Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
R-2024-042 Awarding the Bid for the Gatewoods Flood Benching and Approving the Agreement Between the City and Bellante, LLC
RESOLUTION NO. R-2024-042 A RESOLUTION AWARDING THE BID FOR THE GATEWOODS FLOOD BENCHING AND APPROVING THE AGREEMENT BETWEEN THE CITY AND BELLANTE, LLC FOR SUCH PROJECT WHEREAS, the City issued a request for bids for the construction of improvements for the Gatewoods Flood Benching (Project No. 538-024) ("Project"); and WHEREAS, the City received three (3) responses to its request for bid and the proposal submitted Bellante, LLC in the amount of$146,210.00 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 Bellante, LLC 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 Bellante, LLC for the Gatewoods Flood Benching in the amount of $146,210.00 is hereby accepted and approved; and FURTHER THAT an agreement by and between the City of Riverside and Bellante, LLC 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 and APPROVED by the Mayor of the City of Riverside Missouri the 16th day of April, 2024. t Kat en L. Rose, Ma r ATT ,-- ---- ••• : ' --At-e___.,t.-e—e0. - Robin'Kincaid,. ity Clerk EXHIBIT "A" Gatewoods Flood Benching - Project Manual PROJECT MANUAL GATEWOODS FLOOD BENCHING PROJECT NO: 538-024 The City of Riverside, Missouri March 18, 2024 TABLE OF CONTENTS DIVISION 0 - BIDDING AND CONTRACT DOCUMENTS ADVERTISEMENT FOR BIDS INFORMATION FOR BIDDERS BID FOR UNIT PRICE CONTRACT BID FORM BID BOND EXPERIENCE QUESTIONAIRE AFFIDAVIT for WORK AUTHORIZATION AGREEMENT EXHIBIT A PERFORMANCE BOND EXHIBIT B PAYMENT BOND EXHIBIT C MAINTENANCE BOND EXHIBIT D STATE PREVAILING WAGE RATES (MISSOURI) EXHIBIT E TIME FOR COMPLETION EXHIBIT F SCOPE OF WORK EXHIBIT G TECHNICAL SPECIFICATIONS EXHIBIT H NOTICE TO PROCEED EXHIBIT I EXAMPLE - APPLICATION FOR PAYMENT FORM EXHIBIT J EXAMPLE -CHANGE ORDER FORM EXHIBIT K CERTIFICATE OF SUBSTANTIAL COMPLETION EXHIBIT L AFFIDAVIT OF COMPLIANCE WITH THE PREVAILING WAGE LAW EXHIBIT M ANTI-DISCRIMINATION AGAINST ISRAEL ACT CERTIFICATION EXHIBIT N CONTRACTOR AFFIDAVIT FOR FINAL PAYMENT EXHIBIT 0 SUBCONTRACTOR AFFIDAVIT FOR FINAL PAYMENT EXHIBIT P ENGINEER/CONSULT. CERT. for Acceptance& Final Payment SPECIFICATIONS DIVISION 1 —GENERAL REQUIREMENTS Section Description 01015 CONTRACTOR USE OF PREMISES 01030 SPECIAL CONDITIONS 01040 COORDINATION 01060 STANDARD SPECIFICATIONS AND PLANS 01270 MEASUREMENT AND PAYMENT 01310 JOB SITE ADMINISTRATION 01320 CONSTRUCTION SCHEDULE 01524 WASTE AREA, MATERIAL STORAGE AND SITE APPEARANCE 01567 POLLUTION CONTROL DIVISION 2—SITEWORK Section Description 02230 CLEARING AND GRUBBING 02350 EROSION AND SEDIMENT CONTROL 02820 SEEDING DIVISION 0 - BIDDING AND CONTRACT DOCUMENTS CITY OF RIVERSIDE,MISSOURI ADVERTISEMENT FOR BIDS Separate sealed bids for the GATEWOODS FLOOD BENCHING (Project No. 538-024) will be received by the City Clerk at Riverside City Hall, 2950 NW Vivion Road, Riverside, Missouri until 10:00 A.M., on Thursday, April 11,2024, and then publicly opened and read aloud 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 also be obtained at the above city hall address. The Information for bidders and advertisement can be viewed on the City of Riverside's website https://www.riversidemo.gov/bids. The City reserves the right to waive any informality or to reject any or all bids. Dated: March 18,2024 5 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 GATEWOODS FLOOD BENCHING (Project No.538-024) 1. Receipt and Opening 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 April 11,2024,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"GATEWOODS FLOOD BENCHING (Project No. 538-024)"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. Reserved. 3.Rejection 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)Affidavit of Work Authorization with E-Verify attached(2 pages) (3)Bid Bond (4)Bid Form All blank spaces for bid prices must be filled in, in ink or typewritten, and the foregoing Certifications must 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 or on the City of Riverside's website http://www.riversidemo.com/rfps. A copy the bidding documents may be obtained from Riverside City Hall,Telephone 816-741-3993. 6 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 must 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: Resident Project Representative,City of Riverside: Travis Hoover:thoover@riversidemo.gov and to be given consideration must be received by 5pm on April 5's,2024. 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 mailed by the fastest delivery method available via registered mail or overnight delivery, and may also be mailed electronically or faxed to all prospective bidders recorded as having received the Bid Documents,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 part 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. 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. 7 8. Qualifications of Bidder(Experience Questionnaire). 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 must contain evidence of bidder's qualification and good standing to 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 to 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 as outlined in the Information to Bidders' concerning Bidder's participation in the federal work authorization program. 8 • 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. Liquidated Damages 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 by 05/30/2024.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 furnish 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 having jurisdiction over construction of the project shall apply to the contract throughout,and they will be deemed to 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. 9 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 furnish 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 to 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. Obligation 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 to the site to conduct such investigations and tests as each Bidder deems necessary for submission of his bid. 16. Federal Work Authorization Program Participation. 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); 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. 18. Safety Standards and Accident Prevention. With respect to all work performed under this contract, the Contractor shall: 10 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 the job site,all articles necessary for giving first aid to the injured,and shall make arrangements for the immediate removal to a hospital or a doctor's care of persons(including employees),who may be injured on the job site. d. 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. Reserved. 21. American Products. Pursuant to RSMo 34.353,any manufactured good or commodities 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 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 11 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 to 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 Best'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 authorization 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. 12 BID FOR UNIT PRICE To: City of Riverside,Missouri Project: GATEWOODS FLOOD BENCHING Project No. 538-024 Date Proposal of (hereinafter called "Bidder") a corporation/partnership/individual/or other entity organized and existing under the laws of the State of , a corporation/partnership/ or individual doing business as 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 by 05/30/2024 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$500 per day is a fair and reasonable approximation of the actual damages incurred by the City for the Bidder's failure to complete the project within the time outlined above and that such liquidated damages in this section are not penal in nature but rather the parties' attempt to fairly quantify the actual damages incurred by the City for such delays. Bidder acknowledges receipt of the following addendum(s): Bidder agrees to perform all of the project work described in the scope of work, for the unit prices contained in the attached Bid for Unit Price attached hereto. The total bid amount is: ($ 13 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 Dollars ($ ) 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. Respectfully submitted: (SEAL-if bid is by a corporation) By Name: Title: Street: City, State,Zip: Phone: 14 BID FOR UNIT PRICE To: City of Riverside,Missouri Project: GATEWOODS FLOOD BENCHING Project No. 538-024 Date April 8, 2024 Proposal of Bellante,LLC (hereinafter called "Bidder") a corporation/partnership/individual/or other entity organized and existing under the laws of the State of Missouri a corporation/partnership/ or individual doing business as Bellante,LLC 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 by 05/30/2024 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 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. Bidder acknowledges receipt of the following addendum(s): n/a 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: ($138,183.00 ) 13 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 Seven Thousand Five Hundred Dollars (S 7,500.00 ) 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. Respectfully submitted: (SEAL-if bid is by a corporation) By KlAi � Name: r Title: 111.€yGyt" Street: I'6 AAV etina I4/ f s 1— City,State,Zip: & A.W Otile4 _ 1tOf 9c of ? Phone: fI'4 t,s 3 7 7 7 14 BID FORM BID FOR UNIT PRICE CONTRACTS (Pricing) CONTRACTOR: Qe4(*irk- 4 C GATEWOODS FLOOD BENCHING(PROJECT NO.538-024) ITEM NO. BID ITEM DESCRIPTION Q,STTI;. UNIT UNIT PRICE PRICE EXTENSION a 1 Mobilization 1 LS 61.E 2 Clearing&Grubbing 1 LS i 6,aura 3 Temporary Entrance I LS 7r16.50 4 Excavation 6300 CY a 4,51 _lai $104,454.00 5 Straw Wattles 1000 LF sµ,6-6 'f o� ,So $4,060.00 6 Seed&Straw 1.5 AC 6 3 3 33.3.3 Sams 413,4?3 ,"'a TOTAL BID $146,210.50 Item NO. 3 Per 01270 Measurement and • Includes culvert for crossing and gravel for track out area. Payment, Paragraph E: Whenever in the Bid Form there is a Item NO.4 discrepancy between unit prices and • Excavation to be hauled to NW Deconick Rd extensions or totals, the unit prices will govern, and the extensions or totals will be corrected accordingly. Item NO. 5 • Straw Wattles to be installed along Jumping Branch during Excavation. Item NO. 6 • All disturbed areas to be fescue seeded and straw crimped into soil. All Items must be completed by May 30,2024 15 BID BOND (Bid Security) KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, Bellante LLC as PRINCIPAL and United Casualty and Surety Insurance Company as SURETY, are held and firmly bound unto the City of Riverside, Missouri, ("City") in the sum of Seven Thousand Five Hundred and NO/100 Dollars ($ 7,500.00 ) ("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 April 11th , 20�4 . to enter into a contract in writing for the GATF.,WOODS FLOOD BENCHING (Project No. 538-024); 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 he 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. 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. Bellante LLC PRINCIPAL By:_ (Signatu ) Printed Name: Ken Parker Title: Member Date: April I 1 th,2024 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. United Casualty and Surety Insurance Company SUR By By: (Signature) Printed Name: Zachary R. Bradley Title: Attorney-in-fact Date: April I I th,2024 SURETY POWER OF ATTORNEY MUST BE ATTACHED 17 ElUNITED CASUALTY AND SURETY INSURANCE COMPANY US Casualty and Surety Insurance Company United Surety Insurance Company POWER OF ATTORNEY Agenry No: 171384 KNOW ALL MEN BY THESE PRESENTS:That United Casualty and Surety Insurance Company,a corporation of the State of Nebraska,and US Casualty and Surety insurance Company and United Surety Insurance Company,assumed names of United Casualty and Surety Insurance Company(collectively,the Companies),do by these presents make,constitute and appoint: Zachary R.Bradley its true and lawful Attorneyls.in-Fact,each in their separate capacity if more than one is named above,with full power and authority hereby conferred in its name, place and stead,to execute,acknowledge and deliver any and all bonds,recognizances,undertakings or other Instruments or contracts of suretyship to Include riders,amendments,and consents of surety,providing the bond penalty does not exceed Three_MIlllon Five Hundred Thousand&00/100 Dollars l S3.500.000.00 1,This Power of Attorney shall expire without further action on December 31",2024, This Power of Attorney is granted under and by authority of the following resolutions adopted by the Board of Directors of the Companies at a meeting duly called and held on the 1"day of July,1993: Resolved that the President,Tteasuref,or Secretary be and they are hereby authorized and empowered to appoint Attorney imFact of the Company,In its name and as Its acts to execute and acknowledge for and on its behalf as Surety any and ell bonds,recognirances,contracts of Indemnity,waivers of citation and alT other writings obligatory in the nature thereof,with power to attach thereto the seal of the Company Any such writings so executed by such AttomeyIn-Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected Officers of the Company In their own proper persons. That the signature of any officer authorized by Resolutions of this Board and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond,undertaking,recognizance or other written obligation in the nature thereof;such signature end seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF,the Companies have caused this Instrument to be signed and their corporate seals to be hereunto affixed,this 5th day of July,2022 UNITED CASUALTY AND SURETY INSURANCE COMPANY �;%""N"''"ti x o iiw�•., ;�»:�w4c; US Casualty and Surety Insurance Company zf` _ «?� United Surety Insurance Company : � • `: - . is SEAL IVEAL tS `SEAL ,� a� - / F„ r.ems_ Michael T.Poach,Treasurer Corporate Seals Commonwealth of Massachusetts County of Middlesex ss: On this 5th day of July,2022 ,before me,Colleen A.Cochrane,a notary public,personally appeared,Michael T.Pasch,Treasurer of United Casualty and Surety Insurance Company,US Casualty and Surety Insurance Company and United Surety Insurance Company,who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same In his authorized capacity,and that by his signature on the instrument the personlsl,or the entity on behalf of which the personls)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Commonwealth of Massachusetts that the foregoing paragraph is true and correct. WITNESS my hand and seal. rr COLLEEN a COCHRANE ( t r•, _ Q (Seal) , '�5' Notary Public,Commonwealth of Massachusetts Notary Public Co mission Expires:10/27/2026 My Commission Expires 1012712028 I,Robert F.Thomas,President of United Casualty and Surety Insurance Company,US Casualty and Surety Insurance Company and United Surety Insurance Company do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Companies,which is still in full force and effect, furthermore,the resolutions of the Board of Directors,Set out in the Power of Attorney are in full force and effect In Witness Whereof,I have hereunto set my hand and affixed the Teals of said Companies at Newton,Massachusetts this April 11 kit,2024 Corporate Seals '", Y 4/ . ���044:iV ua, tif • c . '' i Robert F.Thomas,President TO CONFIRM AUTHENTICITY OF THIS BOND OR DOCUMENT EMAIL:CONFIRMBONO[atUNITEDCASUALTY.COM EXPERIENCE OUESTIONNAIRE (To be completed by each Bidder and submitted with Bid) FAILURE TO COMPLETE THIS FORM WILL RESULT IN THE REJECTION OF THE BID. etc, e Pgior, (Company Name) (Primary Contact Name) 1 eta 6 AAV e!r w� vAt+ A- GrA,Nov V (GY A40. 9 0 9' (Address) (City,State,Zip Code) %IL- acs-37y/ e e.!ltiffeL' e (Phone Number) (Fax Number) (E-mail) Federal ID Number: t Ia Sdi7 I$ ' or SSN: (Check all that apply) ❑ General Contracting m Earthwork ❑ Other: l Grading ❑ Paving ❑ Other ()� Erosion Control ❑ Other: ❑ Other: Name of State(s)in which incorporated: 4i,;50W'1 Date(s)of incorporation: LQ11 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: C 13 3 3$'v 4 Date: a1/id/4 Name of the following officers: K PArk r (President's Name) (Vice-President's Name) ©rMvrv� Grew P k-0 (Secretary's Name) (Treasurer's Name) Date of Organization: af/li a-o( Type of Partnership: General )( Limited Association 18 Project Name or City fit2(r5 Cree-V, Sub 0Nr5--t 8 tve-SR'%LYj At°. Contact Name el`+^) IPN'1W Phone 34- 711 -446'4 Contract Amount$ per—• When Complkd 01-0->00` 4"� SQL OiYiSrwt/ L Description of Work 34 �" a i exeAmoer, G44.), S ANew`j 5e W Irt S-t't m 5` .'-C" a !-Y r 'ti9�4v- k�Yerj LV�S WC, act*. .^ , -P 1 5. What other important projects has your Company completed? Project Name or City .M-AI�tAirAG '7314.1{gralbsivtott Contact Name VANA 'L+/ 110 � Phone SA 404 Contract Amount$ taiLrarrcl - When Completed? 'tr" ' Description of Work Project Name or City TAM tM - OAP t 8l uc 5 1 S /mil ll Contact Name ,-T WYN kw5 Phone ?$S " 74 Y Contract Amount$ 35t'f When Completed? Shr g Description of Work Stk. Sty i Buvi- Pfi�, ' TAN"k-6 i Ste' -S / 14444ei'f r(teDln c,,\w mac, tit S Ti viii +LS /` il-441 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: f 6-1.441 131,441 eitraisev C freA reINC—fi's tgel5 Es$ echo I y1-4,4 .to etwi,wi 40-7a3 -- S o 20 Names and addresses of all partners(use additional sheet if necessary): J{4J PAAer trl 5w M.wty Ccc s /14o, kg c-2? (Name) (Address) (City,State,Zip) (Name) (Address) (City,State,Zip) I. How many years has your Company been in business as a contractor under your present business name? 6' 3 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: DeMA,r4t ei,h,ethf 1_4 C 3. How many years'experience in the proposed type and size of construction work has your Company had: (a)as a general contractor ;(b)as a subcontractor ? 4. List the three most recent projects your Company has completed similar in scope to the proposed work: MArs►Lr,4-ll rtco. Project Name or City !M b 101k Fi4J i- /le-} (A*i/ dt SAtey Contact Name Cho'cr,( UN4-e/tQiAti/' Phone 66°' - $'26 " 710t5 Contract Amount$ 3 51 i When Completed?_` oti 9- Description of Work 6w 11 W}-ll ti . S'* 29 d 5 C€'c " t7/ iw W1 Sio,hsv fgLI)r Project Name or City t' iM' 4'l mr(lJelAa44 rtit 0 Contact Name ba l' 44.0 S1e---wskA) Phone 'WI Sin 7 /7 7 Contract Amount$ 6 t}SQ,c'O When Completed? 1db-3fa Description of Work Q "/f 5 Fie- 9J.- pal , S,MA I S i M/f a_ c ,tc r1W , i I it Retcic,we +ivvk/ 4056-v'ce i *form d tr .'v, l 19 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: Bra(7? c113 -yg-7- I -(5.7 Cdv-,5r sop,fy 9. What is your present bonding capacity? INciiyucni 10. List each and every incidence of failure to perform that resulted in a claim under a Performance or Payment Bond: No 1 1. The construction experience of the Key Personnel in your Company is required. At a minimum, information regarding experience and qualifications of the following positions must be provided: GC Project Manager,On-Site Field Superintendent,QC/QA Manager,Safety Officer. NAME VA, BitiW Position a V3r+ t; Years of construction experience: 3 a* " 8,sC°4/3 r'r'v A'6444414' f'lc" Magnitude&Type of Work 544 am v'w 11°-s:Dr- ( BNMy G 4 e t € AA4 - a✓t►J .- {k In What Capacity? 04444i' 42.44hrrIPt1 AV A'1444,4rN C ” Years of Employment with Contractor: le- Other projects this individual will be involved with concurrently with'this project: tee- n1+r6 d z4 C � ow 0ri "3 Education, professional registrations, certifications and credentials held by individual applicable to the Project: BS. [W+F Avvv. 'wwt- 9 i s L / 44 30 1 fJ ( sit-r`et V- 21 NAME 61AM 5 Position And, Years of construction experience: M-C- 8-frui Magnitude&Type of Work In What Capacity? I-° - fIrt-1 ta evet4ritir/ Aos-ice'ivad Years of Employment with Contractor: s Other projects this individual will be involved with concurrently with this project: I f Proms ;,S f Iktei4 Uritrk hew,11 k Tite. ,%wich7' Education,professional registrations,certifications and credentials held by individual applicable to the Project: Wet $c.4.dv[ o/A- l0 . Tim Sit-Pie44. NAME FA4All. DTW6fif AJ t. Position s/` / 1v115 aJ Years of construction experience: 0 Magnitude&Type of Work Fray-- / S14 b Sf d Sri°t/' In What Capacity? l'(- C(4-1 f Sn',, $cc L y / sue✓Ca,v&1' Years of Employment with Contractor: Other projects this individual will bq involved with concurrently with this project: if P, 4 * t tfe- wet' y e Thee 1 . t,.v av•-r 'S ed Education,professional registrations, certifications and credentials held by individual applicable to the Project: fir IS $ckari o$NA le . TTR" "- S*-Fe4-1, 22 12. List the major items of equipment which you own or which will be used on the project: Quantity.Description.&Capacity Age in Years Condition C I' DS M o2-, 06'0 Y Okt s rl<t ar C 163 c. rt* irn. S U 1 etT` Ba 3 WT T 3g-o s�,Tp ,� 9-crtr7 fivee/lit:-i-- Mci T Flo go di ,V N- _New COMA 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 unresol ed): v.at 6cvld v r P,t d u ) 0 17 14. On a typical project,what percent of the work is completed by your own forces? 11'0 % What percent by subcontract? %. List subcontractors you propose to use on this project and their responsibility in this contract. Subcontractor Name Contract Responsibility %of Contract (1) Cd-R reek-e F C;wdtw 049 5 TO �crI 6o144"; Atmod hp dip%reahAlza Ayp. • Ertk--1S 6 --73 9I) Address State Zip Phone Number (2) i AIN( frVt ,/y kw M c BGAPrici. 6,044tel /to ft/4 -gee- VP Address State Zip Phone Number (3) Address State Zip Phone Number (4) Address State Zip Phone Number (5) Address State Zip Phone Number 15. Is your Company current on payment of Federal and State income tax withholdings and unemployment insurance payments? Yes . sys7 Swf Pit-rivevt ,tiv' Wes, 23 If the answer is no,please provide detail: I %vs timaty ci.v 0-tkv,d t"'e 6-1,44-(4711 " 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? . If the answer is yes,please provide detail: 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? Nb . If the answer is yes,please provide the detail of each and every such notice: The undersigned hereby authorizes and requests any person, firm, or corporation to furnish 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 I day of A,AJYt/ 2029. By: 7MC" Name: k'{'v P&P"-- , Title /'1X4110" State of /l1.I55aciA ) )ss County of tt5a1✓ ) BEFORE ME,the undersigned notary,personally appeared ► e-v POP" who being duly sworn,deposes and says that he or she is the /h,m1g.1,— of ectikvie L1.C ,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 t day of itiWI ,20 2-97 iL/ , f atit ,-, My commission expires: q_7__.z,. Notary Public 24 PAMELA BURSON Notary Public-Notary Seal STATE OF MISSOURI Jackson County My Commission Expires:09/02/2025 • Commission# 144258S3 .$44 i '` _r vj._"-i?,./f.' ,/ ..Y vy' ,� ,.v*,-.: "s%1)k r i/jam,•5,:5,. *. t,,5,....,,/•.EA.:Ii, s,)-A/,�%//�f i y 6 �7 '%-' / -are •t1S1Hf Y 113 111 t fly, ' 1 ; 11 - , = �r'�f =:ill� ,, �� -'+ IUTA+AIy,z't1 f'_i it tit :� 1 i=ff41•.- 11 •fj, f �. TE MISSO tj4y i ...AA, . , Srr _,......,,, . . ........e . gECRET44rrr �� i i , / iiit . John R. Ashcroft '' Secretary of State , CORPORATION DIVISION '"s 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 f -'� Rd/ante LLC ` ; __ LC1383854 icy r ,, Y was created under the laws of this State on the 10th day of March,2014,and is active, having fully = . ,y complied with all requirements of this office. , }'•''�« s ,•., IN TESTIMONY WHEREOF,I hereunto set my hand and �.� -[' j-{E St�1` j'`i cause to be affixed the GREAT SEAL of the State of ? O - *i*** l' .4 n f Missouri.Done at the City of Jefferson, this 8th day of .. * *** *** i % F44a i April, 2024. � 7. 16r- ,,,,� .,.„.....„.„ : ...., - . ,, r, ','' :„ .., ,.„ . ,, ,.......:,........, 3 _j eeretarry* Q #T S �l�� 04 ev V � ' ` am } Certification Number:CERT-04082024-006I a • . - ...} , .. . '.i ! f �t1f ! ' ., 4 , ,t< „,.„. y� • 4f `w `6 .,,.1r, Y x� i e„ :, EVenly f-VI WWY IS A SERVICE Of DNS AM SSA Company ID Number: 2419187 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 bellante Ilc (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.RESPONSIBILITIESOF 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. Page 1 of 17 E-Verify MOU for Employers Revision Date 06/01/13 EVenly .n..� KM. Company ID Number: 2419187 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-Verify. 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 Form 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 888-464-4218. b. If 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. 8. The Employer agrees that,although it participates in E-Verify,the Employer has a responsibility to complete, retain,and make available for inspection Forms 1-9 that relate to its employees,or from other requirements of applicable regulations or laws, including the obligation to comply with the anti- discrimination requirements of section 274B of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti-discrimination provision 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-Verify 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 nonconfirmation;(4) If the Employer continues to employ an employee after receiving a final nonconfirmation,then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verify s £writ ISA SEINIQ Of OIKANOSA Company ID Number: 2419187 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 I-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 will 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 III 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 if they choose to contest the finding,while their case is still pending. Further,when employees contest a tentative nonconfirmation 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(l))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 Page 3 of 17 E-Verify MOU for Employers Revision Date 06/01/13 EVenly Company ID Number: 2419187 (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 274B 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 or 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 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. 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-Verify@uscis.dhs.gov. 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 governed 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 Page 4 of 17 [-Verify MOU for Employers I Revision Date 06/01/13 _f en W 6AfulLICLYFAIIaAww Company ID Number: 2419187 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 DHS/USCIS (see M-795(Web)) and,other than pursuant to the specific terms of such license,may not be used in any manner that might imply that the Employer's 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-Verify 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-Verify MOU for Employers Revision Date 06/01/13 E-Verify .,[1tIiVISASEIIIIKE Of 11011,410 o. Company ID Number: 2419187 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 initiated 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 procedures 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: i. That Form 1-9 is complete (including the SSN) and complies with Article II.A.6, ii. 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: i. The Employer cannot determine that Form 1-9 complies with Article II.A.6, ii. 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-Verify MOU for Employers Revision Date 06/01/13 EVenly St ,c,, E-flflFS if A SEfYKE Of OMSAMR SMA Company ID Number: 2419187 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 nonconfirmation to the employer. Note: If an Employer experiences technical problems,or has a policy question,the employer should contact E-Verify at 1-888-464-4218. 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 of 17 E-Verify MOU for Employers Revision Date 06/01/13 E-Verify 0,4.„„ E.YEMEY K♦SE_YKE Of DNS flO SSA Company ID Number: 2419187 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-Verify. 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 Employer's 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. 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures)confirmation or tentative nonconfirmation 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. ARTICLEIII REFERRALOFINDIVIDUALSTOSSAAND 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 case. Page 8 of 17 [-Verify MOU for Employers I Revision Date 06/01/13 EVenly .o� a 1-SE311416Owa,a Of MS MOSS Company ID Number: 2419187 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 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 Government 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 nonconfirmation. 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 of 17 E-Verify MOU for Employers Revision Date 06/01/13 E_v erg .o. - vo „,, £fl*M!6•faun Of OM ON OY Company ID Number: 2419187 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 nonconfirmations,generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation 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 case results,the Employer agrees to check the E-Verify 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 ANDTERMINATION 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 10 of 17 E-Verify MOU for Employers Revision Date 06/01/13 6 EVenly ;r�.UhhC` LMEOISl 6 A SEIVK[OF 016 AAD SA Company ID Number: 2419187 B.TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify 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 or 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 procedural,enforceable at law by any third party against the United States,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 claim 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. Page 11 of 17 E-Verify MOU for Employers Revision Date 06/01/13 E_ver_f g Vir s`LL47 E-MAIM na sEMICE Of AMMO MA Company ID Number: 2419187 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,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 DHS respectively.The Employer understands that any inaccurate statement, representation,data or other information provided to DHS 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 MOU for Employers I Revision Date 06/01/13 EVenly 6,.os Company ID Number: 2419187 Approved by: Employer bellante Ilc Name(Please Type or Print) Title ken w parker Signature Date Electronically Signed 04/03/2024 Department of Homeland Security-Verification Division Name(Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 04/03/2024 Page 13 of 17 E-Verify MOU for Employers Revision Date 06/01/13 E-Verify E WEFT 63 SEOMIQ 6T OM A_S. Company ID Number: 2419187 Information Required for the E-Verify Program Information relating to your Company: bellante Ilc Company Name 1406 nw broadway st grain valley, MO 64029 Company Facility Address Company Alternate Address County or Parish JACKSON Employer Identification Number 465047184 North American Industry 237 Classification Systems Code Parent Company Number of Employees 1 to 4 Number of Sites Verified for 1 site(s) Page 14 of 17 E-Verify MOU for Employers Revision Date 06/01/13 E_ve rgidly y Company ID Number: 2419187 Are you verifying for more than 1 site?If yes, please provide the number of sites verified for in each State: MO 1 Page 15 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 _f erg 6 � .� f-vr[icv IS SE/VKL of DNS MID SSA Company ID Number: 2419187 Information relating to the Program Administrator(s)for your Company on policy questions or operational problems: Name ken w parker Phone Number 8162153799 Fax Email kenbellantellc.com Page 16 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 ��ghv ,:t.SEC!,. E VIC"'VS A SESYKE Of SMSIE!Si- Company ID Number: 2419187 This list represents the first 20 Program Administrators listed for this company. Page 17 of 17 E-Verify MOU for Employers 1 Revision Date 06/01/13 AFFIDAVIT for WORK AUTHORIZATION (as required by Section 285.530,Revised Statutes of Missouri) As used in this Affidavit,the following terms shall have the following meanings: EMPLOYEE:Any person performing work or service of any kind or character for hire within the State of Missouri. FEDERAL WORK AUTHORIZATION PROGRAM: Any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, under the Immigration Reform and Control Act of 1986(IRCA),P.L.99-603. KNOWINGLY:A person acts knowingly or with knowledge,(a)with respect to the person's conduct or to attendant circumstances when the person is aware of the nature of the person's conduct or that those circumstances exist;or (b)with respect to a result of the person's conduct when the person is aware that the person's conduct is practically certain to cause that result. UNAUTHORIZED ALIEN:An alien who does not have the legal right or authorization under federal law to work in the United States,as defined in 8 U.S.C. 1324a(h0(3). State of 44>,50114‘ ) County of S>+ e", de, ) ss: BEFORE ME, the undersigned notary, personally appeared I< l 4 , who, being duly sworn,states on his/her oath or affirmationmp as follows: 1.My name is 1`N' and I am currently the At V of lig!*Ark. 1—Lr (hereinafter "Contractor"), whose business address is ,and I am authorized to make this Affidavit. 2.I am of sound mind and capable of making this Affidavit,and am personally acquainted with the facts stated herein. 3.Contractor is enrolled in and participates in a federal work authorization program with respect to the employees working in connection with the following services contracted between Contractor and the City of Riverside: GATEWOODS FLOOD BENCHING(Project No.538-024). 4.Contractor does not knowingly employ any person who is an unauthorized alien in connection with the contracted services set forth above. 5.Attached hereto is documentation affirming Contractor's enrollment and participation in a federal work authorization program with respect to the employees working in connect" t the contracted services. Further,Affiant sayeth not. Signature of Affiank p � Printed Name: !" Subscribed and sworn to before me this % day oS NWT ,20 A /&t, vs Notary Public *PLEASE NOTE: Acceptable enrollment and participation documentation consists of the following 2 pages of the E-Verify Memorandum of Understanding: (l)a valid,completed copy of the first page identifying the Contractor;and (2)a valid copy of the signature page completed and signed by the Contractor,and the Department of Homeland Security—Verification. • PAMELA BURSON Notary Public-Notary Seal 2 STATE OF MISSOURI Jackson County My Commission Expires:09/022025 Commission# 14425883 AGREEMENT BETWEEN CITY OF RIVERSIDE, MISSOURI AND Contractor: Bellante, LLC FOR COMPLETION OF GATEWOODS FLOOD BENCHING Project No. 538-024 RESOLUTION NO.: 2024- CONTRACT PRICE: $146,210.50 26 AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR GATEWOODS FLOOD BENCHING Project No: 538-024 THIS AGREEMENT, made and entered into as of the 16th day of April, 2024, by and between the City of Riverside, Missouri ("City"), and Bellante, LLC("Contractor"), shall govern all Work to be provided by Contractor for City on the Project. WHEREAS, City, under the provisions of Resolution No. 2024- , duly approved on the 16th day of April,2024 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. 27 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. "Notice to Proceed"has the meaning set forth in Article IV,Paragraph A ofthis Agreement. I. "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. J. "Resident Project Representative"means the following employee of the City of Riverside who shall manage the Project on behalf of the City: Travis Hoover -thoover@n,riversidemo.gov 816- 372-9004. K. "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. L. "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. M. "Work"or"Work on the Project"means work to be performed at the location of the 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 F (Scope of Work) and Exhibit G (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 H 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. 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. 28 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 One Hundred Forty-Six Thousand Two Hundred Ten Dollars and Fifty Cents ($146,210.50). 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, 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 29 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 05/30/2024. 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$500.00per day,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 day 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 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 30 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 Paragraph 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 fix 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 or an extension of the contract time, or both,directly attributable to any suspension I. DRAWINGS AND SPECIFICATIONS. The intent of the drawings and specifications is 31 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 to a chattel mortgage or under a conditional sale contract or other agreement by which an interest is retained by the seller. 32 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 furnish 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 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. 33 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 VII. 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 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 34 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. AFFIDAVIT OF WORK AUTHORIZATION 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 I I. TIME FOR COMPLETION 12. SCOPE OF WORK 13. TECHNICAL SPECIFICATIONS 14. NOTICE TO PROCEED 15. APPLICATION FOR PAYMENT FORM 16. CHANGE ORDER FORM 17. CERTIFICATE FOR SUBSTANTIAL COMPLETION 18. AFFIDAVIT OF COMPLIANCE WITH THE PREVAILING WAGE LAW 35 19. ANTI-DISCRIMINATION AGAINST ISRAEL ACT CERTIFICATION 20. CONTRACTOR AFFIDAVIT FOR FINAL PAYMENT 21. SUBCONTRACTOR AFFIDAVIT FOR FINAL PAYMENT 22. ENGINEER/CONSULTANT CERTIFICATE for Acceptance& Final Payment 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 I (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, 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 36 retainage until final completion and acceptance of the Work. The five percent (5%) 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 P. 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. I. 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, 37 5. 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: 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. 38 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: 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 39 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. 3. 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 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 40 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 form 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. 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. 41 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 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, 42 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 firm 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 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: Travis Hoover Name: Ken Parker 43 2950 NW Vivion Rd. Title: President City of Riverside, MO Street Address: 1406 NW Broadway Unit A Riverside, MO 64150 City, State Zip: Grain Valley, MO 64029 thoover@riversidemo.gov Email:ken@bellantellc.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 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 be 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 44 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 for all Work executed. 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 unperformed Work. If a termination by City of Contractor's right to proceed on the ground of default by Contractor is determined 45 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. Army 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. 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 D 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 L 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 46 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. 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 47 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. 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 48 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 of the City, delay would cause serious loss or damage, repairs and replacement of defects in the Work and damage 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 provision 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 49 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 performance 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 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 exercise 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 50 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 of the 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 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 XXVIII 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, PAYMENT,AND MAINTENANCE BONDS The Contractor shall within ten (10) days after the receipt of the Notice of Award furnish the City with a Performance Bond and Payment Bond in forms set forth in Exhibits A and B in an amount 51 at least equal to one hundred percent(100%)of the contract price,conditioned upon the performance by the Contractor all undertakings,covenants,terms,conditions and agreements of the 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. Contractor shall provide a maintenance bond in accordance with Exhibit C and in an amount equal to 50%of the cost of the Work, which shall be in effect for a term of two (2) years from the date that the Owner issues a certificate of substantial completion for such improvement covered by the bond, conditioned upon the faithful performance of the provisions,terms and conditions of this contract. The maintenance bond shall name the Owner as an oblige. 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. 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 DISPUTES/ATTORNEY 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. 52 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. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 53 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives. APPROVED AS TO FORM: ATTORNEY: By: P Attorney, Ptk1[ A, C o inA ¶ o COUNTERSIGNED BY: CITY PURCHASING AGENT: By: Bria . I oral City Administrator CITY OF RIVERSIDE: By: J)f 1 Kat le L. Rose, Mayor ATTE T: Robin Kincaid,City Clerk CONTRACTOR:t) 9\( By: (Signature)Printed Name: I PM"1 Title: M;*, t A ATTEST: / SECRET RY /kAdi S 1400v& (Name Printed) ���� E"a 4 f a Q fQ-_ 54 Bond*:UCSX372X7170 Premium:$4,386.00 Executed in Duplicate 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 GATEWOODS FLOOD BENCHING (Project No. 538-024), dated April 16th, 2024, designated Resolution No. 2024- , in every particular, Bellante, LLC, as Principal, and United Casualty and Surety Insurance Company ,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 One Hundred Forty-Six Thousand Two Hundred Ten Dollars and Fifty Cents($146,210.50) 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 terms 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 term"Amendment", 55 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 3rd day of May ,20 24 . Bellante LLC CONTRACTOR A RINCIPAL By: (Signature) Printed Name: 1`Q'V f)Ark. Qt\ Title: m-e,gt y„(,4 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. United Casualty and Surety Insurance Company SURETY By. (Signature) Printed Name: Kelly Specht Title: Attorney-in-Fact Date: May 3rd, 2024 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 56 TEXAS ORDINARY CERTIFICATE OF ACKNOWLEDGMENT CIVIL PRACTICE & REMEDIES CODE§ 121.007 Cc .�.!s��•!���'✓,:���T.C�Sr�.�.�s�.�c!Tt!a��.•��.t�.!T.•�-�,t!z�.!�t�c�.!�t!s��'✓,:�.!sit!Tc���.!�t��rT��t�t�t�.�.��..2 The State of Texas Before me, County of Bexar Delanie Davis,Notary Public Name and Character of Notarizing Officer, e.g., "John Smith, Notary Public" on this day personally appeared Kelly _pecht Name of Signer X known to me . proved to me on the oath of Name of Credible Witness proved to me through Description of Identity Card or Document to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this 4 l.:"°4,6 DELANIE DAVIS r Notary ID#133477012 I 3rd day of _ May 2024 My Commission Expires 'Tfof December 6, 2025 Day Month Year IQS1QUA;SL:LitC(0 Place Notary Seal and/or Stamp Above Signature of Notarizing Officer OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Performance Bond Executed in Duplicate,#UCSX372X7170 Document Date: May 3,2024 Number of Pages: 2 Signer(s) Other Than Named Above: No Other Signers j'r-aA x~,x43t`.YKg4Kg<✓:<g;:w`J ' xy4Kg4 sK✓:✓?,✓;:< ✓4 ?, ice✓'.e,4Ke, '+mot ' +:.r7 rJ: '.'gr•z✓' ©2016 National Notary Association • www.NationalNotary.org• 1-800-US NOTARY(1-800-876-6827) Item#5243 0 UNITED CASUALTY AND SURETY INSURANCE COMPANY US Casualty and Surety Insurance Company United Surety Insurance Company POWER OF ATTORNEY Agency No: 171372 KNOW ALL MEN BY THESE PRESENTS:That United Casualty and Surety Insurance Company,a corporation of the State of Nebraska,and US Casualty and Surety Insurance Company and United Surety Insurance Company,assumed names of United Casualty and Surety Insurance Company(collectively,the Companies),do by these presents make,constitute and appoint: Kelly Specht,Kandis Gregory,Richard P.Ford,Thomas C.Buckner,William Belpedio its true and lawful Attorney(s)-in-Fact,each in their separate capacity if more than one is named above,with full power and authority hereby conferred in its name, place and stead,to execute,acknowledge and deliver any and all bonds,recognizances,undertakings or other instruments or contracts of suretyship to include riders,amendments,and consents of surety,providing the bond penalty does not exceed Three Million Five Hundred Thousand&00/100 Dollars ($3,500,000.00 ).This Power of Attorney shall expire without further action on December 31",2024. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Board of Directors of the Companies at a meeting duly called and held on the 1"day of July,1993: Resolved that the President,Treasurer,or Secretary be and they are hereby authorized and empowered to appoint Attorneys-in-Fact of the Company,in its name and as its acts to execute and acknowledge for and on its behalf as Surety any and all bonds,recognizances,contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys-in-Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected Officers of the Company in their own proper persons. That the signature of any officer authorized by Resolutions of this Board and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond,undertaking,recognizance or other written obligation in the nature thereof;such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereunto affixed,this 4th day of April,2023 UNITED CASUALTY AND SURETY INSURANCE COMPANY °osutiir, SUFET• ti G;, ,.;;iisuiiti�; US Casualty and Surety Insurance Company j,a: .p 4c V•: yFs =7• °1„,�• .• :. '• ,gym:_ ; ca" 4,o, United Surety Insurance Company S`S, SEAL '�c 4, SEAL n c _ SEAL 9.1.Q o: :'s•, Michael T.Porsch,Treasurer Corporate Seals Commonwealth of Massachusetts County of Middlesex ss: On this 4th day of April,2023 before me,Colleen A.Cochrane,a notary public,personally appeared,Michael T.Porsch,Treasurer of United Casualty and Surety Insurance Company,US Casualty and Surety Insurance Company and United Surety Insurance Company,who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person(s),or the entity on behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Commonwealth of Massachusetts that the foregoing paragraph is true and correct. WITNESS my hand and seal. rr //1 I` ' COLLEEN A.COCORAt l �t.Lt[c.�—l�`te r C�i� (Seal) ' ' ' Notary Public,Commonwealth of Massachusetts`Notary Public Commission Expir :10/27/2028 My Commissron Expires 10/27/2028 I,Robert F.Thomas,President of United Casualty and Surety Insurance Company,US Casualty and Surety Insurance Company and United Surety Insurance Company do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Companies,which is still in full force and effect; furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. In Witness Whereof,I have hereunto set my hand and affixed the seals of said Companies at Newton,Massachusetts this 3rd day of May , 2024 n, Corporate Seals { ,w ' N """"�. `"IU suL t4 SAL . s. - ,,q J -"x .r' `�; Robert F.Thomas,President TO CONFIRM AUTHENTICITY OF THIS BOND OR DOCUMENT EMAIL:CONFIRMBOND@UNITEDCASUALTY.COM Bond*:UCSX372X7170 Premium Included in Performance Bond Executed in Duplicate EXHIBIT B PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS: that Bellante, LLC a limited liability corporation, hereinafter called Principal, and United Casualty and Surety Insurance Company, 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 One Hundred Forty-Six Thousand Two Hundred Ten Dollars and Fifty Cents ($146,210.50) 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 16th day of April, 2024, for the construction of GATEWOODS FLOOD BENCHING (Project No. 538-024) approved by Ordinance /Resolution No. 2024- 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 290.010 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 57 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 3rd day of May ,20 24 . Bellante LLC CONT TO PRINCIPAL By: (Signature) Printed Name: 1 j&.t /` Title: /►1cM,Ci to 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. United Casualty and Surety Insurance Company SURETY By: (Signature) Printed Name: Kelly Specht Title: Attorney-in-Fact Date: May 3rd, 2024 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 58 TEXAS ORDINARY CERTIFICATE OF ACKNOWLEDGMENT CIVIL PRACTICE & REMEDIES CODE§ 121.007 C�•�.�N,.�.�.'��.t�.��•!T:!��'��a.�c���c��.,.�.��•�t�t�.�.�t�.�.'�-at4�.���c��•�.!��.✓T�t!�.2 The State of Texas Before me, County of Bexar Delanie Davis,Notary Public Name and Character of Notarizing Officer, e.g., "John Smith, Notary Public" on this day personally appeared Kelly_SRecht Name of Signer X known to me ❑proved to me on the oath of Name of Credible Witness proved to me through Description of Identity Card or Document to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. SGe ' u Given under my hand and seal of office this /�a"�� DELANIE DAVIS Notary ID#133477012 P My Commission Expires 3rd day of May , 2024 December 6, 2025 Day Month Year Place Notary Seal and/or Stamp Above Signature of Notarizing Officer OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Payment Bond Executed in Duplicate,#UCSX372X7170 Document Date: May 3,2024 Number of Pages: 2 Signer(s) Other Than Named Above: No Other Signers ©2016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5243 EiUNITED CASUALTY AND SURETY INSURANCE COMPANY US Casualty and Surety Insurance Company United Surety Insurance Company POWER OF ATTORNEY Agency No: 171372 KNOW ALL MEN BY THESE PRESENTS:That United Casualty and Surety Insurance Company,a corporation of the State of Nebraska,and US Casualty and Surety Insurance Company and United Surety Insurance Company,assumed names of United Casualty and Surety Insurance Company(collectively,the Companies),do by these presents make,constitute and appoint: Kelly Specht,Kandis Gregory,Richard P.Ford,Thomas C.Buckner,William Belpedio its true and lawful Attorney(s)-in-Fact,each in their separate capacity if more than one is named above,with full power and authority hereby conferred in its name, place and stead,to execute,acknowledge and deliver any and all bonds,recognizances,undertakings or other Instruments or contracts of suretyship to include riders,amendments,and consents of surety,providing the bond penalty does not exceed Three Million Five Hundred Thousand&00/100 Dollars 1$3,500,000.00 1.This Power of Attorney shall expire without further action on December 31",2024. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Board of Directors of the Companies at a meeting duly called and held on the 1"day of July,1993: Resolved that the President,Treasurer,or Secretary be and they are hereby authorized and empowered to appoint Attorneys-in-Fact of the Company,in its name and as its acts to execute and acknowledge for and on its behalf as Surety any and all bonds,recognizances,contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys-in-Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected Officers of the Company in their own proper persons. That the signature of any officer authorized by Resolutions of this Board and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond,undertaking,recognizance or other written obligation in the nature thereof;such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereunto affixed,this 4th day of April,2023 UNITED CASUALTY AND SURETY INSURANCE COMPANY `,SURFry''y :9.3 ETyrks ••.•'''''; u ''., US Casualty and Surety Insurance Company 'F r Z ;b:: ,0: United Surety Insurance Company _if Syr"'", . 3 :a; or"• -mac 3u; ce"'mu, ',.o1 It SEAL :ce? SEAL SEAL 9" c�: Michael T.Porsch,Treasurer Corporate Seals Commonwealth of Massachusetts County of Middlesex ss: On this 4th day of April,2023 before me,Colleen A.Cochrane,a notary public,personally appeared,Michael T.Porsch,Treasurer of United Casualty and Surety Insurance Company,US Casualty and Surety Insurance Company and United Surety Insurance Company,who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person(s),or the entity on behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Commonwealth of Massachusetts that the foregoing paragraph is true and correct. WITNESS my hand and seal. 2t.0 ,.,__ �__Ce`r-- a.- 1 ' couEEN a coca (Seal) ' Notary Public, ismmonwed8h of Massachusetts otary Public Commission Expir :10/27/2028 toy Commission Expires 10�2�12028 I,Robert F.Thomas,President of United Casualty and Surety Insurance Company,US Casualty and Surety Insurance Company and United Surety Insurance Company do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Companies,which is still in full force and effect; furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. In Witness Whereof,I have hereunto set my hand and affixed the seals of said Companies at Newton,Massachusetts this 3rd day of May . 2024 Corporate Seals /;:•-"tl .4 ''�` ,:""Ni3:.- t••!!7... t 4e:,L,eq_ Jierrgloi-4--- �'.3EAC ; iGL q. SEAL `,, ---a± `,i. .. \`Z,, Robert F.Thomas,President TO CONFIRM AUTHENTICITY OF THIS BOND OR DOCUMENT EMAIL:CONFIRMBOND@UNITEDCASUALTY.COM Bond#:UCSX372X7170 Premium Included in Performance Bond Executed in Duplicate EXHIBIT C MAINTENANCE BOND TWO YEAR MAINTENANCE BOND Bond Number: UCSX372X7170 CITY OF RIVERSIDE,MISSOURI PROJECT:GATEWOODS FLOOD BENCHING(Project No. 538-024) KNOW ALL MEN BY THESE PRESENTS, that we the undersigned Bellante, LLC, hereinafter referred to as "Contractor",and United Casualty and Surety Insurance Company Corporation organized under the laws of the State of Nebraska and authorized to transact business in the State of Missouri , as Surety, are held and firmly bound unto the City of Riverside, Missouri hereinafter referred to as"Owner" in the penal sum of Seventy-Three Thousand One Hundred Five Dollars and Twenty-Five Cents($73,105.25), lawful money of the United States of America for the payment of which sum, well and truly to be made, we bind ourselves and our heirs, executors, administrators, successors, and assigns, jointly and severally by these presents. THE CONDITION OF THE FOREGOING OBLIGATIONS IS SUCH THAT: WHEREAS, the above bonded Contractor has, on the 16th day of April, 2024, entered into a written contract with the aforesaid Owner for furnishing all materials,equipment,tools,superintendence,labor,and other facilities and accessories,for the construction of certain improvements as designated,defined and described in the Contract Documents; a copy of which is made a part hereof by this reference. NOW, THEREFORE, if the said Principal shall construct the improvements in such manner that the same shall endure without need of any repairs (whether resulting from defective materials or defective workmanship) for a period of two (2)years from and after the date of acceptance by the City of Riverside, then this obligation shall be void, otherwise to be in full force and effect in which case Contractor and Surety shall be responsible for the prompt payment of the penal sum to the City for such repairs and/or maintenance including any incidental costs associated therein, including but not limited to the costs of consultants and/or engineering investigations,testing, analysis and any other costs incurred to determine the cause of defect and/or the necessary repair and maintenance and attorney fees incurred in the collection of this Bond. PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract Documents, or the work to be performed thereunder, shall in any way affect its obligation on this bond and it does hereby waive notice of any change, extension of time,alteration,or addition to the terms of the Contract Documents,or to the work. IN TESTIMONY WHEREOF,the said Contractor has hereunto set his hand,and the said Surety has caused these presents to be executed in its name, and its corporate seal to hereunto affixed, by its attorney-in-fact duly authorized thereunto so to do,at 1:57:00 PM on this the 3rd day of May ,20 24 . 59 United Casualty and Surety Insurance Company Bellante LLC SURETY COMPANY CONTRACTOR BY 1F (SEAL) BY 7/11404 (SEAL) BY Kelly Specht (SEAL) (Attorney-in-fact) BY (SEAL) Accompany this bond with the Attorney-in-Fact's authority from the Surety Company (certified to include the date of the bond.) 60 TEXAS ORDINARY CERTIFICATE OF ACKNOWLEDGMENT CIVIL PRACTICE& REMEDIES CODE§ 121.007 The State of Texas Before me, County of Bexar Delanie Davis,Notary Public Name and Character of Notarizing Officer, e.g., "John Smith, Notary Public" on this day personally appeared KeIcht Name of Signer Xi known to me ❑proved to me on the oath of Name of Credible Witness -- proved to me through Description of Identity Card or Document to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this ^ DELANIE DAVIS Notary ID#1 3 34770 1 2 3rd day of May 2024 syrf OF ' M Deoc tuber 6n 20P5e5 Day Month Year rleaki_XLQ--%0 Place Notary Seal and/or Stamp Above Signature of Notarizing Officer OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Maintenance Bond Executed in Duplicate,#UCSX372X7170 Document Date: May 3,2024 Number of Pages: 2 Signer(s) Other Than Named Above: No Other Signers Z:��:L�✓':`✓t�%�✓".4�G�✓'.�y":�✓>.`�'✓'4�t�._rZ�✓t�✓t�✓':�:�y'��4�6�✓".�%.�'��Y�':�':�':`✓2�':�L`✓%�y',4�✓Z`••✓":�✓%�'✓':�':�✓%�a--'?� ©2016 National Notary Association •www.NationalNotary.org• 1-800-US NOTARY(1-800-876-6827) Item#5243 EllUNITED CASUALTY AND SURETY INSURANCE COMPANY US Casualty and Surety Insurance Company United Surety Insurance Company POWER OF ATTORNEY Agency No: 171372 KNOW ALL MEN BY THESE PRESENTS:That United Casualty and Surety Insurance Company,a corporation of the State of Nebraska,and US Casualty and Surety Insurance Company and United Surety Insurance Company,assumed names of United Casualty and Surety Insurance Company(collectively,the Companies),do by these presents make,constitute and appoint: Kelly Specht,Kandis Gregory,Richard P.Ford,Thomas C.Buckner,William Belpedio its true and lawful Attorney(s)-in-Fact,each in their separate capacity if more than one is named above,with full power and authority hereby conferred in its name, place and stead,to execute,acknowledge and deliver any and all bonds,recognizances,undertakings or other instruments or contracts of suretyship to include riders,amendments,and consents of surety,providing the bond penalty does not exceed Three Million Five Hundred Thousand&00/100 Dollars ($3,500,000.00 1.This Power of Attorney shall expire without further action on December 31",2024. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Board of Directors of the Companies at a meeting duly called and held on the 1"day of July,1993: Resolved that the President,Treasurer,or Secretary be and they are hereby authorized and empowered to appoint Attorneys-in-Fact of the Company,in its name and as its acts to execute and acknowledge for and on its behalf as Surety any and all bonds,recognizances,contracts of indemnity,waivers of citation and all other writings obligatory in the nature thereof,with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys-in-Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected Officers of the Company in their own proper persons. That the signature of any officer authorized by Resolutions of this Board and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond,undertaking,recognizance or other written obligation in the nature thereof;such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and their corporate seals to be hereunto affixed,this 4th day of April,2023 UNITED CASUALTY AND SURETY INSURANCE COMPANY ,ai�ait, PE�r'iy' ,•';'sxsu US Casualty and Surety Insurance Company a ce Com an +"`a„M�� .gym:_ ;b "0 ...`; United Surety Insurance Company cl .S.• SEAL ,', j SEAL o s:. SEAL �= i liLL01 .,k�._....."'its.• "zj"an ...'. ...-•• 0.. _ Michael T.Porsch,Treasurer Corporate Seals Commonwealth of Massachusetts County of Middlesex ss: On this 4th day of April,2023 before me,Colleen A.Cochrane,a notary public,personally appeared,Michael T.Porsch,Treasurer of United Casualty and Surety Insurance Company,US Casualty and Surety Insurance Company and United Surety Insurance Company,who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person(s),or the entity on behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the Commonwealth of Massachusetts that the foregoing paragraph is true and correct. WITNESS my hand and seal. xa eC `a ' COLLEEN A.COCHRANE �c ct (Seat) Notary Public,Commonwealth of Massachusetts No— tary Public Commission Expir 10/27/2028 - a '• My Commission Expires 10/27/2028 I,Robert F.Thomas,President of United Casualty and Surety Insurance Company,US Casualty and Surety Insurance Company and United Surety Insurance Company do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Companies,which is still in full force and effect; furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. In Witness Whereof,I have hereunto set my hand and affixed the seals of said Companies at Newton,Massachusetts this 3111 day of May , 2024 Corporate Seals '""'" "' 1, st y 46E_ 4''',11.44., ', ;,• c," Robert F.Thomas,President TO CONFIRM AUTHENTICITY OF THIS BOND OR DOCUMENT EMAIL:CONFIRMBOND@UNITEDCASUALTY.COM EXHIBIT D PREVAILING WAGE RATES Special Wage Determination: Prevailing hourly rates of wages follow,as determined by the Division of Labor Standards, Jefferson City, Missouri. 61 r- '''''.. Missouri Division of Labor Standards WAGE AND HOUR SECTION f THEo -sT ` - -71 F.,' ;.40., - i.t to ;'rt yp � „.„ o _, 'x \ �,' 1 •°M/ SY r � . / MICHAEL L. PARSON, Governor Annual Wage Order No. 30 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 Signed by Todd Smith, Director Division of Labor Standards Filed With Secretary of State: March 10, 2023 Last Date Objections May Be Filed: April 10, 2023 Prepared by Missouri Department of Labor and Industrial Relations Building Construction Rates for REPLACEMENT PAGE Section 083 PLATTE County **Prevailing OCCUPATIONAL TITLE Hourly Rate Asbestos Worker $68 54 Boilermaker $33.80* Bricklayer $60.87 Carpenter $61.62 Lather Linoleum Layer Millwright Pile Driver Cement Mason $33.80* Plasterer Communications Technician $63.38 Electrician(Inside Wireman) $68.28 Electrician Outside Lineman $58.82 Lineman Operator Lineman-Tree Trimmer Groundman Groundman-Tree Trimmer Elevator Constructor $33.80* Glazier $33.80* Ironworker $67.98 Laborer $48.19 General Laborer First Semi-Skilled Second Semi-Skilled Mason $54.59 Marble Mason Marble Finisher Terrazzo Worker Terrazzo Finisher Tile Setter Tile Finisher Operating Engineer $61.68 Group I Group II Group III Group III-A Group IV Group V Painter $53.97 Plumber $74 61 Pipe Fitter Roofer $58 79 Sheet Metal Worker $72.86 Sprinkler Fitter $66 39 Truck Driver $33.80* Truck Control Service Driver Group I Group II Group III Group IV *The Division of Labor Standards received fewer than 1,000 reportable hours for this occupational title The public works contracting minimum wage is established for this occupational title 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 RSMO Section 290 210 ANNUAL WAGE ORDER NO 30 6f27/23 Heavy Construction Rates for Section 083 PLATTE County —Prevailing OCCUPATIONAL TITLE Hourly Rate Carpenter $61.99 Millwright Pile Driver Electrician (Outside Lineman) $58.82 Lineman Operator Lineman - Tree Trimmer Groundman Groundman -Tree Trimmer Laborer $49.79 General Laborer Skilled Laborer Operating Engineer $58.57 Group I Group II Group III Group IV Truck Driver $51.31 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 30-3.040(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 title that is not listed on the Heavy Construction Rate Sheet, use the rate for that occupational title as shown on the Building Construction Rate Sheet. *The Division of Labor Standards received fewer than 1,000 reportable hours for this occupational title. Public works contracting minimum wage is established for this occupational title using data provided by Missouri Economic Research and Information Center. "The Prevailing Hourly Rate includes any applicable fringe benefit amounts for each occupational title. ANNUAL WAGE ORDER NO. 30 3/23 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. 30 3/23 EXHIBIT E Time for Completion GATEWOODS FLOOD BENCHING (Project No. 538-024) Time for Completion: 05/30/2024 63 EXHIBIT F SCOPE OF WORK for GATEWOODS FLOOD BENCHING (Project No. 538-024) Contractor shall perform the following Work as more fully set forth in the Contract Documents: All Work necessary to construct the GATEWOODS FLOOD BENCHING as shown on and in accordance with the Technical Specifications and/or Drawings referred to in Exhibit G to the Agreement. The Work in the Project shall include but is not limited to the following: • Clearing and Grubbing • Erosion Control • Earthwork • Site Restoration, Seeding and Planting Contractor to provide all 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 all surveying, layout and field engineering required for the performance of this work. 5. Provide digital photographs of the preconstruction, construction, and post construction site (see Article IV Progress of Work/Submittals (F) for specifics) 6. Provide all weather provisions to meet the schedule set forth in the contract documents. 7. Provide clean up associated with the contractors work. Site is to remain free of debris during the construction process. 64 - *%=... ,. t".., . ....., '''...y.._ ..,\ , it ', ; '' `-.....<4.• .' _ s , • .., . I rsi. -'t•X: , I..",,,',,,.' ":.'...4"—N :, 4 p.s,. . 4\141''. ';Pei*-:t PS::i.,.•T.'•: ''‘''P''''.':.'2 !.1\2 . ,' . , . ,_74.Neee:::, P i.i.,.P...f.: . ..,24 7.1•".. ' ‘'. ' • A - -, . ..." $ — .. i 01. L--- . w . , . . , . .. . — •. - / 1.‹. ' 'T• • ,., . , , ' i ' '' 4' . • . ‘_.!:.! 'k4\ i . 1 . • -.:',.. .4, • •\ ... -4...., ' . . . ..... ,_. • ' • • • , ' . 1 , A j ' ._._-. . -N,".0.r'tY.' .; : ' I ,;• t * .111k r c. . .,..— . A lix• , ,,'" 4... ,••1'.-t".• . . . ..• , ‘.. ""-• A '• 4, • 1 , At. , . ,4 , ' • lf.11H.1-, - - s 44', . s-A• Vglk-: i ' i ', '4-..•,,-.,. , :.,,,,,,u,s, 4k.' 4'41 * . r 0.r-' 4"4411$'1111111:' \ 1P ' " 4,\4 • P.'•. ' .'''' , '• ., -.4:'. , Or Ai.., ,.st.,••••— ook,.‘, . .... , .. 4 ... ' .• . '. , .." \,,dt-4..% ''-: 4 " -'-'-' -4Pt --ct. . -. ..,, ',.7,,,_ '• ...7* -,,k<, '.\,..: ' • -.\'.01,•„.• ---.:.',•- - 4-. . .'••--Y-•':-`'''-,•: -,',-.--.-" -Alt • - • --744- ---.-: fz-,_ •-• . ) 'I AP: •- • ''-' ,- ' '';, Y' ',- 4 ',-.P. • '''.•'-'•4-i:t-'-'•''''2 .-.,-- .:',17, `;', - •, l''',\.,.14., `' ,'-'• `-••• ., ',-,..,' ,,,,•!..-2 .... .. ,i- ,,',.', ;4, ,' ' e --.• : '-: ,,... . , ., ,. , ..44-:,..„ it•• ‘.. -. ;i0N,,, t •.,1 .,,,, . .4.. ,. , , ,'' l'..: '-• : ,', ' - ' 'i's* 'ilk is: - ' ' '''' •..-'•-:.>:,,:•7 C.,_ , ..;--- P.'•. ) ':*&,4,.. :-t),11,, -- !',I,, . .4 4...; ,..."''' , - '''.'' - ' ''',"''''.1'.' '--''--. • '"*. ',.-74:,,,, ! 'N ,.,..,, /' . k. , t:7"''',-,' . . 6. '•• ..,.....,_,' , ., ,,. ,....._,.. , 'Ittili''''''''• - ' ',. 1P"•. , . k - w:' .Wq"k4 ..4. , -`..NA ,• 44.,". , 4.• . ... .. ... . .. --' .,11s'- `••,- - '''— '. • ., ... -z•-••••••, iiillikl',-' Ifit.;_ ' - .,, , , ..- - ._. .'44,-. --ty, '14, t-.,;-_.•-l--, ,‘ ••,, • .• Exhibit F: Scope of Work - Project Location Project Area Exhibit F: Scope of Work EXISTING TRAIL AREA OF EXCAVATION (DO NOT DISTURB) TOP OF CHANNEL BANK • _-�2% - ORDINARY HIGH WATER MARK FLOWLINE OF CHANNEL Excavation Typical Section NOT TO SCALE EXHIBIT G TECHNICAL SPECIFICATIONS GATEWOODS FLOOD BENCHING (Project No. 538-024) The following Specifications govern Contractor's performance of the Work: ENUMERATION OF SPECIFICATIONS AND 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 CONTRACTOR USE OF PREMISES 01030 SPECIAL CONDITIONS 01040 COORDINATION 01060 STANDARD SPECIFICATIONS AND PLANS 01270 MEASUREMENT AND PAYMENT 01310 JOB SITE ADMINISTRATION 01320 CONSTRUCTION SCHEDULE 01524 WASTE AREA, MATERIAL STORAGE AND SITE APPEARANCE 01567 POLLUTION CONTROL Division 2—Site Work Section Description 02230 CLEARING AND GRUBBING 02350 EROSION AND SEDIMENT CONTROL 02820 SEEDING ADDENDA: No. Date 67 ■ EXHIBIT H CITY OF RIVERSIDE MISSOURI Upstream from ordinary. NOTICE TO PROCEED DATE: May 7, 2024 PROJECT: GATEWOODS FLOOD BENCHING PROJECT NO.: 538-024 RESO: 2024-042 (approved April 16th, 2024) TO: Contractor: Bellante, LLC (address) 1406 NW Broadway Unit A Grain Valley, MO 64029 You are hereby notified to commence work on or after the 8th day of May, 2024 in accordance with the Agreement dated May 3, 2024. The date of substantial completion is 05/30/2024. The project shall be completed and ready for final payment by 06/15/2024. CITY OF RIRRiDE BY: B an . Kora , City in ator Receipt of the above NOTICE TO PROCEED is hereby acknowledged BY: (Signature) (Printed) (Title) (Company) this the day of , 2024. 67 EXHIBIT I 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 nbennion@riversidemo.gov or by calling 816-372-9028) CITY OF PAY APPLICATION NO. R��/ERS Date Prepared: ssocw'' Project No. City of Riverside Page Number:1 of 2950 NW Vivion Road Project Name R of Pgs Attached: Riverside Missouri,64150 A Original Contract Amount: F Value of Work to Date: $ - (nom Schedule of valves.Total sr..comalaea to oam) B Net change by Change Orders: G Value of Completed to Date: $ - (=F♦D) C Present Contract Amount(Line 1+/-Line 2) $ - D Value of Stored Materials to Date: $ - H Net Amount: $ - (=6-El E Percent Retainage: $ - I Less Previous Payments: $ - (total of an prey..pay apes/Prm:r) Amount Due this Application: $ K Balance to Finish Project.Including Retainage $ - (=C-I-1) %Project Complete to Date' KDIV/01 CONTRACTOR'S Certification for payment Tne undersgred CONTRACTOR centres that (r)all previous ON-SITE PROJECT Manager: progress payments received from OWNER.on ount or wort Construction Manager: done under the Contract released io above have been applied to discharge in full all obligator%of CONTRACTOR incurred in ENGINEER'S Certrite-woe for Payment (lame i'r•-red nectoe with Work covered by current and prior Applications In accordance With the Contract Docurnenls based on on-Sde Mr Payments(2)the to all Work materials and equipment observatrons and the data comprising tin applcatnn the ,t1r1 d incorporated in said'.yok or ottterwrse Irsled in or covered by Ihrs Engineer readies to the Owner that to Um best of the Appireation rot Payment will pass to Tuner at Mine of payment Engineers Knowledge Infonnahom and belief Me Work has fl::•. -- tree and rear or all lens.carets security interest and progressed as indicated Me duality of the Work is in encumbrances except horn as are covered by Bond acceptable accordance Wass roe conrrarr Documents and the ',i iv OWNER i demnrlying OWNER against any such lien caim Contractor is entrtled to payment of the AMOUNT security interest or enrumeance).and(3)all Work covered by CERTIFIED S rho ApplkatiOn Tor Payment is in accodance wen rice Contract CITY OF RIVERSIDE.MO Documents Engineer: City Engineer: COMtriCtOr: Name Printed: Trams Horner Signed Date Name Ported. Signed: City Administrator: Signed Date: Ryan Koral Signed Date Date Phone No. Address: Address. 69 EXHIBIT J CHANGE ORDER (Contact Capital Projects and Parks Manager,Noel Bennion with the City of Riverside for an electronic version nbennionAriversidemo.2ov or by calling 816-372-9028) CITY Of CHANGE ORDER NO. Date Prepared RIVERS Contractor Name: Project Name: Page Number I of Project Number: e ce Pgs Attached. Contract Date: The!dlowrng changes to the original contract amount were required to cover cost incurred by Project Loubee:Rlversjde,Missouri the Contractor or to reflect savings realized by the Contractor as a result of a change in the actin constructed quantities tram the estimated quantities shown on Ire Bid Proposal. REQUIRED CHANGES IN PRESENT CONTRACT Collector Contractor Contract or• New or New or New or Line ten No. Previous Preame Prevnus Unit Item Description a Reason for Change Order Adjusted Adjusted Adjusted Quantity Unit Price Amount Quantity Urit Pnce Amount $0.00 • 50.00 $0.00 $0.001 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Previous Total $0.00 Alluded Total $0.00 Nat Cha ps 10.00 Sbhmnrrt of Contact Oliginal Contract Amount $0.00 Net Amount of Previous Ad66ors and Deductions $0.00 Net Contract Amount Pnor to This Request S0.00 Amount of This Request S0.00 New Contract Amount $0.00 Percent Change in Contract Amount #DIVh0! , DESIGN ENGINEER: CITY OF RIVERSIDE,MISSOURI: , City Engineer: Name Primed. Travis Hoo\er Signed Dre srema _ City Administrator: Odle Brian Korai Signed DeS CONTRACTOR: ON-SITE PROJECT MANAGER: CONTRACTOR'S Certification for Change Order: ON-SITE PROJECT MANAGER Certification for Change Order. The undersigned CONTRACTOR cedillas that at changes In accords<a w.th:he Cornre<t Documents.the cnzne obsesetlom.and assorted now we necessary In order ter'he CONTRACTOR to the data composing:his_tenge Oder.1M on-site project manager centime proceed welt execution of the contract documents.and Inc the to the Owner mat to the Pest of the on<ne project managers knowedge blues NSW game are correct with respect to the work information and belief the above referenced changes we necessary in order to meclgeted under to thanes order. proceed nth the execution of the contract documents,and MC the talon stated pilaw are come<t AIM respect to the work ambience ureter this change onNr Corn deny Corn pony Name Primed Name Primed Signed Signed Dag Deg 70 CITY OF EXHIBIT K RIVERS MISSOURI Certificate of Substantial Completion (to be completed after substantial completion of the project) Project Name: GATEWOODS FLOOD BENCHING Project#: 538-024 1 Requestor of Project: City of Riverside This [tentative] [definite] Certificate of Substantial Completion applies to: ❑ All Work under the Contract Documents: 0 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: 71 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 Contractor's 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 72 EXHIBIT L AFFIDAVIT OF COMPLIANCE WITH THE PREVAILING WAGE LAW (to be completed at conclusion of project) I, ,upon being duly sworn upon my oath state that: (1)I am the of (2)all requirements of Section 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 Contractor's work on GATEWOODS FLOOD BENCHING (Project No.538-024)i (3) I have reviewed and am familiar with the labor standards provisions and prevailing wage rules established by the Missouri Department of Labor and Industrial Relations Division of Labor Standards; (4) based upon my knowledge of these rules, including all occupational titles set out in the applicable regulations,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 irrevocable paid to a trustee or to a third party pursuant 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 City of Riverside and will be available,as often as may be necessary,to such City and such other regulatory agencies as may be deemed necessary; (7)such records shall not be destroyed or removed from the State of Missouri for one(1)year following the completion of Contractor's work on this Project; (8)when in effect,the requirements of Sections 290.550 through 290.580 RSMo. Pertaining to excessive unemployment were fully satisfied;and (9)there has been no exception to the full and complete compliance with the provisions and requirements of the wage orders applicable to the Agreement and Contract Documents. 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 herein may subject me to criminal prosecution. Contractor Signature Printed Name Subscribed and sworn to me this day of ,20 Notary Public My Commission expires: 73 EXHIBIT M ANTI-DISCRIMINATION AGAINST ISRAEL ACT CERTIFICATION Pursuant to RSMo. §34.600,a public entity shall not enter into a contract to acquire or dispose of services, supplies,information technology,or construction valued at$100,000,or with a contractor having ten or more employees,unless the contract includes a written certification that the person or company is not currently engaged in,and shall not,for the duration of the contract,engage in a boycott of: Goods or services from the State of Israel; Companies doing business in,or with,Israel Companies authorized by,licensed by,or organized under,the laws of the State of Israel;or Persons or entities doing business in the State of Israel. For a definition of the term"boycott",please refer to RSMo. §34.600.3. By signing below,the entity agrees and certifies that it does not currently,and will not for the duration of this contract,engage in any of the types of boycotts listed above. Contractor: By: kete Ru`K V' Name:'11(A.,/\--- Title: A4,444 EXHIBIT N CONTRACTOR AFFIDAVIT FOR FINAL PAYMENT (to be completed at conclusion of project) GATEWOODS FLOOD BENCHING (Project No. 538-024) STATE OF ) ) SS: COUNTY OF ) The Undersigned, of lawful age,being first duly sworn,states under oath as follows: 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 as 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 75 EXHIBIT 0 SUBCONTRACTOR AFFIDAVIT FOR FINAL PAYMENT (to be completed at conclusion of project) GATEWOODS FLOOD BENCHING (Project No. 538-024) 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. I 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: ,Contractor Work Performed: Total Dollar Amount of Subcontract and all Change Orders:$ 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: Subcontractor's Legal Name and Address ( )Missouri Corporation ( )Foreign Corporation ( )Fictitious Name Corporation ( )Sole Proprietor ( )Limited Liability Company Phone No. ( )Partnership Fax: ( )Joint Venture E:mail: ( )Other(Specify) Federal ID No. I hereby certify that I have the authority to execute this affidavit on behalf of Subcontractor. By: (Signature) (Print Name) (Title) (Date) NOTARY Subscribed and sworn to before me this day of ,20 My Commission Expires: (Signature) 76 EXHIBIT P ENGINEER/CONSULTANT'S CERTIFICATION For Acceptance and Final Payment (to be completed at conclusion of project) City of Riverside,Missouri Project Name: GATEWOODS FLOOD BENCHING Project No: 538-024 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. I 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: cc: Contractor 77 DIVISION 1 - GENERAL REQUIREMENTS 78 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 the job 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. 79 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. Project 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. I. 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. 01060 STANDARD SPECIFICATIONS AND PLANS 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 80 Criteria, Division II (APWA Standard Specifications) available at the following website: http://kcmetro.apwa.net/chapters/kcmetro/specificat ions.asp. 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: http://kcmetro.apwa.net/chapters/kcmetro/specifications.asp 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 Form 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 govern, and the extensions or totals will be corrected accordingly. 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: 81 1. 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 representative(s). 01320 CONSTRUCTION SCHEDULE 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. The Owner will review the proposed progress schedule,and may require the Contractor to revise the same if, in the Owner's 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. 82 D. Payment: No direct payment shall be made. 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. 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. 83 02230 CLEARING AND GRUBBING A. General: Clearing and grubbing shall be done in accordance with Section 2101 of the KCAPWA Standard Specifications. • B. Payment: Payment will be made according to the bid form. 02350 EROSION AND SEDIMENT CONTROL A. General: Erosion and sediment control shall be in accordance with KCAPWA Standard Specifications Section 2150. 1. The Contractor is responsible for providing sufficient control of sediment and erosion to prevent migration of sediment off the construction site throughout the duration of the project. 2. All sediment escaping the project site and entering the downstream ditches shall be removed immediately at the expense of the Contractor. If the existing vegetation is damaged by the sediment,or by the removal of the sediment,it shall be replaced with like vegetation at the expense of the Contractor. B. Payment: Payment will be made according to the bid form. 02820 SEEDING A. General: Contractor shall seed all disturbed areas in accordance with APWA Standard Specifications Section 2401. B. Payment: Payment will be made according to the bid form. 85 STORM WATER POLLUTION PREVENTION PLAN For CITY OF RIVERSIDE, MISSOURI CONSTRUCTION ACTIVITIES At Gatewoods Flood Benching Prepared by: City of Riverside 2950 NW Vivion Road Riverside, MO 64150 Ms. Noel Bennion Capital Projects & Parks Manager March 2024 TABLE OF CONTENTS SECTION 1 Land Disturbance Permit Submitted to Missouri Department of Natural Resources Owner's Certification and Delegation Contractor's Certification and Delegation Sub-Contractor Certifications SECTION 2 Storm Water Pollution Prevention Plan(SWPPP) SECTION 3 Inspection Report Form Record of Stabilization and Major Activities Form SWPPP Modification Report Form Project Rainfall Log Form SECTION 4 Final Stabilization Certification Checklist and Contractor's Certification SECTION 5 Attachments Record Keeping Documentation of the SWPPP SECTION 1 Land Disturbance Permit Owner's Certification and Delegation Contractor's Certification and Delegation Sub-Contractor Certifications Professional Engineer's Certification C4- "^" Missouri Department of dnr.mo.gov • '�. NATURAL RESOURCES Michael L. Parson, Governor Dru Buntin, Director Gatewoods Flood Benching MORA26186, Platte County City of Riverside-MO 2950 NW Vivion Rd Riverside,MO 64150 Pursuant to the Federal Water Pollution Control Act,under the authority granted to the State of Missouri and in compliance with the Missouri Clean Water Law,the Missouri Department of Natural Resources(Department)has issued,and we are enclosing your Missouri State Operating Permit which authorizes land disturbance activities for Gatewoods Flood Benching. This General Permit is both your federal discharge permit and your new state operating permit and replaces all previous state operating permits and letters of approval for the discharges described within.In all future correspondence regarding this permit,please refer to your general permit number as shown on page one of your permit. Please note that prior to the beginning of land disturbance activities other permits may also be required.Especially note the requirements for a Department 401 Water Quality Certification and the U.S.Army Corps of Engineers 404 permit.A 401 Certification is needed when placing material,or fill, into the jurisdictional waters of the Unites States. Examples are culverts under road crossings,riprap along stream banks and storm water outfall pipes.The term jurisdictional waters refers to large lakes,rivers,streams and wetlands,including those that don't always contain water. This permit may include requirements with which you may not be familiar.If you would like the Missouri Department of Natural Resources(Department)to conduct a Compliance Assistance Visit to discuss the permit,an appointment can be set up by contacting your local Department Regional Office or the Water Pollution Program at 573-751-1300. The permit requires the development and implementation of a Stormwater Pollution Prevention Plan(SWPPP).Refer to your permit for more information on this SWPPP. The requirements found in this permit do not supersede nor relieve liability for compliance with other federal,state,county,or local statutes,regulations,or ordinances.Also,any exemptions found in this permit do not imply an exemption from other permits from the Department.It is your responsibility to ensure that any and all necessary permits for this facility have been obtained. If you were adversely affected by this decision,you may be entitled to an appeal before the Administrative Hearing Commission(AHC)pursuant to Sections 644.051.6 and 621.250,RSMo. To appeal,you must file a petition with the AHC within thirty days after the date this decision was mailed or the date it was delivered,whichever date was earlier.If any such petition is sent by registered mail or certified mail,it will be deemed filed on the date it is mailed;if it is sent by any method other than registered mail or certified mail,it will be deemed filed on the date it is received by the AHC. Contact information for the AHC is as follows: Administrative Hearing Commission,United States Post Office Bldg.,Third Floor, 131 West High Street,Jefferson City, MO 65101,and PO Box 1557, Jefferson City, MO 65102.phone: 573 751 2422, fax: 573 751 5018,website: www.oa.mo.gov/ahc. If you have any questions concerning this permit,please do not hesitate to contact us by mail at Department of Natural Resources,Water Protection Program, P.O.Box 176,Jefferson City,MO 65102-0176, or by phone at 573-522-4502. Thank you. Sincerely, Water Protection Program -/orL'M John Hoke Director JH Gatewoods Flood Benching MORA26186 ePermitting Certification and Signature Document Missouri State Operating General Permit number MORA26186 was issued on 03-19-2024 based on information entered into the Missouri Department of Natural Resources'electronic Permitting(ePermitting)system.Missouri Regulation 10 CSR 20-6.010(2)(B)requires that all applications for construction and operating permits be signed. Gatewoods Flood Benching,Platte County NW 50th Street RIVERSIDE,MO 64150 Total Permitted Area: 1.65 Acres Total Number of Permitted Features: 1 Based upon the selection you made on the'New Permit'screen;it was indicated that a single polygon was drawn indicating the entire disturbance area. Is any part of the area that is being disturbed in a jurisdictional water of the United States?If yes,you must also receive a Clean Water Act,Section 404 Permit for this site from the United States Army Corp of Engineers. No Is any section of the area that is being disturbed part of a housing development(subdivision)?If yes,additional regulations may apply depending on the nature of wastewater treatment.Please consult and follow 10 CSR 20-6.030 Disposal of Wastewater in Residential Housing Development regulations if onsite wastewater treatment (septic)systems will be used as the method of wastewater treatment.If you have any questions or concerns about the regulation please contact the Water Pollution Control Branch,Operating Permits Section at 573-522-4502. No I understand there may be an established Local Authority Erosion Control Plan in the city or the unincorporated area of the county where land disturbance activities covered under this general permit will occur.(Note-you may want to contact your local authority to determine if there are any requirements). Agreed A Stormwater Pollution Prevention Plan(SWPPP)must be developed for this site.This plan must be developed in accordance with requirements and guidelines specified within the general permit for storm water discharges from land disturbance activities.The application will be considered incomplete if the SWPPP has not been developed. Agreed The above certifications were made electronically in the ePermitting system by: Name:Noel Bennion Date:03/19/2024 I certify that I am familiar with the information contained in the application,that to the best of my knowledge and belief such information is true,complete and accurate,and being granted this permit,I agree to abide by the Missouri Clean Water Law and all rules,regulations,orders and decisions,and terms of this permit,subject to any legitimate appeal available to an applicant under the Missouri Clean Water Commission. Agreed Noel Bennion 03-19-2024 Signature Date STATE OF MISSOURI DEPARTMENT OF NATURAL RESOURCES MISSOURI CLEAN WATER COMMISSION n°o°aaa a sa a-***At eip4,...0.1: IRa._/h MISSOURI STATE OPERATING PERMIT General Operating Permit In compliance with the Missouri Clean Water Law,(chapter 644 R.S.Mo as amended,hereinafter,the Law),and the Federal Water Pollution Control Act (Public Law 92-500,92nd Congress)as amended, Permit No.: MORA26186 Owner City of Riverside-MO Address: 2950 NW Vivion Rd Riverside,MO 64150 Continuing Authority: City of Riverside-MO 2950 NW Vivion Rd Riverside,MO 64150 Facility Name: Gatewoods Flood Benching Facility Address: NW 50th Street RIVERSIDE,MO 64150 Legal Description: Sec.33,T 51N,R 33W,Platte County UTM Coordinates: 360366.639/4338386.162 Receiving Stream: Jumping Branch(C) First Classified Stream-ID#: Presumed Use Streams(C)303(d)5042.00 USGS#and Sub Watershed#: 10240011 -0607 is authorized to discharge from the facility described herein,in accordance with the effluent limitations and monitoring requirements as set forth herein. FACILITY DESCRIPTION All Outfalls-Construction or land disturbance activity(e.g.,clearing,grubbing,excavating,grading,filling and other activities that result in the destruction of the root zone and/or land disturbance activity that is reasonably certain to cause pollution to waters of the state). This permit authorizes activities pursuant to the terms and conditions of this permit in accordance with the Missouri Clean Water Law and/or the National Pollutant Discharge Elimination System;it does not apply to other regulated activities. 03-19-2024 Issue date 02/07/2027 '�?G'<Y �' f/ Expiration date John Hoke,Director,Water Protection Program MORA Fact Sheet Page I of 14 I.APPLICABILITY A. Permit Coverage and Authorized Discharges 1. This Missouri State Operating Permit(permit)authorizes the discharge of stormwater and certain non-stormwater discharges from land disturbance sites that disturb one or more acres,or disturb less than one acre when part of a larger common plan of development or sale that will disturb a cumulative total of one or more acres over the life of the project. A permit must be issued before any disturbance of root zone of the existing vegetation or other land disturbance activities may begin. 2. If an individual or developer proposes to improve a lot for development or sale that is less than an acre and part of a common plan of development or sale,a permit is required.If an individual proposes to develop a lot to reside on themselves,the development is not considered part of the larger common plan of development or sale and does not require a permit unless the lot is an acre or more[10 CSR 20-6.200(1)(B)6.].See table below. Permit Requirements for a Common Promotional Plan Land Disturbance Permit Required? One acre or more(> 1 Less than one acre(< 1 acre) acre) Yes,if part of a larger common plan of Land disturbance by a developer(or a contractor working development or sale with cumulative on their behalf),regardless of type of development(initial, disturbance of one or more acres Yes commercial,residential) including individual residential lots in order to improve the lot for sale Land disturbance by an individual to reside on themselves (or a contractor working on their behalf) No Yes This general permit also authorizes the discharge of stormwater and certain non-stormwater discharges from smaller projects where the Missouri Department of Natural Resources(Department)has exercised its discretion to require a permit[10 CSR 20- 6.200(1)(B)]. A Missouri State Operating Permit(MORA,MORI 00,or site specific)that specifically identifies the project must be issued before any site vegetation is removed(disturbance of the root zone)or the site disturbed[10 CSR 20-6.200(I)(A)]. Any persons who operate,use,or maintain a land disturbance activity(owner/operator)which is subject to permitting requirements for stormwater discharges from land disturbance activities,who disturbs land prior to permit issuance from the Department is in violation of both State[10 CSR 20-6.200(I)(A)]and Federal regulations. The owner/operator and continuing authority of this permit arc responsible for compliance with this permit[10 CSR 20-6.200 (3)(B)]• The primary operator(s)of a land disturbance site is any party associated with the project who either: 1)has operational control over construction plans,including the ability to make modifications to those plans;or 2)has day-to-day operational control of those activities at a project that arc necessary to ensure compliance with the permit conditions. This may be the General Contractor,Project Manager,or similar role. 3. This permit authorizes stormwatcr discharges from land disturbance support activities(e.g.,equipment staging yards,material storage areas,excavated material disposal areas,borrow areas,concrete,or asphalt batch plants)provided appropriate stormwater controls are designed,installed,and maintained and the following conditions are met and addressed in the Stormwater Pollution Prevention Plan(SWPPP): (a) The support activity is directly related to the construction site required to have permit coverage for stormwater discharges; (b) The support activity is not a commercial operation or serve multiple unrelated construction sites; (c) The support activity does not continue to operate beyond the completion of the construction activity at the project it supports; (d) Sediment and erosion controls are implemented in accordance with the conditions of this permit;and (e) The support activity is strictly stormwater discharges. Support activities which discharge process water shall apply for separate coverage,such as a concrete batch plant discharging process water shall be covered under a MOG49. ten. •.. • •. . e .• •n .. r . . Master General Permit MORA Page 2 of 14 4. This permit authorizes non-stormwater discharges from the following activities provided that these discharges are treated by appropriate Best Management Practices(BMPs)where applicable and addressed in the permittee's specific SWPPP required by this general permit: (a) Discharges from emergency fire-fighting activities; (b) De-chlorinated fire hydrant flushing; (c) Uncontaminated water line flushing; (d) Uncontaminated condensate from air conditioning or compressor condensate; (e) Landscape watering; (f) Uncontaminated,non-turbid discharges of ground water or spring water; (g) Foundation or footing drains where flows are not contaminated with process materials; (h) Water used to control dust;and (i) Pavement wash waters,provided spills or leaks of toxic or hazardous substances have not occurred(unless all spill material has been removed)and where soaps,solvents,and detergents are not used.Directing pavement wash waters directly into any water of the state,storm inlet,or stormwater conveyance,unless the conveyance is connected to an effective control,is prohibited. 5. Sites that have contaminated soils that will be disturbed by the land disturbance activity,or where such materials are brought to the site to use as fill or borrow,shall notify the Department's Water Protection Program for approval before applying for coverage under this permit.The Department reserves the right to revoke or deny coverage under this general permit;a site-specific permit may be required to cover such activities. B.Permit Restrictions 1. Any non-stormwater discharges other than those explicitly authorized in Part I APPLICABILTY,Condition A.3 are prohibited under this permit. 2. This permit does not authorize the discharge of process wastewaters,treated or otherwise,including water used to wash machinery,equipment,buildings,or wastewater from washout of concrete. 3. For sites operating within the watershed of any Outstanding National Resource Water(which includes the Ozark National Riverways and the National Wild and Scenic Rivers System),sites that discharge to an Outstanding State Resource Water,or facilities located within the watershed of an impaired water as designated in the 305(b)report,including the 303(d)list,with an impairment for sediment: (a)This permit authorizes stormwater discharge so long as no degradation of water quality occurs due to discharges from the permitted facility per 10 CSR 20-7.031(3)(C)and as long as the facility is 1,000 or more feet away from the Outstanding National or State Resource Water or a water of the state with an impairment for sediment. (b)A site with a discharge found to be causing degradation or contributing to an impairment by discharging a pollutant of concern,during an inspection or through complaint investigations,may be required to become a no discharge facility or obtain a site-specific permit with more stringent monitoring and SWPPP requirements. (c)For sites within 1,000 feet of Outstanding National or State Resource Water or a water of the state with an impairment for sediment,the site shall operate as a no-discharge facility as defined in 10 CSR 20-6.015(1)(B)7,and discharges from dewatering of sedimentation basins is prohibited. 4. This general permit does not authorize the placement of fill materials in flood plains,placement of fill into any floodway,the obstruction of stream flow,or changing the channel of a defined drainage course.This general permit addresses only the quality of the stormwater runoff and the minimization of off-site migration of sediments and other water contaminants. 5. This permit does not allow stream channel or wetland alterations unless approved by Section 404 of the federal Clean Water Act (CWA)permitting authorities.Land disturbance activities may not begin in waters of the United States until any required Section 404 permit and Section 401 certification have been obtained. 6. This operating permit does not affect,remove,or replace any requirement of the National Environmental Policy Act;the Endangered Species Act;the National Historic Preservation Act;the Comprehensive Environmental Response,Compensation and Liability Act;the Resource Conservation and Recovery Act;or any other relevant acts.Determination of applicability to the above mentioned acts is the responsibility of the permittee.Additionally,this permit does not establish terms and conditions for runoff resulting from silvicultural activities listed in Section 402(1)(3)(a)of the Clean Water Act. 7. Compliance with all requirements in this permit does not supersede any requirement for obtaining project approval from an actahliehrll Innal anthnritu nnr rPmnuP lialailihr for rmmnlianrn with rnnntar anri nthnr lnral nrrlinanrnc Master General Permit MORA Page 3 of 14 8. The Department may require any facility or site authorized by a general permit to apply for a site-specific permit[10 CSR 20- 6.010(13)(C)].Cases where a site-specific permit may be required include,but are not limited to,the following: (a) The discharge(s)is a significant contributor of a pollutant(s)which impairs the designated uses or general criteria of the receiving stream; (b) The discharger is not in compliance with the conditions of the general permit; (c) A Total Maximum Daily Load(TMDL)containing requirements applicable to the discharge(s)is approved;or (d) Materials or contaminants exist at the site,or are brought to the site to use as fill or borrow,which may necessitate special controls or permit limits not otherwise considered under this general permit,such as contaminated soils from federal clean-up sites.This general permit may be authorized when additional contaminant controls are proposed by the applicant and the proposal is accepted by the Department in written correspondence. 9. If a facility or site covered under a current general permit desires to apply for a site-specific permit,the facility or site may do so by contacting the Department for application requirements and procedures. 10. Any discharges not expressly authorized in this permit and not clearly disclosed in the permit application cannot become authorized or shielded from liability under CWA section 402(k)or Section 644.051.16,RSMo,by disclosure to EPA,state,or local authorities after issuance of this permit via any means,including any other permit applications,funding applications,the SWPPP,discharge monitoring reporting,or during an inspection.Discharges at the facility not expressly authorized by this permit must be covered by another permit,be exempt from permitting,or be authorized through some other method. 11. In the event that a State of Emergency is declared,either by the State or Federal government,and as a result an emergency-related project requires land disturbance activity that requires a permit,the owner/operator of the project may begin work prior to permit issuance so long as they implement sediment and erosion controls in compliance with the master general permit conditions contained herein.The owner/operator is not exempt from permitting and shall apply for the land disturbance permit as soon as practicable but no later than seven calendar days after starting work.The Department may determine that other emergencies, considered on a case-by-case basis,are applicable.Contact the Department to determine if non-state of emergencies are applicable. II.EXEMPTIONS FROM PERMIT REOUIREMENTS 1. Facilities that discharge all stormwater runoff directly to a combined sewer system(as defined in 40 CFR 122.26 and 40 CFR 35.2005)connecting to a publicly owned treatment works which has consented to receive such a discharge are exempt from Department stormwater permit requirements. 2. Land disturbance activities that disturb less than one(1)acre of total land area which are not part of a common plan of sale where water quality standards are not exceeded are exempt from Department stormwater permit requirements.Land disturbance activity on an individual residential building lot is not considered as part of the overall subdivision unless the activity is by the developer to improve the lot for sale. 3. Oil and gas related activities as listed in 40 CFR 122.26(a)(2)(ii)where water quality standards are not exceeded are exempt from Department stormwater permit requirements. 4. Linear,strip,or ribbon construction or maintenance operations meeting one(1)of the following criteria are exempt from Department stormwater permit requirements: (a)Grading of existing dirt or gravel roads which does not increase the runoff coefficient and the addition of an impermeable surface over an existing dirt or gravel road; (b)Cleaning or routine maintenance of roadside ditches,sewers,waterlines,pipelines,utility lines,or similar facilities; (c)Trenches two(2)feet in width or less;or (d)Emergency repair or replacement of existing facilities as long as BMPs are employed during the emergency repair. III.REOUIREMENTS 1. The permittee shall post a public notification sign at the main entrance to the site with the specific MORA permit number.The public notification sign must be visible from the public road that provides access to the site's main entrance.An alternate location is acceptable provided the public can see it and it is noted in the SWPPP.The public notification sign must remain posted at the site until the permit has been terminated. The sign is provided at the end of this permit. Master General Permit MORA Page 4 of 14 2. The permittee shall be responsible for notifying the land owner and each contractor or entity(including utility crews and city employees or their agents)who will perform work at the site of the existence of the SWPPP and what actions or precautions shall be taken while on-site to minimize the potential for erosion and the potential for damaging any BMP.The permittee is responsible for any damage a subcontractor may do to established BMPs and any subsequent water quality violation resulting from the damage. 3. Ensure the design,installation,and maintenance of effective erosion and sediment controls to minimize the discharge of pollutants.At a minimum,such controls must be designed,installed,and maintained to: (a) Control stormwater volume,velocity,and peak flow rates within the site to minimize soil erosion; (b) Control stormwater discharges,including both peak flow rates and total stormwater volume,to minimize erosion at outlets and to minimize downstream channel and stream bank erosion and scour; (c) Minimize the amount of exposed soil during construction activity; (d) Minimize the disturbance of steep slopes; (e) Minimize sediment discharges from the site.Address factors such as: 1) the amount,frequency,intensity,and duration of precipitation; 2) the nature of resulting stormwater runoff; 3) expected flow from impervious surfaces,slopes,and drainage features;and 4) soil characteristics,including the range of soil particle size expected to be present on the site; (f) Provide and maintain natural buffers around surface waters as detailed in Part V.BMP REQUIREMENTS Condition 7, direct stormwater to vegetated areas to increase sediment removal and maximize stormwater infiltration and filtering,unless infeasible; (g) Minimize soil compaction and preserve topsoil where practicable;and (h) Capture or treat a 2-year,24-hour storm event. 4. A 2-year,24-hour storm event shall be determined for the project location using the National Oceanic and Atmospheric Administration's National Weather Service Atlas 14 which can be located at https://hdsc.nws.noaa.gov/hdsc/pfds/pfds map cont.html. (a) As an alternative to utilizing NOAA Atlas 14 for site specific data to determine the 2-year,24-hour storm event the conservative default value can be used based on the map provided by the Department in the Factsheet portion of this permit. The permittee may choose which source to use for the site specific data. 5. BMPs for land disturbance[10 CSR 20-6.200(1)(D)2]are a schedule of activities,practices,or procedures that reduces the amount of soil available for transport or a device that reduces the amount of suspended solids in runoff before discharge to waters of the state.The term BMPs are also used to describe the sediment and erosion controls and other activities used to prevent stormwater pollution.BMPs are divided into two main categories:structural or non-structural;and they arc also classified as temporary or permanent. 6. Installation of BMPs necessary to prevent soil erosion and sedimentation at the downgradient project boundary(e.g.buffers, perimeter controls,exit point controls,storm drain inlet protection)must be complete prior to the start of all phases of construction.By the time construction activity in any given portion of the site begins,downgradient BMPs must be installed and operational to control discharges from the initial site clearing,grading,excavating,and other earth-disturbing activities. Additional BMPs shall be installed as necessary throughout the life of the project.Following the installation of these initial BMPs,all BMPs needed to control discharges shall be installed and made operational prior to subsequent earth disturbing activities. 7. Temporary BMPs may be added and removed as necessary with updates to the SWPPP as specified in the requirements below. 8. All BMPs shall be maintained and remain in effective operating condition during the entire duration of the project,with repairs made within the timeframes specified elsewhere in this permit,until final stabilization has been achieved. (a) Ensure BMPs are protected from activities that would reduce their effectiveness. (b) Remove any sediment per the BMP manufacturer's instructions or before it has accumulated to one-half of the above- ground height of any BMP that collects sediment(i.e.silt fences,sediment traps,etc.) (c) The project is considered to achieve final stabilization when Part V.BMP REQUIREMENTS,Condition 13 is met. 9. Minimize sediment trackout from the site and sediment transport onto roadways. (a) Restrict vehicle traffic to designated exit points. (b) Use appropriate stabilization techniques or BMPs at all points that exit onto paved roads or areas outside of the site. (c) Use additional controls to remove sediment from vehicle and equipment tires prior to exit from facility where necessary. (d) Any sediment or debris that is tracked out past the exit pad or is deposited on a roadway after a precipitation event shall be Master General Permit MORA Page 5 of 14 on pavement or other impervious surfaces shall not be disposed of into any stormwater conveyance,storm drain inlet,or water of the state. (e) Stormwater inlets susceptible to receiving sediment or other pollutants from the permitted land disturbance site shall have curb inlet protection.This may include inlets off the active area where track out from vehicles and equipment could impact the stormwater runoff to those inlets. 10. Concrete washout facilities shall be used to contain concrete waste from the activities onsite,unless the washout of trucks and equipment is managed properly at an offsite location. The washout facility shall be managed to prevent solid and/or liquid waste from entering waters of the state by the following: (a) Direct the wash water into leak-proof containers or pits designed so that no overflows can occur due to inadequate sizing or precipitation; (b) Locate washout activities a minimum of 50 feet from waters of the state,stormwater inlets and/or stormwater conveyances; (c) Washout facilities shall be cleaned,or new facilities must be constructed and ready for use,once the washout is 75%full; (d) Designate the washout area(s)and conduct such activities only in these areas. (e) Ensure contractors are aware of the location,such as by marking the area(s)on the map or signage visible to the truck and/or equipment operators. 11. Good housekeeping practices shall be maintained at all times to keep waste from entering waters of the state. (a)Provide solid and hazardous waste management practices,including providing trash containers,regular site cleanup for proper disposal of solid waste such as scrap building material,product/material shipping waste,food/beverage containers,spent structural BMPs; (b)Provide containers and methods for proper disposal of waste paints,solvents,and cleaning compounds. (c)Manage sanitary waste.Portable toilets shall be positioned so that they are secure and will not be tipped or knocked over and so that they are located away from waters of the state and stormwater inlets and stormwater conveyances. (d)Ensure the storage of construction materials be kept away from drainage courses,stormwater conveyances,storm drain inlets, and low areas. 12. All fueling facilities present shall at all times adhere to applicable federal and state regulations concerning underground storage, above ground storage,and dispensers. 13. Any hazardous wastes that arc generated onsite shall be managed,stored,and transported according to the provisions of the Missouri Hazardous Waste Laws and Regulations. 14. Store all paints,solvents,petroleum products,petroleum waste products,and storage containers(such as drums,cans,or cartons) so they are not exposed to stormwater or provide other prescribed BMPs such as plastic lids and/or portable spill pans to prevent the commingling of stormwater with container contents.Commingled water may not be discharged under this permit.Provide spill prevention,control,and countermeasures to contain the spill.Any containment system used to implement this requirement shall be constructed of materials compatible with the substances contained and shall prevent the contamination of groundwater. 15. Implement measures intended to prevent the spillage or loss of fluids,oil,grease, fuel,etc. from vehicles and equipment to thereby prevent the contamination of stormwater from these substances.This may include prevention measures such as,but not limited to,utilizing drip pans under vehicles and equipment stored outdoors,covering fueling areas,using dry clean-up methods, use of absorbents,and cleaning pavement surfaces to remove oil and grease. 16. Spills,Overflows,and Other Unauthorized Discharges. (a) Any spill,overflow,or other discharge not specifically authorized in the permit above are unauthorized. (b) Should an unauthorized discharge cause or permit any contaminants to discharge or enter waters of the state,the unauthorized discharge must be reported to the appropriate Regional Office as soon as practicable but no more than 24 hours after the discovery of the discharge:If the spill or overflow needs to be reported after normal business hours or on the weekend,the facility must call the Department's Environmental Emergency Response hotline at(573)634-2436.Leaving a message on a Department staff member voice-mail does not satisfy this reporting requirement. (c) A record of all spills shall be retained with the SWPPP and made available to the Department upon request. (d) Other spills not reaching waters of the state must be cleaned up as soon as possible to prevent entrainment in stormwater but are not required to be reported to the Department. 17. The full implementation of this operating permit shall constitute compliance with all applicable federal and state statutes and regulations in accordance with RSMo 644.051.16 and the CWA§402(k);however,this permit may be reopened and modified or alternatively revoked and reissued to comply with any applicable effluent standard or limitation issued or approved under Clean Water Act SS 1(11(Kt((MOW)and(1n 4f14(hl(71 and 1f17(al(71 if the effluent ctandard nr limitatinn cn icemen nr annrnved enntainc Master General Permit MORA Page 6 of 14 in the permit.This permit may be modified,revoked and reissued,or terminated for cause.The filing of a request by the permittee for a permit modification,termination,notice of planned changes,or anticipated non-compliance does not stay any permit condition. IV.STORMWATER POLLUTION PREVENTION PLAN(SWPPP)MANAGEMENT REOUIREMENTS 1. The primary requirement of this permit is the development and implementation of a SWPPP which incorporates site specific practices to best minimize the soil exposure,soil erosion,and the discharge of pollutants,including solids. The purpose of the SWPPP is to ensure the design,implementation,management,and maintenance of BMPs in order to prevent sediment and other pollutants in stormwater discharges associated with the land disturbance activities[40 CFR 122.44(k)(4)] from entering waters of the state above established general and narrative criteria;compliance with Missouri Water Quality Standards;and compliance with the terms and conditions of this general permit. (a) The SWPPP must be developed and implemented prior to conducting any land disturbance activities and must be specific to the land disturbance activities at the site. (b) The permittee shall fully implement the provisions of the SWPPP required under this permit as a condition of this general permit throughout the term of the land disturbance project.Failure to develop,implement,and maintain a SWPPP may lead to immediate enforcement action. (c) The SWPPP is a living document and shall be updated any time site conditions warrant adjustments to the project or BMPs. (d) Either an electronic copy or a paper copy of the SWPPP,and any required reports,must be accessible to anyone on-site at all times when land disturbance operations are in process or other operational activities that may affect the maintenance or integrity of the BMP structures and made available as specified under Part VIII.STANDARD PERMIT CONDITIONS, Condition 1 of this permit.The SWPPP shall be readily available upon request and should not be sent to the Department unless specifically requested 2. A SWPPP must be developed,implemented,and maintained at the site or electronically accessible by on-site personnel.Failure to implement and maintain the BMPs chosen,which can be revised and updated,is a permit violation.The chosen BMPs will be the most reasonable and cost effective while also ensuring the highest quality water discharged attainable for the facility.Facilities with established SWPPPs and BMPs shall evaluate BMPs on a regular basis and change the BMPs as needed if there are BMP deficiencies. 3. The SWPPP must: (a) List and describe the location of all outfalls; (b) List any allowable non-stormwater discharges occurring on site and where these discharges occur; (c) Incorporate required practices identified below; (d) Incorporate sediment and erosion control practices specific to site conditions; (e) Discuss whether or not a 404 Permit is required for the project; (f) Discuss whether the discharges are in the watershed of Outstanding National or State Resource Water or in the watershed of a water impaired for sediment. (g) Name the person(s)responsible for inspection,operation,and maintenance of BMPs.The SWPPP shall list the names and describe the role of all owners/primary operators(such as general contractor,project manager)responsible for environmental or sediment and erosion control at the land disturbance site. 4. The SWPPP briefly must describe the nature of the land disturbance activity,including: (a) The function of the project(e.g.,low density residential,shopping mall,highway,etc.); (b) The intended sequence and timing of activities that disturb the soils at the site; (c) Estimates of the total area expected to be disturbed by excavation,grading,or other land disturbance support activities including off-site borrow and fill areas; (d) If within the boundaries of a regulated Municipal Separate Storm Sewer System(MS4s),list the name of the regulated MS4. 5. In order to identify the site,the SWPPP shall include site information including size in acres.The SWPPP shall have sufficient information to be of practical use to contractors and site construction workers to guide the installation and maintenance of BMPs. 6. The function of the SWPPP and the BMPs listed therein is to prevent or minimize pollution to waters of the state.A deficiency of a BMP means it was not effective in preventing or minimizing pollution of waters of the state. The permittee shall select,install,use,operate and maintain appropriate BMPs for the permitted site.The following manuals are acceptable resources for the selection of appropriate BMPs: l)vvvinnino Vnur,Clnrmwnlvr Pnllutinn Prpvpntinn Plan• A Cvidly far Cnnclrurlinn.Cifvc (T)nrnment nnmher FPA R'i1-R-f)fi-flf)41 Master General Permit MORA Page 7 of 14 information,including examples of construction SWPPPs,is available at the USEPA internet site at hops://www.epa.gov/sites/production/files/2015-10/documents/sw swppp_guide.pdf;and https://www.epa.gov/npdesldeveloping-stormwater-pollution-prevention-plan-swppp. The latest version of Protecting Water Quality:A field guide to erosion,sediment and storm water best management practices for development sites in Missouri, published by the Department.This manual is available at:hops://dnr.mo.gov/document- search/protecting-water-quality-field-guide. The permittee is not limited to the use of these guidance manuals.Other guidance publications may be used to select appropriate BMPs.However,all BMPs must be described and justified in the SWPPP.Although the use of these manuals or other resources is recommended and may be used for BMP selection,they do not supersede the conditions of this permit. They may be used to inform in the decision making process for BMP selection but they are not themselves part of the permit conditions. The permittee may retain the SWPPP,inspection reports,and all other associated documents(including a copy of this permit) electronically pursuant to RSMo 432.255.The documents must be made available to all interested persons in either paper or electronic format as required by this permit and the permittee must remit a copy(electronic or otherwise)of the SWPPP and inspection reports to the Department upon request. 7. The SWPPP must contain a legible site map,multiple maps if necessary,identifying: (a) Site boundaries of the property; (b) Locations of all waters of the state(including wetlands)within the site and half a mile downstream of the site's outfalls; (c) Location of all outfalls; (d) Direction(s)of stormwater flow(use arrows)and approximate slopes before and after grading activities; (c) Areas of soil disturbance and areas that will not be disturbed(or a statement that all areas of the site will be disturbed unless otherwise noted); (t) Location of structural and non-structural BMPs,including natural buffer areas,identified in the SWPPP; (g) Locations where stabilization practices are expected to occur; (h) Locations of on-site and off-site material,waste,borrow or equipment storage areas and stockpiles; (i) Designated points where vehicles will exit the site; (j) Location of stormwater inlets and conveyances including ditches,pipes,man-made conduits,and swales;and (k) Areas where final stabilization has been achieved. 8. An individual shall be designated by the permittee as the environmental lead.This environmental lead shall have knowledge in erosion,sediment,and stormwater control principles,knowledge of the permit,and the site's SWPPP.The environmental lead shall ensure all personnel and contractors understand any requirements of this permit may be affected by the work they are doing. The environmental lead or designated inspector(s)knowledgeable in erosion,sediment,and stormwater control principles shall inspect all structures that function to prevent or minimize pollution of waters of the state. 9. Throughout coverage under this permit,the permittee shall amend and update the SWPPP as appropriate during the term of the land disturbance activity.All SWPPP modifications shall be signed and dated.The permittee shall amend the SWPPP to incorporate any significant site condition changes which impact the nature and condition of stormwater discharges. At a minimum,these changes include whenever the: (a) Location,design,operation,or maintenance of BMPs is changed; (b) Design of the construction project is changed that could significantly affect the quality of the stormwater discharges; (c) Permittee's inspections indicate deficiencies in the SWPPP or any BMP; (d) Department notifies the permittee in writing of deficiencies in the SWPPP; (e) SWPPP is determined to be ineffective in minimizing or controlling erosion and sedimentation(e.g.,there is visual evidence of excessive site erosion or sediment deposits in streams,lakes,or downstream waterways,sediment or other wastes offsite); and/or (f) Department determines violations of water quality standards may occur or have occurred. 10. Site Inspections:The environmental lead,or a designated inspector,shall conduct regularly scheduled inspections.These inspections shall be conducted by a qualified person,one who is responsible for environmental matters at the site,or a person trained by and directly supervised by the person responsible for environmental matters at the site. Site inspections shall include,at a minimum,the following: (a) For disturbed areas that have not achieved final stabilization,all installed BMPs and other pollution control measures shall be inspected to ensure they are properly installed,appear to be operational,and are working as intended to minimize the discharge of pollutants. thl Fnr areas nn cite that have achieved either temnnrary nr final ctshili7atinn while at the came time active ennctnrctinn Master General Permit MORA Page 8 of 14 working as intended to minimize the discharge of pollutants. (c) Inspect all material,waste,borrow,and equipment storage,and maintenance areas that are covered by this permit.Inspect for conditions that could lead to spills,leaks,or other accumulations of pollutants on the site. (d) Inspect all areas where stormwater typically flows within the site,including drainage ways designed to divert,convey,and/or treat stormwater. (e) All stormwater outfalls shall be inspected for evidence of erosion,sediment deposition,or impacts to the receiving stream.If a discharge is occurring during an inspection,the inspector must observe and document the visual quality of the discharge, and take note of the characteristics of the stormwater discharge,including turbidity,color;odor;floating,settled,or suspended solids;foam;oil sheen;and other indicators of stormwater pollutants. (f) When practicable the receiving stream shall also be inspected for a minimum of 50 feet downstream of the outfall. (g) The perimeter of the site shall be inspected for evidence of BMP failure to ensure concentrated flow does not develop a new outfall. (h) The SWPPP must explain how the environmental lead will be notified when stormwater runoff occurs. 11. Inspection Frequency:All BMPs must be inspected in accordance to one of the schedules listed below.The inspection frequency shall be documented in the SWPPP,and any changes to the frequency of inspections,including switching between the options listed below,must be documented on the inspection form: (a) At least once every seven(7)calendar days and within 48 hours after any storm event equal to or greater than a 2-year,24- hour storm has ceased during a normal work day or within 72 hours if the rain event ceases during a non-work day such as a weekend or holiday;or (b) Once every 14 calendar days and within 24 hours of the occurrence of a storm event of 0.25 inches of precipitation or greater, or the occurrence of runoff from snowmelt.To determine if a storm event of 0.25 inches or greater has occurred on the site, the permittec shall either keep a properly maintained rain gauge on site,or obtain the storm event information from a weather station near the site location. 1) Inspections are only required during the project's normal working hours. 2) An inspection must be conducted within 24 hours of a storm event which has produced 0.25 inches.The inspection shall be conducted within 24 hours of the event end,or within 72 hours if the rain event ceases during a non-work day such as a weekend or holiday. 3) If it is elected to inspect every 14 calendar days and there is a storm event at the site that continues for multiple days,and each day of the storm produces 0.25 inches or more of rain,the permittee shall conduct an inspection within 24 hours of the end of the storm or within 72 hours if the rain event ceases during a non-work day such as a weekend or holiday. (c) For any portion of the site that discharges within the watershed of an Outstanding National or State Resource Water or a water impaired for sediment,inspections shall be inspected once every seven(7)calendar days and within 24 hours of the occurrence of a storm event of 0.25 inches or greater,or when the occurrence of runoff flow from frozen or snowmelt is sufficient to cause a discharge. (d) Areas on-site that have achieved stabilization,while at the same time active construction continues on other areas,may reduce inspection frequency to monthly,for those stabilized areas,if the following conditions exist: 1) For areas where disturbed portions have undergone temporary stabilization,inspections shall occur at least once a month while stabilized and when re-disturbed shall follow either frequency outlined in(a),(b),or(c)above. 2) Areas on-site that have achieved final stabilization must be inspected at least once per month until the permit is terminated. (e) If construction activities are suspended due to frozen conditions,the permittee may temporarily reduce site inspections to monthly until thawing conditions begin to occur if all of the following are met: I) Land disturbances have been suspended;and 2) All disturbed areas of the site have been stabilized in accordance with Part V.BMP REQUIREMENTS,Condition 13. 3) The change shall be noted in the SWPPP. (0 Any basin dewatering shall be inspected daily when discharge is occurring.The discharge shall be observed and dewatering activities shall be ceased immediately if the receiving stream is being impacted. These inspections shall be noted on a log or on the inspection report. If weather conditions or other issues prevent correction of BMPs within seven calendar days,the reasons for the delay must be documented(including pictures)and there must be a narrative explaining why the work cannot be accomplished within the seven day time period.The documentation must be filed with the regular inspection reports.The corrections shall be made as soon as weather conditions or other issues allow. 12. Site Inspection Reports:A log of each inspection and/or copy of the inspection report shall be kept readily accessible and must be made available upon request by the Department.Electronic logs are acceptable as long as reports can be provided within 24 hours. If inspection reports are kept off-site,the SWPPP must indicate where they arc stored.The inspection report shall be signed by the envirnnmental lead nr dreionated in.cneetnr(elertrnnirally nr ntherwi.ce.l Master General Permit MORA Page 9 of 14 1) Inspector's name and title. 2) Date and time of inspection. 3) Observations relative to the effectiveness of the BMPs and stabilization measures.The following must be documented: a. Whether BMPs are installed,operational,and working as intended; b. Whether any new or modified stormwater controls are needed; c. Facilities examined for conditions that could lead to spill or leak; d. Outfalls examined for visual signs of erosion or sedimentation at outfalls.Excessive erosion or sedimentation may be due to BMP failure or insufficiency.Response to observations should be addressed in the inspection report. 4) Corrective actions taken or necessary to correct the observed problem. 5) Listing of areas where land disturbance operations have permanently or temporarily stopped. 13. Any structural or maintenance deficiencies for BMPs or stabilization measures shall be documented and corrected as soon as possible but no more than seven(7)calendar days after the inspection. (a) Corrective action documentation shall be stored with the associated site inspection report. (b) Immediately take all reasonable steps to address the condition,including cleaning up any contaminated surfaces so the material will not discharge in subsequent storm events. (c) If weather conditions or other issues prevent correction of BMPs within seven calendar days,the reasons for the delay must be documented(this may include pictures)and there must be a narrative explaining why the work cannot be accomplished within the seven day time period.The permittee shall correct the problem as soon as weather conditions or issues allow. (d) Corrective actions may be required by the Department.The permittee must comply with any corrective actions required by the Department as a result of permit violations found during an inspection. V.BMIP REOUJREMENTS 1. The information,practices,and BMP requirements in this section shall be implemented on site and,where noted,provided for in the SWPPP. 2. Existing vegetation and trees shall be preserved where practicable.The permittee is encouraged to preserve topsoil where practicable.Trees designated for preservation should have a protective barrier outside of the dripline,or the area directly located under the outer reaches of the tree's branches. 3. The permittee shall select appropriate BMPs for use at the site and list them in the SWPPP.When selecting effective BMPs,the permittee shall consider stormwater volume and velocity and shall incorporate more than one BMP and sequential treatment devices where the use of a single BMP is ineffective to prevent or minimize sediment or other pollutants from leaving the site. Permittee should consider a schedule for performing erosion control measures when selecting BMPs. 4. The SWPPP shall include a description of both structural and non-structural BMPs that will be used at the site. (a) The SWPPP shall provide the following general information for each BMP which will be used one or more times at the site: 1) Physical description of the BMP; 2) Site conditions that must be met for effective use of the BMP; 3) BMP installation/construction procedures,including typical drawings;and 4) Operation and maintenance procedures and schedules for the BMP. (b) The SWPPP shall provide the following information for each specific instance where a BMP is to be installed: 1) Whether the BMP is temporary or permanent; 2) When the BMP will be installed in relation to each phase of the land disturbance procedures to complete the project;and 3) Site conditions that must be met before removal of the BMP if the BMP is not a permanent BMP. 5. Structural BMP Installation:The permittee shall ensure all BMPs are properly installed and operational at the locations and relative times specified in the SWPPP. (a) Perimeter control BMPs for runoff from disturbed areas shall be installed or existing vegetative areas marked for preservation before general site clearing is started.Note this requirement does not apply to earth disturbances related to initial site clearing and establishing entry,exit,or access of the site,which may require that stormwater controls be installed immediately after the earth disturbance. (b) For phased projects,BMPs shall be properly installed as necessary prior to construction activities. (c) Stormwater discharges which leave the site from disturbed areas shall pass through an appropriate impediment to sediment movement such as a sedimentation basin,sediment traps(including vegetative buffers),or silt fences prior to leaving the land disturbance site. (ill A drainage enrtrce chance shall he clearly markerl nn n cite man and rlecerihrri in the SWPPP Master General Permit MORA Page 10 of 14 necessary to seed or plant the area are completed.Vegetative stabilization is not considered`operational"until the vegetation is established. 6. Install sediment controls along any perimeter areas of the site that are downgradient from any exposed soil or other disturbed areas.Prevent stormwater from circumventing the edge of the perimeter control. For sites where perimeter controls are infeasible, other practices shall be implemented to minimize discharges to perimeter areas of the site. 7. For surface waters of the state,defined in Section 644.016.1(27)RSMo,located on or adjacent to the site,the permittee must maintain a riparian buffer or structural equivalent in accordance with at least one of the following options.The selection and location must be described in the SWPPP. (a) Provide and maintain a 50-foot undisturbed natural buffer;or (b) Provide and maintain an undisturbed natural buffer that is less than 50 feet and is supplemented by erosion and sediment controls that achieve the sediment load reduction equivalent to a 50-foot undisturbed natural buffer;or (c) If infeasible to provide and maintain an undisturbed natural buffer of any size,implement erosion and sediment controls to achieve the sediment load reduction equivalent to a 50-foot undisturbed natural buffer. (d) The permittee is not required to comply with(a),(b),or(c)above if one or more of the following exceptions apply and documentation is provided in the SWPPP: 1) If there is no discharge of stormwater to waters of the state through the area between the disturbed portions of the site and waters of the state located within 50 feet of the site.This includes situations where the permittee has implemented permanent control measures that will prevent such discharges,such as a berm or other barrier. 2) Where no natural buffer exists due to preexisting development disturbances that occurred prior to the initiation of planning for the current development of the site. a.Where some natural buffer exists but portions of the area within 50 feet of the waters of the state are occupied by preexisting development disturbances the permittee is required to comply with(a),(b),or(c)above. 3) For linear projects where site constraints make it infeasible to implement a buffer or equivalent provided the permittee limit disturbances within 50 feet of any waters of the state and/or the permittee provides supplemental erosion and sediment controls to treat stormwater discharges from earth disturbances within 50 feet of the water of the state.The permittee must also document in the SWPPP the rationale for why it is infeasible for the permittee to implement(a),(b), or(c)and describe any buffer width retained and supplemental BMPs installed. (e) Where the permittee is retaining a buffer of any size,the buffer should be measured perpendicularly from any of the following points,whichever is further landward from the water: 1) The ordinary high water mark of the water body,defined as the line on the shore established by fluctuations of water and indicated by physical characteristics such as a clear,natural line impressed on the bank,shelving,changes in the character of soil,destruction of terrestrial vegetation,and/or the presence of litter and debris;or 2) The edge of the stream or river bank,bluff,or cliff,whichever is applicable. 8. Slopes for disturbed areas must be identified in the SWPPP.A site map or maps defining the sloped areas for all phases of the project must be included in the SWPPP.The disturbance of steep slopes shall be minimized. 9. Manage stockpiles or land clearing debris piles composed,in whole or in part,of sediment and/or soil. (a) Locate the piles outside of any natural buffers zones,established under the condition above,and away from any stormwater conveyances,drain inlets,and areas where stormwater flow is concentrated; (b) Install a sediment barrier along all downgradicnt perimeter areas; (c) Prevent stormwater flows from causing erosion of stockpiles,for example,by diverting flows around them. (d) For piles that will be unused for 14 or more days,provide cover with appropriate temporary stabilization in accordance with Part V.BMP REQUIREMENTS,Condition 13. (e) Rinsing,sweeping,or otherwise placing any soil,sediment,debris,or stockpiled product which has accumulated on pavement or other impervious surfaces into any stormwater conveyance,storm drain inlet,or water of the state is prohibited. 10. The site shall include BMPs for pollution prevention measures and shall be noted in the SWPPP.At minimum such measures must be designed,installed,implemented,and maintained to: (a) Minimize the discharge of pollutants from equipment and vehicle rinsing;no detergents,additives,or soaps of any kind shall be used.Rinse waters must be treated in a sediment basin or alternative control that provides equivalent or better treatment prior to discharge; (b) Minimize the exposure of building materials,building products,construction wastes,trash,landscape materials,fertilizers, pesticides,herbicides,detergents,sanitary waste,and other materials present on the site to precipitation and to stormwater; (c) Minimize the discharge of pollutants from spills and leaks and implement chemical spill and leak prevention and response procedures,including,but not limited to,the installation of containment berms and use of drip pans at petroleum product and lirniirt ctnraae tanks and rnntainerc•and Master General Permit MORA Page 11 of 14 11. Sedimentation Basins:The SWPPP shall include a sedimentation basin for each drainage area with ten or more acres disturbed at one time. (a) The sedimentation basin shall be sized,at a minimum,to treat a local 2-year,24-hour storm. (b) Sediment basins shall not be constructed in any waters of the state or natural buffer zones. (c) Discharges from dewatering activities shall be managed by appropriate controls.The SWPPP shall include a description of any anticipated dewatering methods and specific BMPs designed to treat dewatering water. 1) Appropriate controls include,but are not limited to,sediment socks,dewatering tanks,tube settlers,weir tanks,filtration systems(e.g.bag or sand filters),and passive treatment systems that are designed to remove or retain sediment. 2) Erosion controls and velocity dissipation devices(e.g.check dams,riprap,and vegetated buffers)to prevent erosion at inlets,outlets,and discharge points shall be utilized. 3) Water with an oil sheen shall not be discharged and shall be marked in SWPPP. 4) Visible floating solids and foam shall not be discharged. (d) Until final stabilization has been achieved,sediment basins and impoundments shall utilize outlet structures or floating skimmers that withdraw water from the surface when discharging. 1) Under frozen conditions,it may be considered infeasible to withdraw water from the surface and an exception can be made for that specific period as long as discharges that may contain sediment and other pollutants are managed by appropriate controls.If determined infeasible due to frozen conditions,documentation must be provided in the SWPPP to support the determination,including the specific conditions or time period when this exception applies. (e) Accumulated sediment shall not exceed 25%of total volume or as prescribed in the design,whichever is less.Note in the SWPPP the locations for disposal of the material removed from sediment basins. (t) Prevent discharges to the receiving stream causing visual turbidity.For the purposes of this permit,visual turbidity refers to a sediment plume or other cloudiness in the water caused by sediment that can be identified by an observer. (g) The SWPPP shall require the basin be maintained until final stabilization of the disturbed area served by the basin. Where use of a sediment basin is infeasible,the SWPPP shall evaluate and specify other similarly effective BMPs to be employed to control erosion and sediment.These similarly effective BMPs shall be selected from appropriate BMP guidance documents authorized by this permit.The BMPs must provide equivalent water quality protection to achieve compliance with this permit. The SWPPP shall require both temporary and permanent sedimentation basins to have a stabilized spillway to minimize the potential for erosion of the spillway or basin embankment. 12. Soil disturbing activities on site that have ceased either temporarily or permanently shall initiate stabilization immediately in accordance with the options below.For soil disturbing activities that have been temporarily ceased on any portion of the site and will not resume for a period exceeding 14 calendar days: (a) The permittee shall construct BMPs to establish interim stabilization;and (b) Stabilization must be initiated immediately and completed within 14 calendar days. (c) For soil disturbing activities that have been permanently ceased on any portion of the site,final stabilization of disturbed areas must be initiated immediately and completed within 14 calendar days. 1) Extension to the 14-day completion period for temporary and final stabilization may be made due to weather and equipment malfunctions.In these circumstances,the justification for the extension to the 14 day shall be documented in the SWPPP.The discontinuation or continuation of the extension may be determined by review of the Department staff when on site. (d) Until stabilization is complete,interim sediment control shall consist of well-established and maintained BMPs that are reasonably certain to protect waters of the state from sediment pollution over an extended period of time.This may require adding more BMPs to an area than is normally used during daily operations.The types of BMPs used must be suited to the area disturbed,taking into account the number of acres exposed and the steepness of the slopes.If the slope of the area is greater than 3:1 (three feet horizontal to one foot vertical)or if the slope is greater than 3%and greater than 150 feet in length,then the permittee shall establish interim stabilization within seven days of ceasing operations on that part of the site. The following activities would constitute the immediate initiation of stabilization: 1) Prepping the soil for vegetative or non-vegetative stabilization as long as seeding,planting,and/or installation of non- vegetative stabilization products takes place as soon as practicable; 2) Applying mulch or other non-vegetative product to the exposed areas; 3) Seeding or planting the exposed areas; 4) Finalizing arrangements to have stabilization product fully installed in compliance with the deadlines for completing stabilization. (e) If vegetative stabilization measures are being implemented,stabilization is considered"installed"when all activities necessary to seed or plant the area are completed.Installed does not mean established. (f) If non-vegetative stabilization measures are being implemented,stabilization is considered"installed"when all such meacrrree are imnlrmentrrl nr annlie 1 Master General Permit MORA Page 12 of 14 stormwater. (g) Final stabilization is not considered achieved until vegetation has grown and established to meet the requirements below. 13. Prior to removal of BMPs,ceasing site inspections,and requesting termination of the permit,final stabilization must be achieved. Final stabilization shall be achieved as soon as possible once land disturbance activities have ceased.Document in the SWPPP the type of stabilization and the date final stabilization is achieved. (a) The project is considered to have achieved final stabilization when perennial vegetation(excluding volunteer vegetation), pavement,buildings,or structures using permanent materials(i.e.riprap,gravel,etc.)cover all areas that have been disturbed. With respect to areas that have been vegetated,vegetation must be at least 70%coverage of 100%of the vegetated areas on site.Vegetation must be evenly distributed. (b) Disturbed areas on agricultural land are considered to have achieved final stabilization when they are restored to their preconstruction agricultural use.If former agricultural land is changing to non-agricultural use,this is no longer considered agricultural land and shall follow condition(a). (c) If the intended function of a specific area of the site necessitates that it remain disturbed,final stabilization is considered achieved if all of the following are met: 1) Only the minimum area needed remains disturbed(i.e.dirt access roads,motocross tracks,utility pole pads,areas being used for storage of vehicles,equipment,materials).Other areas must meet the criteria above. 2) Permanent structural BMPs(rock checks,berms,grading,etc.)or non-vegetative stabilization measures are implemented and designed to prevent sediment and other pollutants from entering waters of the state. 3) Inspection requirements in Part IV.SWPPP MANAGEMENT REQUIREMENT,Condition 11 are met and documented in the SWPPP. (d) Winter weather and frozen conditions do not excuse any of the above final stabilization requirements.If vegetation is required for stabilization the permittee must maintain BMPs throughout winter weather and frozen conditions until thawing and vegetation meets final stabilization criteria above. Document stabilization attempts during frozen conditions in the SWPPP.Consider future freezing when removing vegetation and plan with temporary stabilization techniques before the ground becomes frozen. VI.PERMIT TERMINATION 1. Until the permittee terminates coverage under this permit,the permittee must comply with all conditions in the permit,including continuation of site inspections and public notification signage posted.To terminate permit coverage,the permittee must submit to the appropriate Regional Office a complete and accurate Request for Termination of Operating Permit which certifies that the site meets the following requirements: (a) For any areas that(1)were disturbed during construction,(2)are not covered over by permanent structures,and(3)over which the permittee had control during the construction activities,the requirements for final vegetative or non-vegetative stabilization in Part V BMP REQUIREMENTS,Condition 13; (b) The permittee has removed and properly disposed of all construction materials,waste,and waste handling devices and has removed all equipment and vehicles that were used during construction,unless intended for long-term use following termination of permit coverage; (c) The permittee has removed all temporary BMPs that were installed and maintained during construction,except those that are intended for long-term use following termination of permit coverage or those that are biodegradable;and (d) The permittee has removed all potential pollutants and pollutant-generating activities associated with construction,unless needed for long-term use following termination of permit coverage. The Department may request photographs that clearly document compliance with termination requirements. 2. The permit may be terminated if; (a)There has been a transfer of control of all areas of the site for which the current permittec is responsible under this permit to another operator,and that operator has obtained coverage under this permit;or (b)Coverage under an individual or alternative general NPDES permit,with land disturbance conditions,has been obtained. VII.SAM['LING R EOUIREM ENTS The permittee is not required to sample stormwater under this permit.The Department may require sampling and reporting as a result of illegal discharges,compliance issues related to water quality concerns or BMP effectiveness,or evidence of off-site impacts from activities at the site.If such an action is needed,the Department will specify in writing the sampling requirements, inrhttlino curb infnrmatinn ac lnratinn and extent If the nermittee refitce.c to nerfnrm camnlino when rennired the Department Master General Permit MORA Page 13 of 14 VIII.STANDARD PERMIT CONDITIONS 1. Records:The permittee shall retain copies of this general permit,the SWPPP and all amendments for the site named in the State Operating Permit,results of any monitoring and analysis,and all site inspection records required by this general permit. (a) The records shall be accessible during normal business hours and retained for a period of at least three(3)years from the date of termination. (b) The permittee shall provide a copy(electronic or otherwise)of the SWPPP to the Department,USEPA,or any local agency or government representative if they request a copy in the performance of their official duties within 24 hours of the request (or next working day),unless given more time by the representative. (c) The permittee shall provide a copy of the SWPPP to those who are responsible for installation,operation,or maintenance of any BMP.The permittee,their representative,and/or the contractor(s)responsible for installation,operation and maintenance of the BMPs shall have a current copy of the SWPPP with them when on the project site. 2. Land Ownership and Change of Ownership:Federal and Missouri stormwater regulations[10 CSR 20-6.200(1)(B)]require a stormwater permit and erosion control measures for all land disturbances of one or more acres.These regulations also require a permit for land disturbance sites less than one acre if the lot is part of a larger common plan of development or sale. (a) If the permittee sells any portion of the permitted site to a developer for commercial,industrial,or residential use,this land remains a part of the common sale and the new owner must obtain a permit prior to conducting any land disturbance activity. Therefore,the original permittee must amend the SWPPP to show that the property has been sold and,therefore,no longer under the original permit coverage. (b) Property of any size which is part of a larger common plan of development where the property has achieved final stabilization and the original permit terminated will require application of a new land disturbance permit for any future land disturbance activity unless the activity is by an individual residential building lot owner on a site less than one acre. (c) If a portion of a larger common plan of development is sold to an individual for the purpose of building his or her own private residence,a permit is required if the disturbed portion of the land sold is equal to or greater than one acre.No permit is required,however,for less than one acre of land disturbed on the portion sold. 3. Permit Transfer:This permit may not be transferred to a new owner in any fashion except by submitting an Application for Transfer of Operating Permit signed by the seller and buyer of the site along with the appropriate modification fee.In some cases, revocation and reissuance may be necessary. Facilities that undergo transfers of ownership without notice to the Department are considered to be operating without a permit. 4. Termination:This permit may be terminated when the project has achieved final stabilization,defined in Part VI.PERMIT TERMINATION. (a) In order to terminate the permit,the permittcc shall notify the Department by submitting the form Request for Termination of Operating Permit Form MO 780-2814.The form should be submitted to the appropriate Regional Office or through an approved electronic system if it should become available. (b) The Cover Page(Certificate Page)of the Master General Permit for Land Disturbance specifies the"effective date"and the "expiration date"of the Master General Permit.The"issued date"along with the"expiration date"will appear on the State Operating Permit issued to the applicant.This permit does not continue administratively beyond the expiration date. 5. Duty to Reapply:If the project or development completion date will be after the expiration date of this general permit,then the permitter must reapply to the Department for a new permit.This permit may be applied for and issued electronically in accordance with Section 644.051.10,RSMo. (a) Due to the nature of the electronic permitting system,a period of time may be granted at the discretion of the Department in order to apply for a new permit after the new version is effective.Applicants must maintain appropriate best management practices and inspections during the discretionary period. 6. Duty to Comply:The permittee must comply with all conditions of this permit.Any permit noncompliance constitutes a violation of the Missouri Clean Water Law and Federal Clean Water Act and is grounds for enforcement action;for permit termination, revocation and reissuance,or modification;or denial of a permit renewal application. 7. Modification,Revocation,and Reopening: (a) If at any time the Department determines that the quality of waters of the state may be better protected by reopening this permit,or revoking this permit and requiring the owner/operator of the permitted site to apply for a site-specific permit,the flenartment may revoke a oeneral hermit and rennire anv nercnn to nhtain arch an nneratino nermit ac anthnri7ed by 1(1 Master General Permit MORA Page 14 of 14 (b) If this permit is reopened,modified,or revoked pursuant to this Section,the permittee retains all rights under Chapter 536 and 644 Revised Statutes of Missouri upon the Department's reissuance of the permit as well as all other forms of administrative,judicial,and equitable relief available under law. 8. Other Information:Where the permittee becomes aware that it failed to submit any relevant facts in a permit application or submitted incorrect information in a permit application or in any report to the Department,it shall promptly submit such facts or information. 9. Duty to Provide Information:The permittee shall furnish to the Department,within 24 hours unless explicitly granted more time in writing,any information which the Department may request to determine whether cause exists for modifying,revoking and reissuing,or terminating this permit or to determine compliance with this permit.The permittee shall also furnish to the Department upon request,copies of records required to be kept by this permit. 10. Inspection and Entry:The permittee shall allow the Department,or an authorized representative(including an authorized contractor acting as a representative of the Department),upon presentation of credentials and other documents as may be required by law,to: (a) Enter upon the permittee's premises where a regulated facility or activity is located or conducted or where records must be kept under the conditions of the permit; (b) Have access to and copy,at reasonable times,any records that must be kept under the conditions of this permit; (c) Inspect at reasonable times any facilities,equipment(including monitoring and control equipment),practices,or operations regulated or required under this permit;and (d) Sample or monitor at reasonable times,for the purposes of assuring permit compliance or as otherwise authorized by the Federal Clean Water Act or Missouri Clean Water Law,any substances or parameters at any location. 11. Signatory Requirement: (a) All permit applications,reports required by the permit,or information requested by the Department shall be signed and certified.(See 40 CFR 122.22 and 10 CSR 20-6.010) (b) The Federal Clean Water Act provides that any person who knowingly makes any false statement,representation,or certification in any record or other document submitted or required to be maintained under this permit(including monitoring reports or reports of compliance or non-compliance)shall,upon conviction,be punished by a fine of not more than$10,000 per violation,or by imprisonment for not more than six(6)months per violation,or by both. (c) The Missouri Clean Water Law provides that any person who knowingly makes any false statement,representation or certification in any application,record,report,plan,or other document filed or required to be maintained pursuant to sections 644.006 to 644.141 shall,upon conviction,be punished by a fine of not more than ten thousand dollars,or by imprisonment for not more than six months,or by both. 12. Property Rights:This permit does not convey any property rights of any sort or any exclusive privilege. 13. Notice of Right to Appeal:If you were adversely affected by this decision,you may be entitled to pursue an appeal before the administrative hearing commission(AHC)pursuant to Sections 621.250 and 644.051.6 RSMo.To appeal,you must file a petition with the AHC within thirty days after the date this decision was mailed or the date it was delivered,whichever date was earlier.If any such petition is sent by registered mail or certified mail,it will be deemed filed on the date it is mailed;if it is sent by any method other than registered mail or certified mail,it will be deemed filed on the date it is received by the AHC. Any appeal should be directed to: Administrative Hearing Commission U.S.Post Office Building,Third Floor 131 West High Street,P.O.Box 1557 Jefferson City,MO 65102-1557 Phone: 573-751-2422 Fax:573-751-5018 Website:https://ahc.mo.gov MORA Fact Sheet Page l of 14 MISSOURI DEPARTMENT OF NATURAL RESOURCES FACT SHEET FOR MASTER GENERAL PERMIT MO-RAxxxxx The Federal Water Pollution Control Act[Clean Water Act(CWA)]Section 402 of Public Law 92-500(as amended)established the National Pollution Discharge Elimination System(NPDES)permit program.This program regulates the discharge of pollutants from point sources into the waters of the United States and the release of stormwater from certain point sources.All such discharges are unlawful without a permit(Section 301 of the CWA).After a permit is obtained,a discharge not in compliance with all permit terms and conditions is unlawful.Missouri State Operating Permits(permit)are issued by the Missouri Department of Natural Resources (Department)under an approved program operated in accordance with federal and state laws(Federal CWA and Missouri Clean Water Law Section 644 as amended).Permits are issued for a period of five(5)years unless otherwise specified. Per 40 CFR 124.56,40 CFR 124.8,and 10 CSR 20-6.020(1)(A)2,a Fact Sheet shall be prepared to give pertinent information regarding the applicable regulations,rationale for the development of effluent limitations and conditions,and the public participation process for the permit.A Fact Sheet is not an enforceable part of an MSOP. DEFINITIONS FOR THE PURPOSES OF THIS PERMIT: Common Promotional Plan:A plan undertaken by one(I)or more persons to offer lots for sale or lease;where land is offered for sale by a person or group of persons acting in concert,and the land is contiguous or is known,designated,or advertised as a common unit or by a common name or similar names,the land is presumed,without regard to the number of lots covered by each individual offering,as being offered for sale or lease as part of a common promotional plan. Dewatering:The act of draining rainwater and/or groundwater from basins,building foundations,vaults,and trenches. Effective Operating Condition:For the purposes of this permit,a stormwater control is kept in effective operating condition if it has been implemented and maintained in such a manner that it is working as designed to minimize pollutant discharges. Emergency-Related Project:A projcct initiated in response to a public emergency(e.g.earthquakes,extreme flooding conditions, tornado,disruptions in essential public services,pandemic)for which the related work requires immediate authorization to avoid imminent endangerment to human health/safety or the environment or to reestablish essential public services. Exposed Soils:For the purposes of this permit,soils that as a result of earth-disturbing activities are left open to the elements. Immediately:For the purposes of this permit,immediately should be defined as within 24 hours. Impervious Surface:For the purpose of this permit,any land surface with a low or no capacity for soil infiltration including,but not limited to,pavement,sidewalks,parking areas and driveways,packed gravel or soil,or rooftops. Infeasible:Infeasible means not technologically possible or not economically practicable and achievable in light of best industry practices. Install or Installation:When used in connection with stormwater controls,to connect or set in position stormwater controls to make them operational. Land Disturbance Site or Site:The land or water area where land disturbance activities will occur and where stormwater controls will be installed and maintained.The land disturbance site includes construction support activities,which may be located at a different part of the property from where the primary land disturbance activity will take place or on a different piece of property altogether.Off-site borrow areas directly and exclusively related to the land disturbance activity are part of the site and must be permitted. Larger Common Plan of Development or Sale:A continuous area where multiple separate and distinct construction activities are occurring under one plan,including any offsite borrow areas that are directly and exclusively related to the land disturbance activity. Off-site borrow areas utilized for multiple different land disturbance projects are considered their own entity and are not part of the larger common plan of development or sale. See definition of Common Promotional Plan to understand what a`common plan'is. Minimize:To reduce and/or eliminate to the extent achievable using stormwater controls that are technologically available and economically practicable and achievable in light of best industry practices. MORA Fact Sheet Page 2 of 14 pollutants that are generated in the landscape.Examples of non-structural BMPs include picking up trash and debris,sweeping up nearby sidewalks and streets,maintaining equipment,and training site staff on stormwater control practices. Operational:for the purposes of this permit,stormwater controls are made"operational"when they have been installed and implemented,are functioning as designed,and are properly maintained. Ordinary High Water Mark:The line on the shore established by fluctuations of water and indicated by physical characteristics such as a clear,natural line impressed on the bank,shelving,changes in the character of soil,destruction of terrestrial vegetation,and/or the presence of litter and debris. Outfall: For the purposes of this permit,outfalls are locations where stormwater exits the site property,including pipes,ditches, swales,channels,or other conduits that transport stormwater discharges associated with the construction activity. Peripheral:For the purposes of this permit,peripheral should be defined as the outermost boundary of the area that will be disturbed. Permanently:For the purposes of this permit,permanently is defined as any activity that has been ceased without any intentions of future disturbance. Pollution Prevention Controls tor Measures): Stormwater controls designed to reduce or eliminate the addition of pollutants to construction site discharges through analysis of pollutant sources,implementation of proper handling/disposal practices,employee education,and other actions. Qualified Person(inspections):A person knowledgeable in the principles and practice of erosion and sediment controls and pollution prevention who possesses the appropriate skills and training to assess conditions at the construction site that could impact stormwater quality and the appropriate skills and training to assess the effectiveness of any stormwater controls selected and installed to meet the requirements of this permit. Stormwater Control(also referred to as sediment/erosion controls):refers to any temporary or permanent BMP or other method used to prevent or reduce the discharge of pollutants to waters of the state. Structural BMP;Physical sediment/erosion controls working individually or as a group(treatment train)appropriate to the source, location,and area climate for the pollutant to be controlled.Examples of structural BMPs include silt fences,sedimentation ponds, erosion control blankets,and seeding. Temporary Stabilization:A condition where exposed soils or disturbed areas arc provided temporary vegetation and/or non-vegetative protective cover to prevent erosion and sediment loss.Temporary stabilization may include temporary seeding,geotextiles,mulches, and other techniques to reduce or eliminate erosion until either final stabilization can be achieved or until further construction activities take place to re-disturb this area. Treatment Train:A multi-BMP approach to managing the stormwater volume and velocity and often includes erosion prevention and sediment control practices often applied when the use of a single BMP is inadequate in preventing the erosion and transport of sediment.A good option to utilize as a corrective action. Volunteer Vegetation:A volunteer plant is a plant that grows on its own,rather than being deliberately planted for stabilization purposes.Volunteers often grow from seeds that float in on the wind,are dropped by birds,or are inadvertently mixed into soils. Commonly,volunteer vegetation is referred to as`weeds'.This does not meet the requirements for final stabilization. Waters of the State. Section 644.016.1(27)RSMo.defines waters of the state as,"All waters within the jurisdiction of this state, including all rivers,streams,lakes and other bodies of surface and subsurface water lying within or forming a part of the boundaries of the state which are not entirely confined and located completely upon lands owned,leased or otherwise controlled by a single person or by two or more persons jointly or as tenants in common." EXAMPLES OF TYPES;BUT NOT LIMITED TO'S: Building materials and building products typically present at constructions sites:Asphalt sealants,copper flashing,roofing materials, adhesives,concrete admixtures,and gravel and mulch stockpiles Construction and domestic(solid)waste:Packaging materials,scrap construction materials,masonry products,timber,pipe and electrical cuttings,plastics,Styrofoam,concrete,demolition debris,and other trash or building materials. MORA Fact Sheet Page 3 of 14 Pollutant-generating activities:Paving operations;concrete,paint,and stucco washout and waste disposal;solid waste storage and disposal;and dewatering activities. Types of pollutants typically found at constructions sites: Sediment;nutrients;heavy metals;pesticides and herbicides;oil and grease; bacteria and viruses;trash,debris,and solids;treatment polymers;and any other toxic chemicals. BMPs for Erosion Control:Temporary/permanent seeding,hydroseeding,mulch and hydromulch,erosion control blankets,dust control,sodding,slope protection,and preservation of existing vegetation. BMPs for Sediment Control: Fabric drop inlet protection,excavated drop inlet protection,block and gravel inlet protection,domed inlet protection,inlet bag or insert,silt fence,temporary diversion,right-of-way/diversion bar,temporary slope drain,subsurface drain,rock outlets,berms,filter socks,transition mats,temporary sediment trap,energy dissipaters,rock check dam,ditch checks, wattles,straw bale barrier,vegetative buffer strip,sediment basin,particle curtains,frog logs,and dispersion fields. EPERMITTING FOR LAND DISTURBANCE In order to apply for the states MO-RA land disturbance permit you will need to utilize the Department's online ePermitting system.In order to access this,you will need to register an account with the Missouri Gateway for Environmental Management(MoGEM).The following user guides will assist you with this process. MoGEM Website:https://dnr.mo.gov/data-e-services/missottri-gateway-environmental-management-mogcm ePermitting Website:hops://dnr.mo.gov/data-e-services/water/electronic-permitting-epenniuing How to Register:hops://dnr.mo.gov/document-search/registering-new-user-account-within-missouri-gateway-environmental- management-mogcm-portal ePermitting User Guides:(found on ePermitting website) - How to Add a Facility:hops://dnr.mo.gov/document-search/epennitting-chapter-2-home-facility-search-associate-new-facility - How to Apply for a Permit:hops://dnr.mo.gov/document-search/epermitting-chapter-3-create-new-permit. PART I—BASIC PERMIT INFORMATION Facility Type: Industrial Stormwater;Land Disturbance Facility SIC Codc(s): 1629 Facility Description: Construction or land disturbance activity(e.g.,clearing,grubbing,excavating,grading,filling,and other activities that result in the destruction of the root zone and/or land disturbance activity that is reasonably certain to cause pollution to waters of the state). This permit establishes a SWPPP requirement for pollutants of concern from all facilities covered under this permit. 10 CSR 20- 6.200(7)specifies"general permits shall contain BMP requirements and/or monitoring and reporting requirements to keep the stormwater from becoming contaminated". Land disturbance activities include clearing,grubbing,excavating,grading,filling and other activities that result in the destruction of the root zone and/or other activities that are reasonably certain to cause pollution to waters of the state. A Missouri State Operating Permit for land disturbance permit is required for construction disturbance activities of one or more acres, or for construction activities that disturb less than one acre when they are part of a larger common plan of development or sale that will disturb a cumulative total of one or more acres over the life of the project per 10CSR 20-6.200(1)(D)28. The primary requirement of a land disturbance permit is the development of a SWPPP which incorporates site-specific BMPs to minimize soil exposure,soil erosion,and the discharge of pollutants.The SWPPP ensures the design,implementation,management and maintenance of BMPs in order to prevent sediment and other pollutants from leaving the site. When it precipitates,stormwater washes over the loose soil on a construction site and various other materials and products being stored outside.As stormwater flows over the site,it can pick up pollutants like sediment,debris,and chemicals from the loose soil and transport them to nearby storm sewer systems or directly into rivers,lakes,or coastal waters.The Missouri Department of Natural Resources is responsible for ensuring that construction site operators have the proper stormwater controls in place so that construction can proceed in a way that protects your community's clean water and the surrounding environment.One way the department helps MORA Fact Sheet Page 4 of 14 Local conditions are not considered when developing conditions for a general permit.A facility may apply for a site-specific permit if they desire a review of site-specific conditions. CHANGES TO THE RENEWAL OF THIS PERMIT INCLUDE: While drafting this permit for renewal,the Department hosted three public meetings held on January 27,February 17,and March 9, 2021,which allowed stakeholders to voice concerns about conditions within the permit and submit comments during the period of initial stakeholder involvement.These concerns were taken into consideration when drafting the permit.In addition to these meetings, the Department also held an informal review period for stakeholders to review the draft prior to the 30 day public comment period. • Updated language throughout the permit to current permit language used by the Department and EPA. • Added language for emergency related projects. • Clarified conditions which were ambiguous. • Reorganized sections/conditions for logical progression. • Authorized permit transfers and some modifications. • Sections added for termination procedures,discharges to special streams,and procedures for concrete washout. PART II—RECEIVING STREAM INFORMATION APPLICABLE DESIGNATIONS OF WATERS OF THE STATE: Per Missouri Effluent Regulations(10 CSR 20-7.015),the waters of the state are divided into seven(7)categories.This permit applies to facilities discharging to the following water body categories: ✓ Missouri or Mississippi River[10 CSR 20-7.015(2)] I Lakes or Reservoirs[10 CSR 20-7.015(3)] ✓ Losing Streams[10 CSR 20-7.015(4)] ✓ Metropolitan No-Discharge Streams[10 CSR 20-7.015(5)] ✓ Special Streams[10 CSR 20-7.015(6)] ✓ Subsurface Waters[10 CSR 20-7.015(7)] ✓ All Other Waters[10 CSR 20-7.015(8)] Missouri Water Quality Standards(10 CSR 20-7.031)defines the Clean Water Commission water quality objectives in terms of "water uses to be maintained and the criteria to protect those uses."The receiving stream and/or 1 S`classified receiving stream's designated water uses shall be maintained in accordance with 10 CSR 20-7.031(24).A general permit does not take into consideration site-specific conditions. MIXING CONSIDERATIONS: This permit applies to receiving streams of varying low flow conditions.Therefore,the effluent limitations must be based on the smallest low flow streams considered,which includes waters without designated uses.As such,no mixing is allowed[10 CSR 20- 7.031(5XA)4.B.(IXa)].No Zone of Initial Dilution is allowed.[10 CSR 20-7.031(5)(A)4.B.(I)(b)]. RECEIVING STREAM MONITORING REQUIREMENTS: There are no receiving water monitoring requirements recommended at this time. PART III—RATIONALE AND DERIVATION OF EFFLUENT LIMITATIONS&PERMIT CONDITIONS 305(B)REPORT,303(d)LIST,&TOTAL MAXIMUM DAILY LOAD(TMDL): Section 305(b)of the Federal CWA requires each state identify waters not meeting Water Quality Standards and for which adequate water pollution controls have not been required.Water Quality Standards protect such beneficial uses of water as whole body contact, maintaining fish and other aquatic life,and providing drinking water for people,livestock,and wildlife.The 303(d)report,which includes the 303(d)list,helps state and federal agencies keep track of waters which are impaired but not addressed by normal water pollution control programs. A TMDL is a calculation of the maximum amount of a given pollutant a body of water can absorb before its water quality is affected. If a water body is determined to be impaired as listed on the 303(d)list,then a watershed management plan will be developed which shall include the TMDL calculation.For facilities with an existing general permit before a TMDL is written on their receiving stream, the Department will evaluate the permit and may require any facility authorized by this general permit to apply for and obtain a site- specific operating permit. MORA Fact Sheet Page 5 of 14 A provision in the Federal Regulations[CWA Section 303(d)(4);CWA Section 402(c);40 CFR Part 122.44(I)]requires a reissued permit to be as stringent as the previous permit with some exceptions. ✓ Not Applicable:All effluent limitations in this permit are at least as protective as those previously established. ANTIDEGRADATION: Antidegradation policies ensure protection of water quality for a particular water body on a pollutant by pollutant basis to ensure Water Quality Standards are maintained to support beneficial uses such as fish and wildlife propagation and recreation on and in the water.This also includes special protection of waters designated as an Outstanding National Resource Water or Outstanding State Resource Water[10 CSR 20-7.031(3)(C)].Antidegradation policies are adopted to minimize adverse effects on water. The Department has determined the best avenue forward for implementing the Antidegradation requirements into general stormwater permits is by requiring the appropriate development and maintenance of a SWPPP.The SWPPP must identify all reasonable and effective BMPs,taking into account environmental impacts and costs.This analysis must document why no discharge or no exposure options are not feasible at the facility.This selection and documentation of appropriate control measures will then serve as the analysis of alternatives and fulfill the requirements of the Antidegradation Rule and Implementation Procedure 10 CSR 20-7.031(3)and 10 CSR 20-7.015(9)(A)5. Any facility seeking coverage under this permit which undergoes expansion or discharges a new pollutant of concern must update their SWPPP and select reasonable and cost effective new BMPs.New facilities seeking coverage under this permit are required to develop a SWPPP including this analysis and documentation of appropriate BMPs.Renewal of coverage for a facility requires a review of the SWPPP to ensure the selected BMPs continue to be appropriate. ✓ Applicable;the facility must review and maintain stormwater BMPs as appropriate. BENCHMARKS: When a permitted feature or outfall consists of only stormwater,a benchmark may be implemented at the discretion of the permit writer.Benchmarks require the facility to monitor and,if necessary,replace and update stormwater control measures.Benchmark concentrations are not effluent limitations.A benchmark exceedance,therefore,is not a permit violation;however,failure to take corrective action is a violation of the permit.Benchmark monitoring data is used to determine the overall effectiveness of control measures and to assist the permittee in knowing when additional corrective actions may be necessary to comply with the limitations of the permit. ✓ Not applicable;this facility has stormwater-only outfalls and does not contain numeric benchmarks. BEST MANAGEMENT PRACTICES: Minimum site-wide BMPs are established in this permit to ensure all permittees are managing their sites equally to protect waters of the state from certain activities which could cause negative effects in receiving water bodies.If the minimum BMPs are not followed, the facility may violate general criteria[10 CSR 20-7.031(4)].Statutes are applicable to all permitted facilities in the state;therefore, pollutants cannot be released unless in accordance with RSMo 644.011 and 644.016(17). During a short time period,construction sites can contribute more sediment to streams than can be deposited naturally during several decades.The resulting siltation and contribution of other pollutants from construction sites can cause physical,chemical,and biological harm to Missouri's waters.Land disturbance activities,such as clearing and grading the land surface,increases the potential for sediment discharges. The previous version of this permit contained the majority of the BMPs required in this permit and were found to protect water quality.Additional BMPs were added to improve protections with language taken from the EPA's Construction General Permit. Language was added for track out to clarify and to combine with the roadway conditions in the previous permit. Preventing sediment from entering roadway inlets will protect water quality.Requirements were added for concrete wash out management.This is a common activity on construction sites which had not been address in the previous permit.Containment of the wash out water will protect waters of the state.This language was adopted from the EPAs Construction General Permit. This renewal requires certain operators be listed in the SWPPP,this was added to ensure all responsible parties are known to the staff on site in the event there is an environmental issue that needs attention. Inspection conditions were added to clarify what parts of the site to inspect.By inspecting areas prone to pollution,such as material storage,or location where pollutants are like to leave the site,such as the outfall,there is increased protections to water quality by stopping pollutants before leaving the site,or correcting an issue quickly. Inspection frequencies were reduced for areas where stabilization has been achieved.It was the permit writer's judgement that a..__._ ..._ _ _ .. _ ..-. MORA Fact Sheet Page 6 of 14 open the possibility for high volumes of sediment to be discharged into the receiving waters.By inspecting the discharge,the waters shall be better protected.Language was added to add the temporary reduction of inspections for areas that have frozen ground. Condition was added for stockpile management to add clarity for operators on site.Migration of soil or product from mis-managed piles can enter waters of the state and cause water quality violations.Conditions were added to sediment basin dewater to increase the protection of receiving waters by increasing controls to retain sediment and keep it out of the discharged water. Language was added to include National and State Resource Waters with added protections.Language for this was taken from the template for Missouri General Permits.These requirements also include waters with impairments for sediment,the pollutant of concern under this permit.Extra protections in these special stream requirements were added to clarify the discharges must be stormwater only. Language was added to include the encouragement of preserving vegetation,trees,and soil.Clearing reduces the natural uptake of water and nutrients by vegetation and excessive grading can smooth the ground surface,increasing amount and velocity of runoff. Vegetation inhibits erosion as the roots hold the topsoil in place,while leaves protect the surface against rain.Once the vegetative cover is gone,erosion is accelerated.The longer the exposed area is subject to erosive forces,the more severe the effect. Clarification was added to define voluntary vegetation and to explain that these shallow rooted short-lived vegetation is not allowed as permanent stabilization. CHANGES IN DISCHARGES OF TOXIC POLLUTANT: This special condition reiterates the federal rules found in 40 CFR 122.44(f)and 122.42(a)(1).In these rules,the facility is required to report changes in amounts of toxic substances discharged.Toxic substances are defined in 40 CFR 122.2 as"...any pollutant listed as toxic under section 307(a)(1)or,in the case of"sludge use or disposal practices,"any pollutant identified in regulations implementing section 405(d)of the CWA."Section 307 of the clean water act then refers to those parameters found in 40 CFR 401.15.The permittee should also consider any other toxic pollutant in the discharge as reportable under this condition. DOMESTIC WASTEWATER,SLUDGE,AND BIOSOLIDS: Domestic wastewater is defined as wastewater(i.e.,human sewage)originating primarily from the sanitary conveyances of bathrooms and kitchens.Domestic wastewater excludes stormwater,animal waste,process waste,and other similar waste. ✓ Not applicable;this permit does not authorize discharge of domestic waste,sludge,or biosolids.This includes discharges to onsite lagoons.If a facility has an onsite lagoon,they may need to obtain a separate general or site specific permit to cover discharges or land application from this structure. Sewage sludge is solid,semi-solid,or liquid residue generated during the treatment of domestic sewage in a treatment works; including but not limited to,domestic septage;scum or solids removed in primary,secondary,or advanced wastewater treatment process;and material derived from sewage sludge. Sewage sludge does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screening generated during preliminary treatment of domestic sewage in a treatment works. Biosolids are solid materials resulting from domestic wastewater treatment meeting federal and state criteria for productive use(i.e. fertilizer)and after having pathogens removed. I Not applicable;this permit does not authorize discharge or land application of biosolids or sludge. A separate permit must be obtained for these activities,either general or site specific. EFFLUENT LIMITATION GUIDELINE: Effluent Limitation Guidelines,or EI.Gs,are found at 40 CFR 400-499.These are limitations established by the EPA based on the SIC code and the type of work a facility is conducting.Most ELGs are for process wastewater and some address stormwater.All are technology based limitations which must be met by the applicable facility at all times. ✓ The industries covered under this permit have an associated Effluent Limit Guideline(ELG)which is applicable to the stormwater discharges in this permit and is applied under 40 CFR 125.3(a). ELECTRONIC DISCHARGE MONITORING REPORT(EDMR)SUBMISSION SYSTEM: The U.S.Environmental Protection Agency(EPA)promulgated a final rule on October 22,2015,to modernize Clean Water Act reporting for municipalities,industries,and other facilities by converting to an electronic data reporting system.The final rule requires regulated entities and state and federal regulators to use information technology to electronically report data required by the National Pollutant Discharge Elimination System(NPDES)permit program instead of filing paper reports.To comply with the federal rule,the Department is requiring all permittees to begin submitting discharge monitoring data and reports online. I Not applicable;this permit has no limits to report. GENERAL CRITERIA CONSIDERATIONS: In accordance with 40 CFR 122.44(d)(I),effluent limitations shall be placed into permits for pollutants determined to cause,have MORA Fact Sheet Page 7 of 14 discharges have reasonable potential to cause or contribute to an excursion of the general criteria listed in 10 CSR 20-7.031(4).In instances where reasonable potential exists,the permit includes limitations within the permit to address the reasonable potential.In discharges where reasonable potential does not exist,the permit may include monitoring to later determine the discharge's potential to impact the narrative criteria.Additionally,RSMo 644.076.1,as well as Standard Permit Conditions Part VIII of this permit state it shall be unlawful for any person to cause or allow any discharge of water contaminants from any water contaminant or point source located in Missouri in violation of sections 644.006 to 644.141 of the Missouri Clean Water Law or any standard,rule,or regulation promulgated by the commission. LAND APPLICATION: Land application,or surficial dispersion of wastewater and/or sludge,is performed by facilities to maintain a basin as no-discharge. Requirements for these types of operations are found in 10 CSR 20-6.015;authority to regulate these activities is from RSMo 644.026. ✓ Not applicable;this permit does not authorize operation of a surficial land application system to disperse wastewater or sludge. LAND DISTURBANCE: Land disturbance,sometimes called construction activities,are actions which cause disturbance of the root layer or soil;these include clearing,grading,and excavating of the land.40 CFR 122.26(b)(14)and 10 CSR 20-6.200(3)requires permit coverage for these activities.Coverage is not required for facilities when only providing maintenance of original line and grade,hydraulic capacity,or to continue the original purpose of the facility. I Applicable;this permit provides coverage for land disturbance activities. These activities have SWPPP requirements and may be combined with the standard site SWPPP.Land disturbance BMPs should be designed to control the expected peak discharges. The University of Missouri has design storm events for the 25 year 24 hour storm;these can be found at: http://ap3.agebb.missouri.edu/design storm/comparison reports/201911 I7 25yr 24hr comparison table.htm;to calculate peak discharges,the website https://www.lmnoeng.com/Hydrologv/rational.php has the rational equation to calculate expected discharge volume from the peak storm events. NUTRIENT MONITORING: Nutrient monitoring is required for facilities characteristically or expected to discharge nutrients(nitrogenous compounds and/or phosphorus)when the design flow is equal to or greater than 0.1 MGD per 10 CSR 20-7.015(9)(D)8. I This is a stormwater only permit;therefore,it is not subject to provisions found in 10 CSR 20-7.015 per 10 CSR 20-7.015(1)(C). OIL/WATER SEPARATORS: Oil water separator(OWS)tank systems are frequently found at industrial sites where process water and stormwater may contain oils and greases,oily wastewaters,or other immiscible liquids requiring separation.Food industry discharges typically require pretreatment prior to discharge to municipally owned treatment works.Per 10 CSR 26-2.010(2)(B),all oil water separator tanks must be operated according to manufacturer's specifications and authorized in NPDES permits per 10 CSR 26-2.010(2)or may be regulated as a petroleum tank. ✓ Not applicable;this permit does not authorize the operation of OWS.The facility must obtain a separate permit to cover operation of and discharge from these devices. OPERATOR CERTIFICATION REQUIREMENTS: As per 10 CSR 20-6.010(8)Terms and Conditions of a Permit,permittecs shall operate and maintain facilities to comply with the Missouri Clean Water Law and applicable permit conditions and regulations.Operators or supervisors of operations at regulated wastewater treatment facilities shall be certified in accordance with[10 CSR 20-9.020(2)]and any other applicable state law or regulation. ✓ Not applicable;the facilities covered under this permit are not required to have a certified operator. PERMIT SHIELD: The permit shield provision of the Clean Water Act(Section 402(k))and Missouri Clean Water Law(644.051.16 RSMo)provides that when a permit holder is in compliance with its NPDES permit or MSOP,they are effectively in compliance with certain sections of the Clean Water Act and equivalent sections of the Missouri Clean Water Law.In general,the permit shield is a legal defense against certain enforcement actions but is only available when the facility is in compliance with its permit and satisfies other specific conditions,including having completely disclosed all discharges and all facility processes and activities to the Department at time of application.It is the facility's responsibility to ensure that all potential pollutants,waste streams,discharges,and activities,as well as wastewater land application,storage,and treatment areas,are all fully disclosed to the Department at the time of application or during the draft permit review process.Subsequent requests for authorization to discharge additional pollutants or expanded or newly disclosed flows,or for authorization for previously unpermittcd and undisclosed activities or discharges,will likely require permit modification or may require the facility be covered under a site specific permit. PRETREATMENT PROGRAM: MORA Fact Sheet Page 8 of 14 limitation guidelines for pretreatment listed in 40 CFR Subchapter N per 10 CSR 20-6.100.Pretreatment regulations per RSMo 644.016 are limitations on the introduction of pollutants or water contaminants into publicly owned treatment works or facilities. ✓ Not Applicable;the facilities covered under this permit are not required to meet pretreatment requirements under an ELG. PUBLIC NOTICE OF COVERAGE FOR AN INDIVIDUAL FACILITY: Public Notice of reissuance of coverage is not required unless the facility is a specific type of facility as defined in 10 CSR 20- 6.200(1).The need for an individual public notification process shall be determined and identified in the permit[10 CSR 20- 6.020(1)(C)5.]. ✓ Not applicable;public notice is not required for coverage under this permit to individual facilities.The MGP is public noticed in lieu of individual permit PN requirements. REASONABLE POTENTIAL ANALYSIS(RPA): Federal regulation 40 CFR Part 122.44(d)(1)(i)requires effluent limitations for all pollutants which are or may be discharged at a level which will cause or have the reasonable potential to cause or contribute to an in-stream excursion above narrative or numeric water quality standard.In accordance with 40 CFR Part 122.44(d)(iii)if the permit writer determines any given pollutant has the reasonable potential to cause or contribute to an in-stream excursion above the water quality standard,the permit must contain effluent limits for the pollutant. ✓ The permit writer reviewed industry materials,available past inspections,and other documents and research to evaluate general and narrative water quality reasonable potential for this permit.Permit writers also use the Department's permit writer's manual, the EPA's permit writer's manual(https://www.epa.gov/npdes/npdes-Permit-writers-manual),program policies,and best professional judgment.For each parameter in each permit,the permit writer carefully considers all applicable information regarding technology based effluent limitations,effluent limitation guidelines,and water quality standards.Best professional judgment is based on the experience of the permit writer,cohorts in the Department and resources at the EPA,research,and maintaining continuity of permits if necessary.For stormwater permits,the permit writer is required per 10 CSR 6.200(6)(B)2 to consider: A.application and other information supplied by the permittee;B. effluent guidelines;C.best professional judgment of the permit writer;D.water quality;and E.BMPs. SCHEDULE OF COMPLIANCE(SOC): Per§644.051,RSMo,a permit may be issued with a Schedule of Compliance(SOC)to provide time for a facility to come into compliance with new state or federal effluent regulations,water quality standards,or other requirements.Such a schedule is not allowed if the facility is already in compliance with the new requirement or if prohibited by other statute or regulation.An SOC includes an enforceable sequence of interim requirements(e.g.actions,operations,or milestone events)leading to compliance with the Missouri Clean Water Law,its implementing regulations,and/or the terms and conditions of an operating permit. See also Section 502(17)of the Clean Water Act,and 40 CFR 122.2.For new effluent limitations,the permit may include interim monitoring for the specific parameter to demonstrate the facility is not already in compliance with the new requirement.Per 40 CFR 122.47(a)(1)and 10 CSR 20-7.031(11),compliance must occur as soon as possible.If the permit provides a schedule for meeting new water quality based effluent limits,an SOC must include an enforceable,final effluent limitation in the permit even if the SOC extends beyond the life of the permit. ✓ Not Applicable:This permit does not contain a SOC. SETBACKS: Setbacks,sometimes called separation distances,are common elements of permits and are established to provide a margin of safety in order to protect the receiving water and other features from accidents,spills,unusual events,etc. Specific separation distances are included in 10 CSR 20-8 for minimum design standards of wastewater structures.While wastewater is considered separately from stormwater under this permit,the guides and Chapter 8 distances may remain relevant to requirements under this permit if deemed appropriate by the permittee. ✓ Discharge to the watersheds of a Metropolitan No-Discharge Stream(10 CSR 20-7.031 Table F)is authorized by this permit if the discharges are in compliance with 10 CSR 20-7.015(5)and 10 CSR 20-7.031(7). Discharges to these watersheds are authorized for uncontaminated stormwater discharges only. ✓ This permit authorizes stormwater discharges which arc located in a way to allow water to be released into sinkholes,caves, fissures,or other openings in the ground which could drain into aquifers(except losing streams)per 10 CSR 20-7.015(7).It is the best professional judgment of the permit writer to allow discharges to losing streams as the effluent is stormwater only. ✓ This permit authorizes stormwater discharge in the watersheds of Outstanding state Resource Waters(OSRW);Outstanding National Resources Waters(ONRW),which includes the Ozark National Riverways and the National Wild and Scenic Rivers System;and impaired waters as designated in the 305(b)report,including the 303(d),list so long as no degradation of water quality occurs in the OSRW and ONRW due to discharges from the permitted facility per 10 CSR 20-7.015(6)(B)and 10 CSR 20-7.031(3)(C). Additionally,if the facility is found to be causing degradation or contributing to an impairment by discharging a pollutant of concern during an inspection or through complaint investigations,they will be required to become a no discharge facility or MORA Fact Sheet Page 9 of 14 loads/impaired-waters. Sites within 1000 feet of a OSRW,ONRW,or water impaired for sediment must operate as a no-discharge facility.These additional protections are borrowed from the USEPA 2021 draft Construction General Permit. SLUDGE—DOMESTIC BIOSOLIDS: Biosolids are solid materials resulting from domestic wastewater treatment meeting federal and state criteria for beneficial use(i.e. fertilizer). Sewage sludge is solid,semi-solid,or liquid residue generated during the treatment of domestic sewage in a treatment works;including,but not limited to,domestic septage;scum or solids removed in primary,secondary,or advanced wastewater treatment process;and material derived from sewage sludge. Sewage sludge does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screening generated during preliminary treatment of domestic sewage in a treatment works. ✓ This permit does not authorize discharge or land application of biosolids.Sludge/biosolids is not generated by this industry. SLUDGE—INDUSTRIAL: Industrial sludge is solid,semi-solid,or liquid residue generated during the treatment of industrial process wastewater in a treatment works;including,but not limited to,scum or solids removed in primary,secondary,or advanced wastewater treatment process;scum and solids filtered from water supplies and backwashed;and a material derived from industrial sludge. I Not applicable;sludge is not generated by this industry. SPILL REPORTING: Any emergency involving a hazardous substance must be reported to the Department's 24 hour Environmental Emergency Response hotline at(573)634-2436 at the earliest practicable moment after discovery.The Department may require the submittal of a written report detailing measures taken to clean up a spill.These reporting requirements apply when the spill results in chemicals or materials leaving the permitted property or reaching waters of the state.This requirement is in addition to the noncompliance reporting requirement found in Standard Conditions Part I. https://dnr.mo.gov/waste-recycling/investigations-cleanups/environmental- emergcncy-response. Underground and above ground storage devices for petroleum products,vegetable oils,and animal fats may be subject to control under federal Spill Prevention,Control,and Countermeasure Regulation and are expected to be managed under those provisions,if applicable.Substances regulated by federal law under the Resource Conservation and Recovery Act(RCRA)or the Comprehensive Environmental Response,Compensation,and Liability Act(CERCLA)which are transported,stored,or used for maintenance, cleaning or repair shall be managed according to the provisions of RCRA and CERCLA. STORMWATER POLLUTION PREVENTION PLAN(SWPPP): In accordance with 40 CFR 122.44(k),BMPs must be used to control or abate the discharge of pollutants when: 1)Authorized under section 304(e)of the Clean Water Act(CWA)for the control of toxic pollutants and hazardous substances from ancillary industrial activities;2)Authorized under section 402(p)of the CWA for the control of stormwater discharges;3)Numeric effluent limitations are infeasible;or 4)the practices are reasonably necessary to achieve effluent limitations and standards or to carry out the purposes and intent of the CWA.In accordance with the EPA's Developing Your Stormwater Pollution Prevention Plan:A Guide for Construction Sites, (Document number EPA 833-R-06-004)published by the EPA in 2007 https://www.cpa.gov/sites/production/files/2015-10/documents/sw swppp guide.pdf,BMPs are measures or practices used to reduce the amount of pollution entering waters of the state from a permitted facility.BMPs may take the form of a process,activity,or physical structure. Additionally,in accordance with the Stormwater Management,a SWPPP is a series of steps and activities to 1) identify sources of pollution or contamination,and 2)select and carry out actions which prevent or control the pollution of storm water discharges.Additional information can be found in Stormwater Management for Industrial Activities:Developing Pollution Prevention Plans and Best Management Practices(EPA 832-R-92-006;September 1992). A SWPPP must be prepared if the SIC code for the facility is found in 40 CFR 122.26(b)(14)and/or 10 CSR 20-6.200(2).A SWPPP may be required of other facilities where stormwatcr has been identified as necessitating better management.The purpose of a SWPPP is to comply with all applicable stormwater regulations by creating an adaptive management plan to control and mitigate stream pollution from stormwater runoff.Developing a SWPPP provides opportunities to employ appropriate BMPs to minimize the risk of pollutants being discharged during storm events.The following paragraph outlines the general steps the permittee should take to determine which BMPs will work to achieve the benchmark values or limits in the permit.This section is not intended to be all encompassing or restrict the use of any physical BMP or operational and maintenance procedure assisting in pollution control. Additional steps or revisions to the SWPPP may be required to meet the requirements of the permit. Areas which should be included in the SWPPP are identified in 40 CFR 122.26(b)(14).Once the potential sources of stormwater pollution have been identified,a plan should be formulated to best control the amount of pollutant being released and discharged by each activity or source.This should include,but is not limited to,minimizing exposure to stormwater,good housekeeping measures, proper facility and equipment maintenance,spill prevention and response,vehicle traffic control,and proper materials handling.Once MORA Fact Sheet Page 10 of 14 not achieving compliance with permitting requirements.For example if the BMP being employed is deficient in controlling stormwater pollution,corrective action should be taken to repair,improve,or replace the failing BMP.If failures do occur,continue this trial and error process until appropriate BMPs have been established. The EPA has developed factsheets on the pollutants of concern for specific industries along with the BMPs to control and minimize stormwater(httpa://www.epa.gov/npdes/stormwater-discharges-industrialactivities).Along with EPA's factsheets,the International Stormwater BMP database(https://bmpdatabase.or¢/)may provide guidance on BMPs appropriate for specific industries. For new,altered,or expanded stormwater discharges,the SWPPP shall identify reasonable and effective BMPs while accounting for environmental impacts of varying control methods.The antidegradation analysis must document why no discharge or no exposure options are not feasible.The selection and documentation of appropriate control measures shall serve as an alternative analysis of technology and fulfill the requirements of antidegradation[10 CSR 20-7.031(3)]. Alternative analysis evaluation of the BMPs is a structured evaluation of BMPs which are reasonable and cost effective.The alternative analysis evaluation should include practices designed to be: 1)non-degrading;2)less degrading;or 3)degrading water quality.The glossary of the Antidegradation Implementation Procedure defines these three terms.The chosen BMP will be the most reasonable and effective management strategy while ensuring the highest statutory and regulatory requirements are achieved and the highest quality water attainable for the facility is discharged.The alternative analysis evaluation must demonstrate why"no discharge" or"no exposure"is not a feasible alternative at the facility.This structured analysis of BMPs serves as the antidegradation review, fulfilling the requirements of 10 CSR 20-7.031(3)Water Quality Standards and Antidegradation Implementation Procedure,Section TLB. ✓ Applicable:A SWPPP shall be developed and implemented for each site and shall incorporate required practices identified by the Department with jurisdiction,incorporate control practices specific to site conditions,and provide for maintenance and adherence to the plan. UNDERGROUND INJECTION CONTROL(UIC): The UIC program for all classes of wells in the State of Missouri is administered by the Missouri Department of Natural Resources and approved by EPA pursuant to section 1422 and 1425 of the Safe Drinking Water Act(SDWA)and 40 CFR 147 Subpart AA. Injection wells are classified based on the liquids which are being injected.Class I wells are hazardous waste wells which are banned by RSMo 577.155;Class II wells are established for oil and natural gas production;Class IIT wells are used to inject fluids to extract minerals;Class IV wells are also banned by Missouri in RSMo 577.155;Class V wells are shallow injection wells;some examples are heat pump wells and groundwater remediation wells.Domestic wastewater being disposed of sub-surface is also considered a Class V well.In accordance with 40 CFR 144.82,construction,operation,maintenance,conversion,plugging,or closure of injection wells shall not cause movement of fluids containing any contaminant into Underground Sources of Drinking Water(USDW)if the presence of any contaminant may cause a violation of drinking water standards or groundwater standards under 10 CSR 20-7.031 or other health-based standards or may otherwise adversely affect human health.If the Department finds the injection activity may endanger USDWs,the Department may require closure of the injection wells or other actions listed in 40 CFR 144.12(c),(d),or(e).In accordance with 40 CFR 144.26,the permittee shall submit a Class V Well Inventory Form for each active or new underground injection well drilled,or when the status of a well changes,to the Missouri Department of Natural Resources,Geological Survey Program,P.O.Box 250,Rolla,Missouri 65402.Single family residential septic systems and non-residential septic systems used solely for sanitary waste and having the capacity to serve fewer than 20 persons a day are excluded from the UIC requirements(40 CFR 144.81(9)). ✓ Not applicable;this permit does not authorize subsurface wastewater systems or other underground injection.These activities must be assessed under an application for a site specific permit.Certain discharges of stormwater into sinkholes may qualify as UIC.It is important the permittee evaluate all stormwater basins,even those holding water;as sinkholes have varying seepage rates.This permit does not allow stormwater discharges into sinkholes.The facility must ensure sinkholes are avoided in the construction process.The State's online mapping resource https://modnr.maps.arcgis.com/apps/webanpviewer/index.html?id=87ebcf4afl5d438ca658ce0b2bbc862e has a sinkhole layer. VARIANCE: Per the Missouri Clean Water Law Section 644.061.4,variances shall be granted for such period of time and under such terms and conditions as shall be specified by the commission in its order.The variance may be extended by affirmative action of the commission.In no event shall the variance be granted for a period of time greater than is reasonably necessary for complying with the Missouri Clean Water Law Section 644.006 to 644.141 or any standard,rule,or regulation promulgated pursuant to Missouri Clean Water Law Section 644.006 to 644.141. I Not Applicable:This permit is not drafted under premises of a petition for variance. WASTEI.OAD ALLOCATIONS(WLA)FOR LIMITATIONS: Per 10 CSR 20-2.010(78),the amount of pollutant each discharger is allowed by the Department to release into a given stream after MORA Fact Sheet Page 11 of 14 outlined in USEPA's Technical Support Document For Water Quality-based Toxics Control(TSD)(EPA/505/2-90-001). i ✓ Not applicable;water quality limitations were not applied in this permit. WATER QUALITY STANDARDS: Per 10 CSR 20-7.031(4),General Criteria shall be applicable to all waters of the state at all times,including mixing zones. Additionally,40 CFR 122.44(d)(1)directs the Department to include in each NPDES permit conditions to achieve water quality established under Section 303 of the CWA,including state narrative criteria for water quality. WHOLE EFFLUENT TOXICITY(WET)TEST: Per 10 CSR 20-7.031(1)(FF),a toxicity test conducted under specified laboratory conditions on specific indicator organism;and per 40 CFR 122.2,the aggregate toxic effect of an effluent measured directly by a toxicity test.A WET test is a quantifiable method of determining if a discharge from a facility may be causing toxicity to aquatic life by itself,in combination with,or through synergistic responses when mixed with receiving water. ✓ Not applicable:At this time,permittees are not required to conduct a WET test.This permit is for stormwater only. PART IV-EFFLUENT LIMITATIONS DETERMINATION EPA Construction General Permit(COP) The CGP was used to research and support best professional judgment decisions made in establishing technology-based conditions for this general permit which arc consistent with national standards.The permit writer determined the standards established by the CGP are achievable and consistent with federal regulations. Additionally,the conditions reflecting the best practicable technology currently available are utilized to implement the ELG. In this general permit,technology-based effluent conditions are established through the SWPPP and BMP requirements.Effective BMPs should be designed on a site-specific basis.The implementation of inspections provides a tool for each facility to evaluate the effectiveness of BMPs to ensure protection of water quality.Any flow through an outfall is considered a discharge.Future permit action due to permit modification may contain new operating permit terms and conditions which supersede the terms and conditions, including effluent limitations,of this operating permit. PART V-REPORTING REQUIREMENTS SAMPLING: The permittee is not required to sample stormwater under this permit.The Department may require sampling and reporting as a result of illegal discharges,compliance issues related to water quality concerns or BMP effectiveness,or evidence of off-site impacts from activities at the facility. If such an action is needed,the Department will specify in writing the sampling requirements,including such information as location and extent.If the permittee refuses to perform sampling when required,the Department may terminate the general permit and require the facility to obtain a site-specific permit with sampling requirements. REPORTING: There are no reporting requirements for MO-RAxxxxx land disturbance permits.Land disturbance information is best reviewed on an as requested basis and this permit established documents requirements that allow the Department to request and receive needed documentation prior to,during,or after site inspections. PART VI-RAINFALL VALUES FOR MISSOURI&SURFACE WATER BUFFER ZONES Knowledge of the 2-year,24-hour storm event is used in this permit for two main reasons: 1)The design,installation,and maintenance of effective erosion and sediment controls to minimize the discharge of pollutants.These erosion and sediment controls must be designed to capture or treat a 2-year,24-hour storm event.This includes BMPs and,depending on the acreage of the drainage area,sediment basins. 2)If the seven-day inspection frequency is utilized,an inspection must occur within 48 hours after any storm event equal to or greater than a 2-year,24 hour storm has ceased. A 2-year,24-hour storm event may be determined in two different ways.For site-specific 2-year,24-hour storm event information utilize the National Oceanic and Atmospheric Administration's National Weather Service Atlas 14(NOAA Atlas 14)which is located MORA Fact Sheet Page 12 of 14 year,24-hour storm event. In general,this will be the least stringent method. For more information visit; https://www.weather.gov/media/owp/oh/hdsc/docs/Atlas14 Volume8.ndf. As an alternative to NOAA Atlas 14,a default value may be utilized.The map below provided by the Department represent the most conservative,protective values for default values applicable to Missouri.In general,this will be the most stringent method.This map is based on Technical Paper No.40(TP-40).TP-40 provides a map of the continental U.S.for the 2-year,24-hour storm event.See map below for default values. Map 1:Default Values for 2-Year,24-Hour Storm Event for Design of Sediment and Erosion Controls Legend: Northern Counties(blue):3.5 inches Southern Counties(grey):4 inches ---�f—../ .... ... 1 fiv, .... .n.0 lig "r—___Ts:iss . tena y bh ��dig ir4 .....,_ ai Wire lor... NM 1111111111110 .it Surface Water Buffer Zones:In order to design controls that match the sediment removal efficiency of a 50-foot buffer,you first need to know what this efficiency is for your site.The sediment removal efficiencies of natural buffers vary according to a number of site-specific factors,including precipitation,soil type,land cover,slope length,width,steepness,and the types of erosion and sediment controls used to reduce the discharge of sediment prior to the buffer.For additional information; hups://www.epa.govisites/default/files/20 I 7-02/documents/2017 ego final appendix g - buffer reqs 508.adf PART VII—ADMINISTRATIVE REQUIREMENTS On the basis of preliminary staff review and applicable standards and regulations,the Department,as administrative agent for the Missouri Clean Water Commission,proposes to issue a permit(s)subject to certain effluent limitations,schedules,and special conditions contained herein and within the permit.The proposed determinations are tentative pending public comment. PUBLIC MEETING: The Department hosted three public meetings for this permit.The meetings were held on January 27,February 17, and March 9,2021. PUBLIC NOTICE: The Department shall give public notice when a draft permit has been prepared and its issuance is pending.Additionally,public notice will be issued if a public hearing is to be held because of a significant degree of interest or because of water quality concerns related to a draft permit.No public notice is required when a request for a permit modification or termination is denied;however,the requester and facility must be notified of the denial in writing. The Department must give public notice of a pending permit or of a new or reissued Missouri State Operating Permit.The public comment period is a length of time not less than thirty(30)days following the date of the public notice,during which interested persons may submit written comments about the proposed permit. For nersons wanting to submit comments regarding this nronnsed nermit nlea.se refer to the Public Notice naee located at the front of MORA Fact Sheet Page 13 of 14 ✓ The Public Notice period for this permit was held from November 5,2021 and ends.December 6,2021.Two letters were received during the 30 day Public Notice period.The summarized comments from the letter and the Department's responses to the comments are below and are in reference to the Public Noticed version of this permit. The comments and responses to the Public Notice of this permit do not warrant the modification of the terms and conditions of this permit. Letter 1: Comment#1: Numbering on Page 3 -there are two#2's Response: Thank you,this was corrected. Comment#2: 2. ...If an individual proposes to develop a lot to reside on(themself), Response:This word has been added to add clarity. Comment#3: Table on Page 3,I.Applicability Section A,#2.The second row,second column is confusing. This second part seems to imply that lots less than I acre but not part of a common plan would need a permit if the lot is to be sold.This seems contrary to the one or more acres required for a permit. Response:The second part was reworded in effort to clarify.The"or if"was changed to"including"to clarify both situations are part of the common plan and would require a permit. Comment#4:The first part of this section before the semicolon seems incomplete: Response:The redundant wording was removed to clarify this condition. Comment#5:There is no#3. Response:Thank you,this was corrected. Comment#6:Number 4.Could the impaired water also be on the 303(d)list?impaired waters are only on the 305(b)list after they have a TMDL written.What about the streams on the 303(d)list that are waiting for a TMDL? Response:The 303(d)list is a less-encompassing component of the all-encompassing 305(b)Report.The permit has been edited to state"designated in the 305(b)Report,including the 303(d)list,"to emphasizing the 303(d)list. Comment#7: 10.Change the word States to state Response:This was corrected. Comment#8:There are 2(b)s under#1. 1(c).Part VII.should be Part VIII STANDARD PERMIT CONDITIONS 6.Replace the period with a colon after BMPs. "The permittee shall select,install,use,operate and maintain appropriate BMPs for the permitted site.The following manuals are acceptable resources for the selection of appropriate BMPs:" Response:These corrections were made. Comment#9: 11(b)2 and 3.These are missing periods after the word"holiday" Response:These corrections were made. Comment#10:V.BMP Requirements (2)Can you define"dripline" Response:A longer explanation of"dripline"was added to that condition for clarity. Comment#11: 11.(c)(2) Is this missing a word after"from". In the phrase"discharge points from"?Perhaps just remove the word"from".The phrase would read"inlets,outlets,and discharge points shall be utilized." Response:This correction has been made. Comment#12:Also,the addition of language related to BMPs discussed on page 5 and 6 of the fact sheet are positive additions to the permit and should help guide protection of waters of the state from sediment. On the top of page 6 of the fact sheet,it appears there is a typo:"Migration of soil or product from mis-managed plies" Response:This correction has been made. Letter 2: Comment#1: Define Outfalls. Response: Outfalls are points with discharges of stormwater from areas associated with the industrial activity for which the facility is permitted;in this case construction.Discerning if certain drains which leave the site would be considered an outfall or not would be specific to each site,in addition to the specific phase of construction.Outfalls on construction sites are often not stationary.An outfall does not need to be a pipe,it can be a ditch,channel,or other conduit that discharges stormwater off the property,and there is no size constraint to outfalls.A definition has been added to the fact sheet to add clarification. Comment#2: I.Applicability:A.Permit Coverage and Authorized Discharges—Permit numbering is off. Response:Thank you,this has been corrected. Comment#3:I.Applicability:B.Permit Restrictions—Permit numbering is off. Response: Thank you,this has been corrected. Comment#4:4(c)Discharges from dewatering of sedimentation basins is prohibited.Does this mean direct dumping of dewatering material?Are dewatering controls such as sediment bags,infiltration trenches,or buffer strips allowed? Response:The definition of no-discharge facility found in 10 CSR 20-6.015 includes the condition"To hold or irrigate,or otherwise dispose without discharge to surface or subsurface waters of the state,all process wastes and associated storm water flows except for discharges that are caused by catastrophic and chronic storm events;". Dewatering controls are allowed so long as they are operated so that the dewatered material and water is not discharged to waters of the state. Comment#5:4(c)references 10 CSR 20-6.15(1)B(7).Should this be 10 CSR 20-6.015(1)B(7)? MORA Fact Sheet Page 14 of 14 permit design standards are for the 2-year,24-hour storm. Response:Catastrophic storm is defined in 10 CSR 20-6.015(1)(B)2 as"A precipitation event of twenty-four(24)-hour duration or less that exceeds the twenty-five(25)-year,twenty-four(24)-hour storm event."A chronic storm event is defined in 10 CSR 20-6.015(1)(B)3 as"A precipitation event with a duration of more than twenty-four(24)hours that exceeds the one-in-ten(1 in 10)-year return frequency." This information is found on the National Oceanic and Atmospheric Administration's National Weather Service Atlas 14.A link can be found in the permit part III.REQUIREMENTS 4. Comment#7: IV.SWPPP Management Requirements 1.Multilevel numbering is off. Response: This has been corrected,thank you. Comment#8:VIII.Standard Permit Conditions 2.Land Ownership and Change of Ownership 2(c)—Please clarify if an individual needs a land disturbance permit for their personal residence if the portion of land sold is equal to or greater than one acre,as it states in the proposed permit,or only if they will be disturbing one acre or greater. Response:The word`disturbed' has been included in this portion to add clarity. DATE OF FACT SHEET: 10/13/2021 COMPLETED BY: SARAH WRIGHT ENVIRONMENTAL SPECIALIST MISSOURI DEPARTMENT OF NATURAL RESOURCES WATER PROTECTION PROGRAM OPERATING PERMITS SECTION-STORMWATER AND CERTIFICATION UNIT (573)526-1139 Sarah.wrightakinr.mo.gov,dnr.generalpermits(a),dnr.mo.Eov DNR_Landscape Legend i s r„i ,v' ' =J O Land Disturbance Point iffil-- „ . )+,Y yi. $ 16 .,• ,...x -. ..• r it " ' , ; Land Disturbance Area 42;1'4.,,F;;;-4,..,t,, ,�tist n• f +:+• ',+ .< t ,, . ,' i. r 12 Digit Watershed Boundaries " t T '� ;� ? f Q r3 •::*\ ,; , , Impaued Lakes-303(d) et. s• it �, ,l ,� 'R:r1 -= _ F_.._ Stream Classifications and Use Designations +j;�= -'' r; :f • • • + .��1 Y fir; S { ;;���„yY4 .yMt,•- .�_y Q Lake Classifications and Use Designations 5 s �' ` l' �� -...'"N. s • • { �. J Public Land Survey System rt, ••• °t'A 10,---4 4- + 3 '• d •••r'rf. a" 1 {} ;�' ,: •• • 3 t (i If ` .+ Interstates and U.S.highways , ! �P;3+JJs-32 ti. �1' 'l. -. • _,{ .,r°., r r • { itt� {` w` ? �)itIT Le- IMO State numbered routes Lk,. t • • I i 51 NR33WS33 t. .� ,s,',��4' �.State letttered routes • s; C',Y.' • p k•�� : • J :,r '_+ ' •", ,- . a ' i `' •''1 ' r NR.33WS3 �, i • rr: �, , _ t; 1 r, . J. •.1 ramps ` • t -t4 4 J 4' • �• r e'' '• ` ^. $• • '•_ • t• $;, �... t.-. "rt 4' • " t , . _ ,rn, Major roads Jy}'� ti. 4- i •�•C O _4 ! 'Y -RN'. r' ,� 'r�•^a► :.; �' • i k—s. -{ ,r. 1 -` Minor roads 1w .�. • ` r t :, ,., i; '1 f � At t! ! —'— Railroads � .• ,: j 1 ° RSP �r • y J • Iri�t i►F iiir0 ff . r s- f ." t _ I County Boundaries • .'. r :` _� r ,. r• • tr 'it Lake or Pond ' r .1 - t • 2;, • • r is . 1 •'' > ,, • Ir ,F s �1, � ,4. r '�' f V,. , k Lake or Pond/Intermittent i •R11 f t .'� { _ ,{', A 6 % ® Lake or Pond/Perennial + 51r1f". `�� •� '�• v[• i3• {/�. • , rya `n A , rr J }1 r �gt r -c �' t Reservoir '4Ir .4- ..°r tL ,•r. 'Yt•;.• L:3Ty .'• 1 + "'Zi 4V Swamp or Marsh ' y+ e!.• _ v't ( fM•r-,' �� ski% i . .. • 1 ':9. ` s> v ~i Other;Artificial Path ;•\ x' • �. U .;� Canal or Ditch • ' w 'i••'• r y , f r1i � 4.( • • i-: 2 ! . / , , �• +t;4+ .'y ' t ;�•y" r ,? ��'_ t=- , �. •Ctti�� �,� ,, Stream or River s '' "� ? ;'' �• }y ' r'...;fi I � �( ',, .�?r� Stream or River/Intermittent 't 'mot r g I"' 1. •, i j • �:i ' '_ �•' Stream or River/Perennial T5ONR33WS05_'ig' ',y ` „�i 9 _- "' • • .' $ i -A ,•+ �, :..'�' f • +� `, } • H. ' t t';. .,�;,, h .S/T50NR33WSQ I—••�Municipalities Boundary i t, 1 c �i i * i 1i`C ,. ~ / \` . ` Municipalities Fill F �' r • '1 ,r Q �. `� j "t Itt "�* j r# • , - `� ' i , - • "r•►�..- 0 530 1,060ft �1 7 •'--." - ,-....,..,1!: •:. , '... . ' - i .• - trit . -..i .:„...„..,":,t' • 6 4 , arch 19, 2024 ar: Although this map has been compiled by the Missouri Department of Natural Resources, no warranty, expressed or implied, is made by the department as to the of the data and related materials. The act of distribution shall not constitute any such warranty. and no responsibility is assumed by the department in the use of these elated materials. PUBLIC NOTIFICATION SIGN MISSOURI DEPARTMENT OF NATURAL RESOURCES STORMWATER DISCHARGES FROM THIS LAND DISTURBANCE SITE ARE AUTHORIZED BY THE MISSOURI STATE OPERATING PERMIT NUMBER: ANYONE WITH QUESTIONS OR CONCERNS ABOUT STORMWATER DISCHARGES FROM THIS SITE, PLEASE CONTACT THE MISSOURI DEPARTMENT OF NATURAL RESOURCES AT 1 - 800 -361 -4827 4 MI MISSOURI DEPARTMENT OF NATURAL RESOURCES ® „ Division of Environmental Quality Regional Offices Kansas City Area St. Louis Area Northeast Area ® Kansas City Regional Office • St.Louis Regional Office ® Northeast Regional Office 500 NE Colbern Rd. 7545 S.Lindbergh,Ste 210 1709 Prospect Drive Lee's Summit,MO 64086-4710 St.Louis,MO 63125 Macon,MO 63552-2602 816-251-0700 FAX:816-622-7044 314-416-2960 FAX:314-416-2970 660-385-8000 FAX:660-385-8090 Southwest Area Southeast Area Central Area ® Southwest Regional Office O Southeast Regional Office O Department Central Offices 2040 W.Woodland 2155 North Westwood Blvd. P.O.Box 176 Springfield,MO 65807-5912 Poplar Bluff,MO 63901 Jefferson City,MO 65102-0176 417-891-4300 FAX:417-891-4399 573-840-9750 FAX:573-840-9754 573-751-3443 Central Field Operations P.O.Box 176 Jefferson City,MO 65102-0176 573-522-3322 FAX:573-522-3522 Atchison Nodaway Worth I Harrison Mercer Putnam Schuyler Scotland Clark Gentry Sullivan Holt Grundy Adak Knox Lewis Andrew Daviess ' DeKaib Lon Macon LJvingston 4111) Caldwell Shelby Marion Clinton Macon Chanton Monroe Rails Buchanan Carroll Randolph Platte Ray Cirly Audra.e P'ke e."-N.-ei .Howard Boone I Lincoln Kansas Q City , Lafayette Salve E Callaway v Jackson Johnsen Perms Cooperc /Jefferson Wa en St.CParles Cass City...,— Momtcau t*ct.,./ 0- ' ) St. Louis Henry ,�— ,-r g Mo-gal . Cole ,, °sage 8 Utter Manes Franklin Manes Jelfe�or St.Cie, ri oenlon Crawford `1n oe Hickory Cam7en Pulaski o Ste Genevieve Dallas �. Pew Cedar tsi .Polk Laclede Dent � Cape Dade Texa> Reyr lcs , Caeirdaeu Webster Wnght i Greene Shunnort O Jasper �_.! m •Lawrence I®Springfield Wayne Scott Newton Christian Douglas Hooch i Caller _n Slone I .Oregon — -- _Poplar Bluff _ Taney Ozark I I Ripley ` McDonald I O Stoddard Barry I New Wend n...vrM o STORM WATER POLLUTION PREVENTION PLAN Gatewoods Flood Benching City of Riverside 2950 NW Vivion Rd Riverside, MO 64150 OWNER'S CERTIFICATION and DELEGATION I 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 Projects&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: Travis Hoover Title: City Engineer Signature,Date: Phone: 816-741-3993 STORM WATER POLLUTION PREVENTION PLAN Gatewoods Flood Benching City of Riverside 2950 NW Vivion Rd Riverside,MO 64150 CONTRACTOR'S CERTIFICATION and DELEGATION 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). I 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. Contractor: Authorized Representative: Title: Address: Signature, Date: 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: Title: Signature,Date: Phone: STORM WATER POLLUTION PREVENTION PLAN Gatewoods Flood Benching City of Riverside 2950 NW Vivion Rd Riverside,MO 64150 SUB-CONTRACTOR CERTIFICATION 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). Contractor: Sub-Contractor: Authorized Representative: Title: Signature, Date: Phone: Sub-Contractor: Authorized Representative: Title: Signature, Date: Phone: Sub-Contractor: Authorized Representative: Title: Signature, Date: Phone: SECTION 2 Storm Water Pollution Prevention Plan (SWPPP) STORM WATER POLLUTION PREVENTION PLAN PROJECT AND SITE DESCRIPTION: PROJECT NAME AND LOCATION Gatewoods Flood Benching The project is located north of NW 50th Street in the open space of the Gatewoods subdivision. Parkway. Total Site Area: 4 Acres Estimated Disturbed Area: 1.7 Acres OWNER'S NAME AND ADDRESS City of Riverside 2950 NW Vivion Road, Riverside,MO 64150 DESCRIPTION This project will consist of clearing and grubbing and excavation to create a flood bench along Jumping Branch Creek.Soil disturbing activities will primarily include: 1. Clearing and grubbing. 2. Earthwork excavation. 3. Site grading. The estimated completion date of the construction project is May 30,2024. SOILS,AND RAINFALL INFORMATION The site consists of soils that are classified by the USDA Soil Conservation Service as approximately 91%composed of Kennebec silt loam with 1-4% slopes that are frequently flooded . See NRCS Soil Map for spatial distribution of soils in 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 directly into Jumping Branch Creek which flows into Line Creek. Line Creek flows into the Missouri River, which ultimately flows into the Gulf of Mexico through the Mississippi River. 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. See Exhibit F for location. A. Straw wattles to be installed along Jumping Branch Creek during excavation. 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 Exhibit F contained in the project manual. The order of activities will be as follows and shall be documented on the Record of Stabilization and Construction Activities Form: A. Excavate section along Jumping Branch Creek at ordinary high water mark. B. Install straw wattle at excavation point. C. Disturbed areas of the site where construction activity has ceased for more than 14 days shall be stabilized. D. Carry out final grading and seeding. E. Remove BMPs only after all exposed surfaces are stabilized. 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 collected and stored in securely lidded metal dumpsters rented from local waste haulers or daily removed from the site.The dumpster will meet all local and state solid waste management regulations. All waste and construction debris from the site will be deposited in the dumpsters. The dumpster will be emptied on a periodical basis.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. 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. 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 straw wattles when it has reached one-third the height of the wattle. 4. Straw wattles will be inspected for depth of sediment and other breaches. 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. 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. n Built-up sediment will be removed from straw wattles when it has reached one- third the height of the straw wattle. ❑ Straw wattles will be inspected for depth of sediment and other breaches. ❑ Diversion dikes, if present,will be inspected and any breaches promptly repaired. n 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 storm 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. STORM WATER POLLUTION PREVENTION PLAN CONSTRUCTION/IMPLEMENTATION CHECKLIST 1. Maintain Records of Construction Activities,including: I I Dates when major grading activities occur. Dates when construction activities temporarily cease on a portion of the site. n D- ates 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. ❑ O- bserved conditions. ❑ Changes necessary to the SWPPP. 3. Report Releases of Reportable Quantities of Oil or Hazardous Materials(if they occur): ❑ Notify National Response Center(1-800-424-8802) immediately. n N- otify the Missouri Department of Natural Resources. ❑ Notify permitting authority in writing within 14 days. 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. 0 Prevent reoccurrence of reportable quantity releases of a hazardous material or oil. 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: Petroleum based products 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. 1. 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/federal recommended methods for proper disposal will be followed. I. 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. 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 of the 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. Pavement wash waters where spills or leaks of hazardous materials have not occurred, or detergents have not been used. C. Springs and other uncontaminated groundwater, including dewatering ground water infiltration. D. Foundation or footing drains where no contamination with process materials such as solvents is present SECTION 3 Inspection Report Form Record of Stabilization and Major Activities Form SWPPP Modification Report Form Project Rainfall Log Form STORM WATER POLLUTION PREVENTION PLAN Gatewoods Flood Benching City of Riverside 2950 NW Vivion Road Riverside,MO 64150 INSPECTION REPORT FORM Inspection Date: Inspector: Does Inspector have Required Training? Y N Date&Amount of Last Rainfall: Condition of: 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: , 2024 These reports shall be kept on file as part of the Storm 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 SWPPP shall be always available during construction,on the construction site,or pre-approved off-site location. STORM WATER POLLUTION PREVENTION PLAN Gatewoods Flood Benching City of Riverside 2950 NW Vivion Road Riverside,MO 64150 RECORD OF STABILIZATION AND MAJOR ACTIVITIES FORM 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.. MAJOR GRADING.CONSTRUCTION.OR STABILIZATION ACTIVITIES, Description of Activity: Location: Contractor: Begin Date: End Date: Stabilization Method: Application Date: Description of Activity: Location: Contractor: Begin Date: End Date: Stabilization Method: Application Date: Description of Activity: Location: Contractor: Begin Date: End Date: Stabilization Method: Application Date: Description of Activity: Location: Contractor: Begin Date: End Date: Stabilization Method: Application Date: Description of Activity: Location: Contractor: Begin Date: End Date: Stabilization Method: Application Date: STORM WATER POLLUTION PREVENTION PLAN Gatewoods Flood Benching City of Riverside 2950 NW Vivion Road Riverside,MO 64150 SWPPP MODIFICATION REPORT FORM Date Submitted: Submit To: City of Riverside Address: 2950 NW Vivion Road Riverside,MO 64150 Telephone: 816-741-3993 Email: nbennion@riversidemo.gov Sent Via: ❑ Email Courier US Mail Authorized Author: Title: Company: Project Role: Signature: Date: Modifications Required to the STORM WATER POLLUTION PREVENTION PLAN: Reasons for Modifications: STORMWATER POLLUTION PREVENTION PLAN City of Riverside 2950 NW Vivion Road PROJECT RAINFALL LOG FORM Riverside, MO 64150 YEAR: 2024 Day Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Initials SECTION 4 Final Stabilization Certification Checklist and Contractor's Certification STORMWATER POLLUTION PREVENTION PLAN Gatewoods Flood Benching City of Riverside 2950 NW Vivion Road Riverside,MO 64150 FINAL STABILIZATION CERTIFICATION CHECKLIST AND CONTRACTOR'S CERTIFICATION I 1 All soil disturbing activities are complete. n 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 uniform 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 Name: Signature: Date: Title: Company Name: SECTION 5 Attachments Attach here all required record keeping documentation of the SWPPP