average penetration per blow. B=0.1 (10-m), pile batter factor (1+m') m=the tangent of the angle of batter to a vertical line Delete Section 702.4.11 in its entirety and substitute the following 702.4.11 Minimum and Maximum Limits of Pile Driving. Piles shall be driven to at least the minimum tip elevation indicated on the plans. If no minimum tip elevation is shown on the plans, piles shall have a tip elevation at least 10 feet below the bottom of the supported footing, unless specifically authorized otherwise by the engineer. Piles other than structural steel piles shall be driven to attain a bearing value no less than that shown on the plans, determined in accordance with Sec 702.4.10. Structural steel piles shall in general be driven to practical refusal, which will be defined as a pile bearing value of 1.9 times the design bearing value. Prior to driving structural steel piles, the contractor shall review the boring logs to determine conditions of practical refusal. When indication of practical refusal occurs, driving shall cease immediately to avoid damage to the pile and to reduce the risk of injury. Shells for cast -in -place concrete piles shall not be driven to a bearing value in excess of 10 tons over the design bearing value. Delete Section 702.6.6 in its entirety and substitute the following: 702.6.6 Splices. Splices may be required to extend a structural steel or steel shell pile to reach the minimum design bearing. Any additional splices authorized to achieve the minimum design bearing will be paid for as an additional 8 feet of pile in place at the contract unit price. 13.0 PAYMENT Direct payment will be made by unit price. 155