C I T Y O F C A M D E N T O N

Transcription

CITY OF CAMDENTON
437 West U.S. Highway 54
Camdenton, MO 65020
573/346-3600 FAX 573/346-2926
Website: www.camdentoncity.com
NOTICE OF OPEN MEETING
DATE/TIME POSTED ON THE CITY HALL BULLETIN BOARD: 1/30/15 3:00 PM
Notice is hereby given that the Camdenton Board of Aldermen will meet in Regular
Session as follows:
TENTATIVE AGENDA
REGULAR SESSION
FEBRUARY 3, 2015 - 7:00 PM
CITY HALL – 437 WEST U.S. HIGHWAY 54
***Note: Please be courteous - Make sure that your cell phone is turned off or on a silent tone only***
1. CALL TO ORDER
A. Invocation and Pledge of Allegiance to the Flag
2. APPROVAL OF THE MINUTES OF THE JANUARY 20, 2015 REGULAR SESSION
3. PUBLIC HEARINGS - None
4. CITIZENS PARTICIPATION
(Under Citizens Participation -Citizens present and not otherwise listed on the Agenda are
permitted an opportunity to address the Board of Aldermen)
5. CITY ADMINISTRATOR REPORT
6. REPORTS FROM DEPARTMENTS, BOARDS AND COMMITTEES - None
7. RESOLUTIONS - None
8. BILLS REQUIRING SECOND AND FINAL READING
A. Bill No. 2563-15 – An Ordinance Amending the Code of the City of Camdenton Title VII:
Public Utilities; Chapter 700: Water and Sewer; Section 700.290 – Water Rate and
Amending Section 700.340: User Charge Rates
B. Bill No. 2564-15 - An Ordinance Amending the Code of the City of Camdenton, Title II:
Public Health, Safety & Welfare by Deleting Chapter 210: Animals and Fowl in its
Entirety and in Lieu Thereof Inserting New Chapter 210: Provisions Applicable to All
Animals; Chapter 211: Dogs; Chapter 212: Cats; and Chapter 213: Miscellaneous
Animal Provisions
9. INTRODUCTION AND FIRST READING OF BILLS
A. Bill No. 2565-15 – An Ordinance Authorizing the Mayor and City Clerk to Enter into an
Alternatives Funds Program Agreement with the Missouri Highways and Transportation
Commission and Sidewalk Improvement Agreement (Maintenance Agreement) for
Construction of Sidewalks – Phase I Referenced by Project Number TAP-9900 (563)
B. Bill No. 2566-15 – An Ordinance Authorizing the Mayor and City Clerk to Enter into an
Alternatives Funds Program Agreement with the Missouri Highways and Transportation
Commission and Sidewalk Improvement Agreement (Maintenance Agreement) for
Construction of Sidewalks – Phase I Referenced by Project Number TAP-9900 (529)
City of Camdenton
Tentative Agenda
February 3, 2015
Page 2
C. Bill No. 2567-15 – An Ordinance to Award the Bid and Authorize the Mayor and City
Clerk on Behalf of the City of Camdenton to Enter into a Contract Agreement with
APAC-MO, Inc. for the Asphalt Overlay Project for the Tennis Courts in the Camdenton
Community Park
D. Bill No. 2568-15 – An Ordinance to Award the Bid and Authorize the Mayor and City
Clerk on Behalf of the City of Camdenton to Enter into a Contract Agreement with
Frazier Davis Construction Company for the Resurfacing & Lining Project for the Tennis
Courts in the Camdenton Community Park
10. UNFINISHED BUSINESS - None
11. NEW BUSINESS
A. Mayor Appointment to Planning & Zoning Commission
12. MISCELLANEOUS BUSINESS
A. Community for Healthy Living Discussion
13. INVOICES/PAY REQUESTS PRESENTED FOR PAYMENT
A. Approval of the Monthly Bills and Project Invoices Submitted for Payment and Approval
of the Prepaid Vouchers
14. CLOSED SESSION – None
15. ADJOURNMENT
TO INCLUDE ALL OTHER MATTERS THAT MAY COME BEFORE THE BOARD FOR CONSIDERATION
Accommodations will be made for persons with disabilities-contact the City Clerk 24 hours prior to meeting
2
C IT Y OF CAMD E NT O N
REGULAR SESSION MINUTES
JANUARY 20, 2015 - 7:00 PM
CITY HALL - 437 WEST U.S. HIGHWAY 54
The Board of Aldermen of the City of Camdenton, met in Regular Session this 20 day of
January 2015, City Hall, 437 West U.S. Highway 54, Camdenton, Missouri, with Mayor John D.
McNabb presiding. A copy of the Tentative Agenda, Minutes of the January 6, 2015 meeting,
and Ordinances were posted on the City Hall bulletin board on Friday, January 16, 2015, and
forwarded to members of the media requesting same.
1. CALL TO ORDER
Mayor McNabb called the meeting to order at 7:00 PM. The following members of the Board of
Aldermen were present: Dan Hagedorn, Sandy Gentry, Gary Shepherd, Sandy Osborn, and
Gerry Rector. Absent: Steve Eden. Appointed officials and managers present included:
City Administrator Jeff Hancock, City Attorney Phil Morgan, City Clerk Renee Kingston, Police
Chief Laura Wright, Public Works Director Bill Jeffries, Fire Chief Drew Stark, Building Director
Dennis Croxton, and Corey Leuwerke, Lake Aviation. Guests registering their attendance are
listed on the sign in sheet attached to and made a part of the Minutes. Prayer was led by Mayor
McNabb, followed by the Pledge of Allegiance to the Flag.
2. APPROVAL OF THE MINUTES OF JANUARY 6, 2015 REGULAR SESSION
Alderman Gentry moved, seconded by Alderman Shepherd to approve the minutes of the
January 6, 2015 Regular Session. Call for vote: All those present voted in favor of the motion.
Absent: Eden
3. PUBLIC HEARINGS
A. Adjusting the Water and Sewer Rates in the City of Camdenton
Mayor McNabb opened the Public Hearing at 7:02 PM and called for comments.
Mr. Kerry Shannon, Resident, spoke regarding the fact that he has no problem paying for what
goes through his meter but does not want to have to pay for water that does not get metered.
Most specifically regarding Mulberry Well and the TCE issues. Mr. Shannon asked for an
update on this issue
Staff responded that while this is an on-going legal matter that we are not at liberty to divulge
any details except to say that the case is progressing.
Being no further comments, the Mayor closed the Public Hearing at 7:11 PM stating that the
ordinance for increasing water and sewer rates would be consider later in the meeting.
4. CITIZENS PARTICIPATION
Citizens present and not otherwise listed on the Agenda are permitted an opportunity to address
the Board of Aldermen. There being none the meeting proceeded.
5. CITY ADMINISTRATOR REPORT
Mr. Hancock reported the following in additional to his submitted report.
A. The first meeting the RDG Planning & Design team will be Tuesday, February 24 @ 5:30
PM with the Aldermen and Department Heads.
City of Camdenton
Page |1
Minutes
January 20, 2015
B. Information was distributed and there was a brief discussion regarding Neighborhood
Improvement Districts.
6. REPORTS FROM DEPARTMENTS, BOARDS AND COMMITTEES
A. Administration Department - City Clerk Renée Kingston
1. Monthly Statistical Report - Report was orally given from the submitted written report.
B. Airport - Lake Aviation Center - Corey Leuwerke
C. Building Department - Dennis Croxton
D. Fire Department - Acting Chief Todd Davis
E. Parks & Recreation - Director Larry Bennett
1. Monthly Statistical Report – In the absence of Mr. Bennett the report stood as
submitted.
F. Police Department - Chief Laura Wright
G. Public Works Department - Director Bill Jeffries
7. RESOLUTIONS - None
8. INTRODUCTION AND FIRST READING OF BILLS
A. Bill No. 2563-15 - An Ordinance Amending the Code of the City of Camdenton Title VII:
Public Utility; Chapter 700: Water and Sewer; Section 700.290 Water Rate and
Amending Section 700.340: User Charge Rates
Alderman Hagedorn moved, seconded by Alderman Shepherd to introduce Bill 2563-15 for the
first reading as presented, by title only. Bill read by title. Discussion followed. Roll call vote:
Aye: Hagedorn, Gentry, Osborn, Shepherd, and Rector; Nay: None; Abstain: None; Absent:
Eden.
By consensus of the Board the seconded reading of Bill No. 2563-14 will be at their next
regularly scheduled meeting, February 3, 2015.
B. Bill No. 2564-15 - An Ordinance Amending the Code of the City of Camdenton Title II:
Public Health, Safety & Welfare by Deleting Chapter 210: Animals and Fowl in its
Entirety and in Lieu Thereof Inserting New Chapter 210: Provisions Applicable to All
Animals; Chapter 211: Dogs; Chapter 212: Cates; and Chapter 213: Miscellaneous
Animal Provisions
Alderman Rector moved, seconded by Alderman Osborn to introduce Bill 2564-15 for the first
reading as presented, by title only. Bill read by title. Discussion followed. Roll call vote: Aye:
Rector, Osborn, Shepherd, Gentry and Hagedorn; Nay: None; Abstain: None; Absent: Eden.
City of Camdenton
Page |2
Minutes
January 20, 2015
By consensus of the Board the seconded reading of Bill No. 2563-14 will be at their next
regularly scheduled meeting, February 3, 2015.
9. UNFINISHED BUSINESS – None
10. NEW BUSINESS
A. Request to Solicit Bids to Replace Fencing at the Camdenton Ball Fields and Tennis
Courts
Alderman Rector moved, seconded by Alderman Gentry to approve the request to solicit bids to
replace fencing for the Camdenton Ball Fields and Tennis Courts. Call for vote: All those
present voted in favor of the motion. Absent: Eden
B. Request to Destroy Records Meeting Retention Schedule – Police Department
Alderman Rector moved, seconded by Alderman Gentry to approve the request to destroy
records that have met the retention schedule per State guidelines. Call for vote: All those
present voted in favor of the motion. Absent: Eden
C. Request to Fill Vacant Police Officer I Position
Chief Wright presented Mr. Michael L. Schwartze to fill a vacant Police Officer position within the
Department. Mr. Schwartze would be hired at Grade 8 Step 1 with a wage of $13.00 per hour
with full benefits effective Wednesday, February 4, 2015. Upon successful completion of field
training program and receiving a satisfactory evaluation he would be promoted to Police Officer
I and receive a $0.25 pay increase.
Alderman moved, seconded by Alderman to approve the recommendation to hire Mr. Michael L.
Schwartz as a Police Officer at Grade 8 Step 1 with an hourly wage of $13.00 per hour with full
benefits effective Wednesday, February 4, 2015; in addition, upon successful completion of field
training program and receiving a satisfactory evaluation he would be promoted to Police Officer
I and receive a $0.25 pay increase. Call for vote: All those present voted in favor of the motion.
Absent: Eden
11. MISCELLANEOUS BUSINESS – None
12. CLOSED SESSION - None
13. ADJOURNMENT
Being no further business to consider, Alderman Hagedorn moved, seconded by Alderman
Gentry that the meeting be adjourned. Call for vote: All those present voted in favor of the
motion. Absent: Eden Meeting adjourned at 7:49 PM.
Minutes by Renée Kingston ____________________________
_____________________________
John D. McNabb, Mayor
ATTEST: _____________________________
Renée Kingston, City Clerk, MRCC
City of Camdenton
Page |3
Minutes
January 20, 2015
CITY OF CAMDENTON
WELCOME!
PLEASE SIGN IN
January 20, 2015 7:00 p.m.
**"If you wish to address the Board of Aldennen, please fill out a "Speaker Card" and hand it to the City Clerk
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City Administrator Report
The Honorable Mayor
and Members of the Board of Aldermen
City of Camdenton, Missouri
January 29, 2015
Letter No. 15-003
SUBJECT: City Administrator Report
Dear Mayor and Board Members:
The following City Administrator Report, while respectfully submitted to the Camdenton
Mayor and Board of Aldermen, is provided and available to the general public, media,
friends, and fellow co-workers to inform them of community activities.
I am a believer in the "Leadership Challenge" program. It notes that everyone in our
organization is a leader and that everyone can improve their leadership skills. It also
notes that research shows that the following are five trainable traits of a great leader:
Inspire a Shared Vision
Challenge the Process
Enable Others to Act
Encourage the Heart
Model the Way
"Leadership is not just about what you do but
what you can inspire, encourage and
empower others to do.
Jon Gordon, business consultant, author
This quotation centers on the leader's trait of "Enable Others to Act".
February 3, 2014 BOARD OF ALDERMEN MEETING
If you desire, I am open to discussing ideas on the preliminary 2015-2016 budget
calendar, financial management policies, and unfinished Clint Avenue Neighborhood
Improvement District {NID) process contained in this report.
1
Comprehensive Plan Process to begin Monday, February 23 and
Tuesday, February 24, 2015
As communicated at the last Board meeting, the update of the City's Comprehensive Plan
will start on Monday, February 23 and Tuesday February 24. Representatives from ROG
will meet with the Mayor and Board of Aldermen as well as the Department Directors at
5:30 p.m. on Tuesday, February 24, 2015 in the Board Chambers at City Hall. We
plan to have a light dinner and would urge your attendance.
Unfinished Clint Avenue Project and Use of a Neighborhood
Improvement District for Curb and Gutter Improvements
Attached is a draft proposed Neighborhood Improvement District petition for the Clint
Avenue project. Subject to approval at your next board meeting and your determination to
proceed on making a final determination on the project for future acceptance, we would
later schedule a meeting with the property owners and request that they circulate the
petition and return the petition with two thirds of the property owners signatures agreeing
to pay for the curb and guttering through a Neighborhood Improvement District. Our City
Attorney and I are still working on the exact procedure for your February 17 Board
Meeting.
Draft Budget Calendar and Financial Management Policies
Attached is a draft budget calendar for the upcoming budget cycle. Items noted in yellow
are new. Included in the calendar is board approval of the five year capital improvement
plan. The calendar also includes a possible short budget retreat before the budget is
prepared and submitted. This would give an opportunity to hear from the Department
Directors on their requests and also hear from the City Administrator on revenue forecasts
and assumptions. We are also working on the development of formal financial
management policies for consideration and adoption. This would not only give us
guidance on budget preparation, but also provide for better long term financial planning.
On another note, I have been throwing out the idea with the Department Directors and the
Mayor on possibly changing the beginning of the budget from July 1 to October 1. If
approved this could change the attached draft budget calenda r. In my opinion and in
discussions with other Department Directors changing to an October 1 beginning budget
date would help us better plan our construction projects and obtain better bids by getting
the projects out early during the construction season, eliminate the split of keeping track of
parks and recreation revenues, costs, and activities mid season, and better coordinate
with our upcoming comprehensive planning efforts.
The City Clerk indicates that of the Central Missouri City Clerks she surveyed, 12 cites
have July 1, 6 cities have October 1, 9 cities have January 1, and 4 cities have other dates
in the year for their beginning budget dates. Your thoughts and ideas are welcomed.
Proposed LOREDC Housing Study
As you are aware I am the chairman of the LOREDC Housing Committee. The schedule
for completing this project is as follows :
2
•
•
•
•
Finalize the Request for Proposals (RFP) for presentation to the LORDEC Board at
11 :30 a.m., Thursday, February 26.
Develop a list of potential contributors for discussion with the LORDEC Board.
Send out the RFP in March, with review and interviews in April.
LOREDC contract with housing study contractor could take place in May.
New Sludge Basin Project at Camdenton Sewer Treatment Plant
As included within the 2014-15 City budget, the City is proceeding on the design and
implementation of a new sludge basin at the Camdenton Sewer Treatment Plant. Darren
Krehbiel Consultants, LLC has prepared the Plans and Specifications and submitted those
plans to the Missouri Department of Natural Resources on January 9, 2015. Attached is
the preliminary project calendar for this important City project.
City Safety
I recently developed an expanded City Safety committee made up of the following
members: Safety Coordinator - Jeff Hancock, Administration - Tish Sims, Park and
Recreation - Rob Bleck, Police - Jared Lane, Fire - Jim Clarke, Public Works - Chris
Finley. The group has met two times and at the last meeting they reviewed our
existing Safety program, and additional CPR/AED certifications.
We will be
discussing these issues with the Department Directors and working on revising our
Safety Policy for future Board action. The group meets quarterly.
MO DOT 325 System
The Missouri Department of Transportation (MO DOT) recently announced a cut back
on highway and road maintenance. Attached is their proposal which would only
provide major maintenance on the routes shown. The State's letter roads and
existing numbered urban connector roads would receive minimal maintenance.
Recent City Administrator Activities, Meetings and Events
Since our last Tuesday January 20 Board meeting, Wednesday morning included a
LOREDC Housing committee meeting and a Rotary noon luncheon. That Wednesday
afternoon I left for Columbia for the beginning of the annual Missouri City Manager Winter
Training Conference. I spent that night with my sister and then completed the conference
Thursday and then returned late Thursday afternoon. I took a vacation day Friday to go to
Kansas to bird hunt.
The week of January 26 included a Monday morning City Safety Committee meeting, a
meeting on Tuesday with the Council of Local Governments Executive Director, a
Wednesday Rotary noon luncheon and a meeting that afternoon with a developer. Early
Thursday morning was the Lake Area Chamber Eggs and Issues breakfast meeting. Later
I met with a representative of a property owner near the Airport. Friday morning I plan to
meet with the Mayor, City Clerk, and Larry on the ROG survey and the upcoming
conference call on the preparation of the ROG February community meetings. Friday
afternoon I plan to leave for an eye exam in Springfield.
3
Upcoming City Administrator Activities, Meetings, and Events
Next week includes a Monday morning ROG Planning and Design conference call with the
Mayor, City Clerk, Director of Public Works, Building Official, and Parks Director. On
Tuesday I plan to: attend a radio show at KJEL in Lebanon; a Council of Local
Governments Economic Development Committee meeting at Lake Ozark; a Board of
Adjustment meeting, and then our first monthly Board of Aldermen meeting that evening.
Wednesday morning will include the Chamber Executive Director and Camdenton City
Administrator's monthly appearance at the Coyote Radio Station, our bi-monthly
Department Director Meeting, and a noon Rotary Meeting.
The week of February 9 now appears to include a Planning Commission meeting
Tuesday, a Wednesday Rotary luncheon meeting, and an early Thursday morning
appearance with the Camdenton Chamber of Commerce Board of Directors. and other
catch up work.
UPCOMING BOARD OF ALDERMAN MEETING AGENDA ITEMS
Some possible Board of Aldermen Agenda items for the February 17 Board of Aldermen
meeting may include:
•
•
•
•
•
Consideration of a Special Use Permits Submitted by US Cellular for at
Turner Parkway and Oklahoma Street
Bid Award and Fencing Contract
Transfer of old PD cars, sale of Fire Chief Car and PW Truck.
Final Determination to Proceed with Clint Avenue Street Acceptance
and Approval to Proceed with a Neighborhood Improvement District
(NID) for curb and gutters for said project
Ball Park Concession Stand, Swim Lesson Instructor Agreements etc., may
also be reported on.
As always, if there are questions or you need additional information, please make do not
hesitate to contact me.
4
Draft
PETITION FOR THE CREATION OF THE
SHADOW OAKS SUBDIVISION SECOND ADDITION
NEIGHBORHOOD IMPROVEMENT DISTRICT
To the Governing Body of the City of Camdenton, Missouri:
The undersigned, being the owners of record of more than two-thirds (2/3) by
area of all real property within the hereinafter described neighborhood improvement
district, do hereby petition and request that the City create a neighborhood
improvement district as described herein and incur indebtedness and issue general
obligation bonds and/or notes of the City to pay for all or part of the cost of public
improvements within such district, the cost of all indebtedness so incurred to be
assessed against the real property within said district benefited by such improvements,
under the authority of Sections 67.453 to 67.475, inclusive RSMo (the "Neighborhood
Improvements District Act").
A The project name for the proposed improvements is:
Shadow Oaks Subdivision Second Addition
Neighborhood Improvement District Project
B. The general nature of the improvements proposed to be made is as follows:
To design, construct and inspect for City acceptance the curb and gutters
necessary to complete the Clint Avenue Street Improvement Project.
C. The estimated cost of the proposed improvements is $19,200 or 1200 linear feet at
$16.00 per linear foot. The final cost of such improvements assessed against the
property within the district (and the amount of financing of the City issued or
obtained shall not exceed such estimated cost by more than 25%. The
estimated cost will include all costs, including financing costs, legal fees
and administrative fees, not only construction costs. It does not include
interest on the issuance of general obligation bonds, but does include
interest on temporary notes, if any.
D. The special assessments will be assessed in substantially equal annual
installments over a period of 10 years.
E. A boundary description and map of the proposed neighborhood improvement
district is attached hereto as Exhibit A. The district is located entirely within the
City limits of the City of Camdenton, Missouri. .
F. The proposed method of assessment is as follows :
Assessments to the property owner will be assessed on a linear foot basis to the
adjoining property owner or owners based upon the property's boundary adjacent
to the proposed curb and gutter project. This will not include any annual
assessment of maintenance costs for the improvement in each year after the
bonds issued for the original improvement are paid in full.
G.
THE NAMES OF THE SIGNERS OF THIS PETITION MAY NOT BE
WITHDRAWN FROM THIS PETITION LATER THAN SEVEN (7) DAYS AFTER
THE FILING HEREOF WITH THE CAMDENTON CITY CLERK. .
Printed Name of Signature of Property Owned Within
Owner of Record Owner of Record* Proposed Improvement District
Address:
- --Lot#
- -- - Subdivision :- - - - - Address:
Lot#
Subdivision: - - - -- Address:
Lot#
Subdivision: - - - -- Address:
Lot#
Subdivision:- - -- - Address:
Lot#
Subdivision: - - -- - *Persons signing on behalf of a corporation or other legal entity or as
representative of the owner must attach documentation of the signer's authority.
- - - - - - - - -- --
AFFIDAVIT OF CIRCULATOR
I,
, a property owner of
record of the proposed neighborhood improvement district described herein,
being first duly sworn, hereby say that the above and foregoing signed this
petition and each of them signed his/her name thereto personally in my
presence; I believe that each has accurately stated his/her name and property
location, and that each signer is a property owner of record of the proposed
neighborhood improvement district herein described .
Signature of Affiant:_ _ _ _ _ _ _ __ _
Printed Name &
Address of Affiant:
- - - - - - -----
Subscribed to and sworn to me this _ day of _ __ _ _, 20_.
Signed :_ _ _ _ _ _ _ _ _ _ __ _ __
(NOTARY SEAL) My commission expires:_ __ _ _ _ _ __
Notary Certificate:
[CLERK]'S RECEIPT OF PETITION :
This Petition was filed in my office on _ __ _ __ _ __ , 20_
(SEAL)
[Clerk]
.
EXHIBIT A
Boundary Description and Map of Neighborhood Improvement District for
SHADOW OAKS SUBDIVISION SECOND ADDITION
NEIGHBORHOOD IMPROVEMENT DISTRICT
CERTIFICATE OF AREA OWNED BY PETITIONERS
I, [Clerk] of Cole County, Missouri, hereby certify as follows :
(1) I have examined the Petition requesting the creation of a neighborhood
improvement district for the proposed [Project Name] filed in my office on
- - - - - -- - ' 20_.
(2) At least seven days have passed since said Petition was filed and none of
the signers have withdrawn their names from the Petition.
(3) The total area of all real property within the proposed neighborhood
improvement district is_ _ _ _ _ _ _ _ _ __ _
(4) The total area owned by the singers of the Petition is _ _ _ _ _ __
DATED :~
. _
_ _ _ _ __
[Clerk]
City of Camdenton, Missouri
, 20_
Draft 2015-2016 FISCAL BUDGET CALENDAR
DATE
1-Feb
6-Mar
13-Mar
17-Mar
31-Mar
16-Apr
4/21-5/ 1?
5-May
14-May
2-Jun
21-Jun
WHAT
Memo to Dept Heads to submit budgets for upcoming fiscal year
Department Heads submit Proposed 5 Year CIP Plans
Estimated Revenues to City Administrator
Board Approval of Proposed 5 Year CIP Plans
INIATED BY
Budget Officers (City Administrator)
Department Heads
Finance Officer
Department Heads turn in budget worksheets
Budget Officers meet wih Department Heads
Budget Retreat with Board and Department Directors 5:30 p.m.?
Department Heads
City Administrator
Potnetial Adoption of New Financial Management Policies
City Administrator
Budget Finalized to present to Board for review May 19
Budget Officers
First Reading
2nd & Final Reading
tS-Dt ~e
City of Camdenton
Sludge Basin
Project #1196
Activi~
Plans and Specs to City
City to DNR
Approval (comments) from MoDNR
Date
Time
Duration
Wednesday, January 07, 2015
Friday, January 09, 2015
Monday, February 09 , 2015
31
Days
Final Plans and Specifications (based on
comments}
Monday, March 02, 2015
21
Days
Approval from Council
Tuesday, March 03, 2015
Notice to Bidders
Thursday, March 05, 2015
2
Days
Pre-Bid Meeting
Tuesday, March 24, 2015
10:00 AM
19
Bid Date
Thursday, April 09, 2015
2:30 PM
35
Award by Council
Tuesday,April21 , 2015
7:00 p.m.
Pre-Construction Meeting
Monday, April 27, 2015
6
Days
Construction Begins
Tuesday,April 28, 2015
1
Days
\Nednesday,August26,2015
120
Days
Construction Ends
Darren Krehbiel Consultants, LLC
7:00 p.m.
Days from
Notice
Days from
Notice
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FEBRUARY 3, 2015 MAYOR AND BOARD OF ALDERMEN MEETING
ITEM 8-A: Bill No. 2563-15 - Second Reading of Ordinance Adjusting Water and Sewer Rates
BACKGROUND:
Records indicate that the last water and sewer rate adjustment was in February 2012. Our
current rates are as follows:
Water Rates:
$8.80 for the first 2,000 gallons of water used plus
$3.25 for every 1,000 gallons thereafter
Sewer Rates:
$6.85- Base rate (based on water usage) plus
$2.18 for every 1,000 gallons of water used
After review and analysis of our current rates the ending Water and Sewer Fund balances notes
a deficit. Based on this analysis the following rates have been recommended :
Water Rates:
$10.00 ($1 .20 increase) for the first 2,000 gallons of water used plus
$3.25 (no increase) for every 1,000 gallons thereafter
Sewer Rates:
$8.28 ($1.43) increase) - Base rate (based on water usage plus
$2.18 (no increase) for every 1,000 gallons of water used
These base rates would raise the average monthly bill to $46.97 or result in an increase for the
average customer of $2.63 or a 5.93% monthly increase.
FISCAL IMPACT:
Increased revenues by approximately $56,000 annually.
RECOMMENDATION:
Recommend approval of second reading of ordinance amending the code for adjustment of
water and sewer rates.
Date: January 27, 2015
BILL NO.
2563-15
ORDINANCE NO.
AN ORDINANCE AMENDING THE CODE OF THE CITY OF CAMDENTON TITLE VII:
PUBLIC UTILITIES; CHAPTER 700: WATER AND SEWER; SECTION 700.290-WATER
RATE AND AMENDING SECTION 700.340: USER CHARGE RATES
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF CAMDENTON,
MISSOURI, AS FOLLOWS:
Section 1: That Section 700.290: Water Rates of the Camdenton City Code is hereby amended
as follows:
SECTION 700.290: WATER RATE
The monthly rates required and which shall be charged and collected by the City of Camdenton
for water and water service furnished by the Combined Waterworks and Sewerage System of
the City of Camdenton effective May 1, 2010 March 1, 2015 shall be as follows:
1.
For the first (1s~ two thousand (2,000) gallons or fraction thereof, a minimum charge of
eight dollars and eighty cents ($8.80) ten dollars and zero cents ($10.00) per month
prorated for the first (1 s1) month for new subscriber service.
SECTION 700.340: USER CHARGE RATES
D. The minimum charge per month shall six dollars and eighty five cents ($6.85) eight
dollars and twenty-eight cents. In addition, each contributor shall pay a user charge rate
for operation and maintenance including replacement of two dollars and eighteen cents
($2.18) per one thousand (1,000) gallons of water (or wastewater) as determined in the
preceding Section effective May 1, 2010 March 1, 2015.
Section 2 . This Ordinance shall be in full force and effect after its approval by the Board of
Aldermen and approval by the Mayor.
Section 3. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby
repealed .
Read the first time this 20 day of January, 2015
Read the second time and passed and approved this _ _ day of February, 2015.
ATTEST:
Renee Kingston, City Clerk, MRCC
ITEM 8-B: Bill No. 2564-15 - Second Reading Animal Control Ordinance
BACKGROUND:
At the last Board meeting the Board of Aldermen passed the first reading of Bill No. 2564-15
regarding animal control.
City Attorney Morgan and staff present the attached ordinance which would delete our current
Chapter 210 and replace with Chapters 210-213.
FISCAL IMPACT:
Unknown at this time.
RECOMMENDATION:
Recommend second reading of Bill No. 2564-15 as presented.
Date:
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BILL NO. 2564-15
ORDINANCE NO.
AN ORDINANCE AMENDING THE CODE OF THE CITY OF CAMDENTON, TITLE II: PUBLIC
HEALTH, SAFETY & WELFARE BY DELETING CHAPTER 210: ANIMALS AND FOWL IN ITS
ENTIRETY AND IN LIEU THEREOF INSERTING NEW CHAPTER 210: PROVISIONS
APPLICABLE TO ALL ANIMALS; CHAPTER 211: DOGS; CHAPTER 212: CATS; AND
CHAPTER 213: MISCELLANEOUS ANIMAL PROVISIONS
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF CAMDENTON AS
FOLOWS:
Section 1. That the Code of the City of Camdenton, Title II: Public Health Safety & Welfare by
deleting Chapter 210: Animals and Fowl in its entirety and in lieu thereof inserting new Chapter
210: Provision Applicable to All Animals; Chapter 211 : Dogs; Chapter 212: Cats; and Chapter
213: Miscellaneous Animal Provisions, which is attached to and made a part of this Ordinance,
identified as Exhibit A.
repealed.
Section 3. This Ordinance shall be in full force and effect from and after its passage by the
Board of Aldermen and approval by the Mayor.
Read the first time 20 day of January 2015
Read the second time and passed and approved this _ _ day of February 2015
ATTEST:
CHAPTER 210: PROVISIONS APPLICABLE TO ALL ANIMALS
SECTION 210.010: DEFINITIONS
The following words , terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
ABANDON: Relinquishing custody of an animal without making alternative arrangements for its
care and protection, or leaving an animal confined without providing water or minimum nutrition
as required under this chapter.
ANIMAL CONTROL BOARD: A Board made up of the City Administrator, Chief of Police and
another person as may be appointed by the Mayor from time to time. Should any of these
positions be vacant or the person unavailable, the Mayor may appoint a substitute as
necessary.
ANIMAL CONTROL OFFICER: A person designated as such by the City Police Department.
AT LARGE: With reference to a dog, not confined or restrained as required under this chapter.
BREEDER: Any person who maintains an unaltered (unsterilized) dog or cat and breeds such
animal for any consideration of profit, fee or compensation.
CAT: Any domesticated breed within the feline family.
CITY: Means the City of Camdenton, Missouri.
DOG: Any domesticated breed within the canine family.
DOMESTICATED ANIMAL: An animal that has adapted to life in close association with and to
the advantage of humans, such as animals that are kept by humans as pets or as livestock.
OWNER: Any person who owns, keeps, harbors or exercises control over any animal. A
person shall be considered to harbor an animal if they feed or shelter such animal for five (5)
days or more.
STERILIZE: The surgical alteration of an animal through spaying or neutering so that it is
incapable of reproduction.
VACCINATION: An injection of any vaccine for rabies approved by the state veterinarian
board and administered by a licensed veterinarian.
SECTION 210.020: EXEMPTION
The provisions of this Chapter shall not apply to any animal owned or controlled by Federal,
State or City law enforcement agencies. The animal control officer or animal control board may
also make reasonable accommodations or exceptions for service animals.
SECTION 210.030: SANITARY CONDITIONS
A . It shall be unlawful for any person keeping or harboring any animal to fail to keep the
premises where such animal is kept free from unsanitary conditions which encourage the
breeding of parasites, insects and flies or cause odors that are offensive to a person of
reasonable sensibilities.
B. It shall be unlawful to allow premises where animals are kept to become unclean and a
threat to the public health by failing to diligently and systematically remove all animal fecal
matter from the premises a minimum of once every forty-eight (48) hours.
C. It shall be unlawful for any person to allow an animal within the person's control to
defecate on public property or on the private property of another person unless the person
having control of the offending animal immediately removes and disposes of the animal's
feces.
D. All animal fecal matter shall be disposed of properly.
E. No animal shall be allowed to damage any property of another person.
F. All places where livestock is kept shall have adequate drainage sufficient to prevent
standing water in yards or pens. Duck ponds shall be drained and cleaned as required to
prevent malodorous conditions.
G. It shall be unlawful for any person keeping or harboring any animal to keep the animal in
premises on which there is garbage, trash, or debris of any nature, including broken glass
and cans that could subject the animal to injury or disease.
SECTION 210.040: ANIMAL SLAUGHTER
It shall be unlawful to slaughter a domesticated animal in a residentially zoned area of the city.
Nothing in this section shall prevent the euthanasia of any animal by a licensed veterinarian or
by trained animal services personnel or an otherwise authorized killing of an animal.
SECTION 210.050: ANIMAL CRUELTY
Except as authorized by law, no person shall knowingly:
1. Abandon any animal under circumstances subjecting it to the possibility of death,
injury, starvation, dehydration or disease;
2. Subject any animal to cruel mistreatment of any kind or by any means or device,
including tying or strapping with weights or heavy chains;
3. Subject any animal to the following if not performed by a licensed veterinarian:
neutering or spaying; tail docking, ear cropping, or other surgical procedure;
4. Subject any animal in his or her custody to neglect under circumstances exposing the
animal to injury, disease, unsanitary conditions, extreme temperatures, starvation,
dehydration or death;
5. Cause or permit any dogfight, cockfight, bullfight or other combat between animals or
between animals and humans;
6. Kill or injure any animal belonging to another without legal privilege;
7. Subject a dog or cat to direct point chaining as defined in this chapter.
8. Poison any animal or to distribute poison or other toxic substance in any manner
whatsoever with the intent to harm, or for the purpose of poisoning any such animal,
except for the purpose of controlling insects or rodents in accordance with accepted
pest control methods.
SECTION 210.060: DISEASED OR INJURED ANIMALS
A. It shall be unlawful for any person to knowingly keep any injured animal without providing
proper, timely treatment, including treatment by a veterinarian when appropriate, for such
injury.
B. It shall be unlawful for any person to knowingly keep any animal infected with a fatal
disease that is contagious to other animals unless the sick animal is isolated to prevent
spread of the disease to other animals. This subsection shall not apply to rabid animals.
Any animal showing positive signs of rabies shall be euthanized and laboratory-confirmed
in accordance with Missouri law.
C. Any injured or diseased animal within the city shall be subject to seizure if a court of
competent jurisdiction issues a warrant for such seizure upon a determination that either
of the above conditions exist and reasonable treatment is not being administered to said
animal.
D. Any injured or diseased animal within the city shall be subject to immediate seizure if the
city has a reasonable suspicion that an emergency exists and such seizure is necessary
to protect the animal from an imminent threat of death, infectious disease, or serious
physical injury.
E. Any diseased or injured animal seized pursuant to the provisions of this animal services
code shall be appropriately treated for the injury or disease by the owner and, where
necessary, by a veterinarian licensed to practice in the state.
F. The remains of any dead animal are subject to seizure and disposal if, within a
reasonable period after death, the owner has not disposed of the remains properly.
G. Any diseased or injured animal shall be subject to being euthanized when it is determined
by a veterinarian licensed to practice in Missouri or by the Animal Control Board that such
disposition is necessary to prevent unwarranted suffering by the animal. Best efforts shall
be made by the Animal Control Board to contact the animal's owner before such animal is
euthanized.
H. Any owner who reclaims or redeems an animal which has been treated under the
provisions of this animal services code shall, prior to the release of the animal, reimburse
the city or the treating veterinarian for any expenses incurred, unless the owner shows
proof that the animal was undergoing treatment for the disease or injury at the time it was
seized.
SECTION 210.070: RABIES CONTROL.
A. When any animal has bitten a person, that person or anyone having knowledge of such
incident shall immediately notify the City of Camdenton Police Department. Notification
may be made via a call to 911, a call to the Camdenton Police Department during normal
business hours or to the Animal Control Officer. The animal shall be quarantined at the
expense of the owner for a period of ten (10) days from the date of the bite at a veterinary
facility under the care and custody of a licensed veterinarian unless other provision are
made as approved by the Animal Control officer.
B. No person shall own, keep, harbor, or have control over any dog or cat over the age of
five (5) months unless the animal has been vaccinated with anti-rabies vaccine by a
licensed veterinarian in accordance with state law. For purposes of this subsection, "five
(5) months" shall be attained at the end of the fourth month since birth or when the
animal's canine teeth appear, whichever occurs first.
SECTION 210.080: TRAPPING OF ANIMALS.
No person shall set any trap to catch any animal, permit any trap owned by them or in their
control to be set to catch any animal, or allow a trap to be set to catch an animal without first
obtaining permission from the Animal Control officer. This shall not apply to the trapping of rats,
mice and moles. Trapping of nuisance animals is permitted for relocation of the animal. Any
domesticated animal that is caught in such trap must be immediately released or immediately
relinquished to the animal control officer.
SECTION 210.090: ANIMAL LICENSING
A. Owners residing in the City shall procure a license from the City for all dogs and cats over
the age of six (6) months of age. All licenses issued under the provisions of this Chapter
shall be effective from January first (1st) to December thirty-first (31st) of each year.
License fees shall be as follows:
For each un-neutered male dog or cat: $10.00.
For each un-spayed female dog or cat: $10.00.
For each neutered male dog or cat: $5.00.
For each spayed female dog or cat: $5.00.
Permit/Registration fees shall be as follows:
For each potentially dangerous dog: $50.00.
8 . Any license fee due and unpaid thirty (30) days after it becomes due and payable shall be
subject to a penalty in the same amount as the renewal fee for the animal. Any replacement
of a license tag shall be two dollars ($2.00).
C. The City may refuse to issue animal licenses to persons who:
1. Have been charged with animal abuse, neglect or cruelty while such charges are
pending; or
2. Have been convicted of animal abuse, neglect or cruelty or have pied guilty to such
offenses; or
3. Have willfully failed to maintain licenses for animals within the City of Camdenton in
the past; or
4. Have been charged with or convicted of violations of this or other portions of the City
of Camdenton Code which involve dangerous, unlicensed, unsanitary or other
conduct involving animals.
5. Occupy premises that are also owned or occupied by any person with any of the
above situations.
6. In the event that a license is denied to any person under this section, they may appeal
this decision to the Animal Control Board within a period of ten (10) days after such
denial.
D. Every dog or cat covered by this section must have and wear a collar or harness with a
current license tag firmly attached when such animal is outdoors. Any untagged dog or cat
found running at large shall be considered as a stray or as an unowned animal for the
purpose of enforcement of this chapter.
Citations may be issued for violations of this section. Fines for first violations shall be Thirty five
dollars ($35.00). Fines for subsequent violations within a twenty four (24) month period shall be
determined by the municipal court.
SECTION 210.100: TRANSFER, GIVING AWAY AND SALE OF ANIMALS
No person may publicly display animals for sale unless they have a business license for such
activity. No person may publicly give away animals at a commercial location unless they have
written permission of the business owner to conduct such activity. In the event any animal is
transferred which requires a City license, the new owner of the animal shall obtain a city license
for such animal within five (5) days.
SECTION 210.110: PENALTIES
Penalties for violations of any provision herein shall be as set forth in Section 100.160 unless
otherwise set forth. Each day that a violation of any provision of this chapter continues shall be
deemed a separate offense.
CHAPTER 211: DOGS
SECTION 211.01 O: APPLICABILITY
This Chapter shall apply to dogs as they are defined in Chapter 210. The definitions contained
in Chapter 21 O shall also apply to this Chapter.
ATTACK: Aggressive behavior by a dog or cat that involves biting or repeatedly biting or
shaking its victim.
CABLE RUN: A metal cable that is mounted aboveground at a designated height to two (2)
stationary objects for the purpose of attaching a pulley system that moves from one end of the
cable to the other and to which a dog is tied or secured by means of a rope, chain, or cable
attached to the dog's collar or harness.
DIRECT POINT CHAINING: Means attaching a dog directly to a stationary object by means of
a leash, rope, chain, cable or other material attached to the dog's collar or harness but does not
include temporary restraint of a dog for purposes of vehicular transport.
ELECTRONIC CONTAINMENT DEVICE: A transmitter/receiver system for the confinement of
dogs which consists of (1) a boundary wire that emits a radio signal, and (2) a battery-operated
electronic device on the dog's collar which receives the radio signal and emits an audible
warning beep and a corrective electrical stimulus as the dog approaches the wire.
PIT BULL: A pit bull is defined as any dog that is an American pit bull terrier, Staffordshire
terrier, American Staffordshire terrier,, American Bulldog, American Bully or any dog of mixed
breeding that has the primary characteristics of such breeds of dog. A pit bull may be identified
as any dog which exhibits those distinguishing characteristics of such breeds that substantially
conform to the standards established by the American Kennel Club or United Kennel Club. An
identification checklist, which is on file in the City offices, shall be used to assist in identifying
such breeds.
PROVOCATION: means causing a bite or attack by:
A. Any intentional act of pulling, pinching, squeezing, kicking, hitting or striking the dog with an
object or a part of a person's body, unless the person is responding to an attack or an
immediate threat of attack by the dog as indicated by the dog's lunging, snarling or baring of
its teeth; or
B. Any attempt or threat to kick, hit or strike the dog with an object or part of a person's body,
unless the person is responding to an attack or an immediate threat of attack by the dog as
indicated by the dog's lunging, snarling, or baring of its teeth;
C. Any act of teasing or tormenting the dog;
D. Any act of holding, kicking, hitting, striking, or otherwise physically harming the dog's owner
or other member of the dog owner's household;
E. Entry into the dog's area of confinement without the owner's presence, provided that this
definition does not apply if the dog is confined in a particular manner for the purpose of
causing provocation to prevent legal access to the premises in violation of this article; or
F. Any act of breaking and entering, or other unlawful entry, into the dog owner's residence,
vehicle, or other property.
SWIVEL: Pivoting hardware that can be used in a trolley system to attach a cable run to a
tether or a tether to a dog's collar or harness in order to minimize twisting and tangling of the
tether.
TETHER: A rope, chain, or cable that is attached to a dog's collar or harness for purposes of
restraining the dog.
TROLLEY SYSTEM: A method of restraining a dog which utilizes a cable run , swivel and tether
attached to a dog's collar or harness.
SECTION 211.030: MAXIMUM NUMBER
It shall be unlawful for more than three (3) dogs to be kept, located or harbored at any
household or business. No more than one (1) pit bull dog may be kept, located or harbored at
any household in a residentially zoned district and no other dogs may be kept at a residence
with the one pit bull dog. Pit bull dogs may not be located at any commercially zoned
premises. This section does not apply to veterinarians, licensed dog breeders or pet stores.
Puppies under the age of four (4) months which were born to a dog which has a City animal
license shall be exempt from this section.
SECTION 211 .040: CONFINEMENT
A. Any person owning, possessing or keeping a dog shall keep the dog securely confined
behind a fence or otherwise restrained upon the person's property by adequate means to
prevent the dog's escape; or shall effectively control the dog, whether on or off the
person's property, by means of a leash or other proper method of supervised restraint
from which the dog cannot escape.
B. Dogs shall not be confined in any manner for the purpose of preventing legal access to
public utility facilities or for the purpose of causing the dog to be provoked by visitors in
areas accessible to and commonly used by visitors for legal access to the premises.
C. Direct-point chaining or tethering of dogs to a stationary object is prohibited. Dogs may be
restrained by means of a trolley system, or a tether attached to a pulley on a cable run, if
the following conditions are met:
1. Only one (1) dog may be tethered to each cable run . Dogs on two separate trolley
systems shall not be close enough to become entangled with each other.
2. The tether must be attached to a properly fitting collar or harness worn by the dog,
with enough room between the collar and the dog's throat through which two (2)
fingers may fit. Choke collars and pinch collars are prohibited for purposes of tethering
a dog to a cable run.
3. There must be a swivel on at least one (1) end of the tether to minimize tangling of the
tether.
4. The tether and cable run must be of adequate size and strength to effectively restrain
the dog. The size and weight of the tether must not be excessive, as determined by
the animal services officer, considering the age, size and health of the dog.
5. The cable run must be at least ten (10) feet in length and mounted at least four (4)
feet and no more than seven (7) feet above ground level.
6. The length of the tether from the cable run to the dog's collar should allow access to
the maximum available exercise area and should allow continuous access to water
and shelter. The trolley system must be of appropriate configuration to confine the dog
to the owner's property, to prevent the tether from extending over an object or an edge
that could result in injury or strangulation of the dog, and to prevent the tether from
becoming entangled with other obj ects or animals.
D. An electronic containment device may be used as a primary containment measure. Such
area for containment shall not be in the front yard facing the street or main entrance to the
premises. Signs stating "pet contained by electronic device" or similar language using a
trade name, shall be conspicuously posted and maintained at the perimeter (each side) of
the area for purposes of public notice. Such signs shall be a minimum of six (6) inches by
eight (8) inches and one ( 1) of the signs shall be visible from the roadway or entry to the
premises if possible. Signs shall be a maximum of ten (10) inches by ten (10) inches. Pit
bull dogs and potentially dangerous dogs shall not be allowed to be contained by
electronic containment. Such electronic containment device shall be maintained in good
operating condition.
SECTION 211 .050: MINIMUM CARE FOR DOGS
A . All dogs shall have continuous access to a structurally sound, moisture-proof and
windproof shelter large enough to keep the dog reasonably clean and dry. A shelter
which does not protect the dog from temperature extremes or precipitation, or which does
not provide adequate ventilation or drainage, shall not comply with this section.
8 . A dog's shelter and bedding and other accessible space shall be maintained in a manner
which minimizes the risk of the dog contracting disease, being injured or becoming
infested with parasites.
C. It shall be unlawful for any person keeping or harboring any dog to fail, refuse or neglect
to provide such dog with clean, fresh, potable water adequate for the dog's size, age, and
physical condition. This water supply shall be either free flowing or provided in a
removable receptacle that is weighted or secured to prevent tipping.
D. It shall be unlawful for any person keeping or harboring any dog to fail, refuse or neglect
to provide such dog with wholesome foodstuff suitable for the dog's physical condition
and age and in sufficient quantities to maintain an adequate level of nutrition for the dog.
E. The enclosure or confinement area for a dog shall encompass sufficient usable space to
keep the animal in good condition. When a dog is confined outside by means of an
enclosure or an electronic containment device, the following minimum space
requirements shall be met: Large dog. For a dog that is larger than twenty (20) inches at
the withers or that weighs more than fifty (50) pounds, the minimum confinement area per
dog is one hundred (100) square feet. Medium dog. For a dog that is larger than twelve
(12) inches at the withers and up to twenty (20) inches at the withers or that weighs over
twenty (20) pounds and up to fifty (50) pounds, the minimum confinement area per dog is
eighty (80) square feet. Small dog. For a dog that is twelve (12) inches or less at the
withers or that weighs twenty (20) pounds or less, the minimum confinement area per dog
is fifty (50) square feet.
SECTION 211.060: BARKING AND NOISE
It shall be unlawful for any person to keep on his premises, or under his control, any dog which
by loud and frequent barking and howling shall disturb the reasonable peace and quiet of any
person.
SECTION 211.070: POTENTIALLY DANGEROUS DOGS
A. POTENTIALLY DANGEROUS DOGS DESIGNATION
1. DOGS SHALL BE DESIGNATED AS POTENTIALLY DANGEROUS DOGS IF:
a. Without provocation, it attacks or bites a person engaged in a lawful activity and
any injury caused is minor in nature so as not to require stitches for treatment.
b. While off the property of its owner and without provocation, it injures another
domesticated animal and such injury is minor in nature;
c. Without provocation while not on a leash and under the control of its owner or
custodian, it chases, confronts or approaches a person on a street, sidewalk or
other public property in a menacing fashion such as would put a reasonable
person in fear of attack;
d. Acts in a manner which the owner knows, or reasonably should know, is an
indication that the dog is dangerous and is not merely being protective in a
particular set of circumstances; or
e. Has been declared dangerous, or has been given some other designation, by
another governmental body under circumstances that would meet the grounds for
dangerous dog designation under the provisions of this ordinance.
f. It is a pit bull dog (as defined herein). Identification by the Animal Control Officer
shall establish prima facie proof and shall create a rebuttable presumption that a
dog is a pit bull dog.
g. Designation as a potentially dangerous dog shall be made in the opinion of the
animal control officer and subject to appeal as set forth herein. In the event the
animal control officer designates a dog as potentially dangerous, a written notice
shall be given to the owner or posted at the residence.
h. Any dog designated as a potentially dangerous dog shall not be allowed to remain
in the City until the owner complies with the requirements of this section or during
any pending appeal of such designation.
B. PERMIT AND REGISTRATION. A potentially dangerous dog may be kept within the city
limits only so long as the registered owner or custodian complies with the requirements and
conditions herein. The owner of any potentially dangerous dog shall be allowed to keep
such dog within the City only if the owner registers the dog with the city on an annual basis
and obtains a potentially dangerous dog permit with each annual registration. As a condition
of registration, the owner shall at all times required or requested provide sufficient evidence
that the owner is in compliance with all of the following requirements:
1. Rabies vaccination. The dog must be vaccinated against rabies by a licensed
veterinarian on an annual basis.
2. Current city license. The owner must purchase an annual city license for the dog, and the
dog must wear the city license tag on its collar at all times.
3. Microchip. The dog must be identified by means of a microchip that is injected under its
skin by a licensed veterinarian and maintained as long as the animal is kept within the
city limits.
4. Photo. The owner must provide a recent photo of the animal taken with the owner.
5. Sterilized. The owner must provide documentary proof from a licensed veterinarian that
their dog has been spayed or neutered. This requirement shall not apply if the city
receives a letter from the owner's veterinarian stating that the dog is physically unable to
reproduce or that the dog is medically compromised to the extent that it cannot be safely
sterilized.
6. Place of confinement. A potentially dangerous dog must reside at the owner's residence.
7. R-1 zones only and landlord notice. A potentially dangerous dog shall be allowed in R-1
residential zones only. In the event a person wishes to possess potentially dangerous
dog and they are not the owner of the residence, they shall provide proof that they have
provided notice to their landlord or the owner of the residence that they will possess a
potentially dangerous dog at the residence.
8. Insurance. An owner of a potentially dangerous dog shall provide proof to the city on an
annual basis of insurance coverage in an amount of not less than Two hundred
thousand ($200,000) dollars. Any such insurance provided may not contain an
exclusion which would deny coverage for such dogs.
9. Window sticker or sign. A window sticker or sign must be posted on the owner's property,
visible from the street to indicate that a potentially dangerous dog resides on the
property. Such sign must be clearly visible from the street or sidewalk if possible.
10. Confinement. A potentially dangerous dog shall be confined indoors or by means of a
fence that is of adequate height and construction to prevent the dog's escape. Such
fence or area of confinement must be approved by the Animal Control Officer.
Potentially dangerous dogs shall not be confined by means of an electronic containment
device, invisible fence or trolley system. When outside of an area of confinement, a
potentially dangerous dog must be restrained by means of a secure leash held by a
person over the age of 18 who has the ability to control the dog.
11 . No transfer of permit. A potentially dangerous breed permit shall not transfer to a new
owner residing in the city limits. The new owner must meet all registration requirements
within ten (10) days of acquiring the dog.
12. The owner of a potentially dangerous dog may relocate the dog to the owner's new city
address if the owner contacts animal services prior to the relocation in order to report the
new address.
13. Muzzle. The animal control officer may require that any potentially dangerous dog be
muzzled when outdoors on a leash as a condition of it being kept in the City.
14. Inspection. By possessing an dangerous dog, the owner or person possessing such
animal gives the city animal control officer permission to perform inspections of the
outside of the premises where such animals are kept upon reasonable request.
15. Other requirements. The Animal Control Officer may require other reasonable
conditions be met in order to issue such permit which are made with the intent of human
safety. Appeals of any such requirement may be made to the Animal Control Board as
set forth herein.
16. Notification. Any owner of an animal which is designated as potentially dangerous shall
immediately notify City Police in the event that such dog causes any human injury, injury
to any other animal or in the event such dog is loose from its confinement.
C. APPEALS.
1. An appeal of a designation as a potentially dangerous dog or any other appeal called
for herein may be made upon written request to the City within ten (10) days.
2. A hearing to consider such appeals shall be held within ten (10) business days from
the time of such appeal. Such appeals shall be held before the Animal Control Board.
3 . The owner of a dog that has been identified as a pit bull under this section shall have
the right to an administrative appeal of the breed designation by submitting a request
for a hearing to the City in writing within ten (10) days. Failure to make
administrative appeal as set forth herein shall make such determination final and
conclusive for all purposes. A hearing to consider such appeal of pit bull designations
herein shall be conducted by the Animal Control Board. The board shall make a final
determination of the dog's breed or predominant breed characteristics.
4. Appeals to the Animal Control Board regarding the requirements for keeping
potentially dangerous dogs (section B. herein) may be made at any time. At such
hearings the owner of the dog may present any evidence regarding such, including
temperament testing results or reports. The decisions of the Animal Control Board
regarding such requirements shall be final.
D. VIOLATIONS.
1. Failure to Comply. Failure to comply with any potentially dangerous dog registration
requirement or permit conditions shall be a violation and may result in the issuance of a
citation and/or warrant to seize the owner's dog if such dog is not voluntarily surrendered
or removed from the City or brought into compliance. In the event the owner of a
potentially dangerous dog fails to comply with the requirements of this chapter, the
Animal Control Officer may declare the dog to be vicious based upon such failure(s).
2. Violations Other Than Cruelty Violations. Permits to keep a potentially dangerous dog
within the city shall be revoked upon the owner's second conviction or guilty plea for
violation of the city's animal code provisions other than cruelty violations. If the permit(s)
is revoked, a warrant to seize the potentially dangerous breed may be served on the
owner if the dog is not removed from the city limits. In addition, the owner shall lose their
right to register any potentially dangerous dog within the city for a period of two (2)
years.
3. Cruelty Violations. Upon conviction for any animal cruelty charge, the owner of a
potentially dangerous dog shall lose their potentially dangerous dog permit and shall
lose their right to register or possess any potentially dangerous dog within the city for a
period of ten (10) years. A warrant may be obtained to seize the owner's potentially
dangerous dog(s) pending adjudication of the cruelty violation citation. Upon conviction
for animal cruelty and revocation of the potentially dangerous dog permit, the owner's
potentially dangerous dog must be removed from the city limits or surrendered to the
animal control officer.
4 . lmpoundment pending declaration. Upon reasonable suspicion that a dog is dangerous
and poses a serious threat to public health or safety, the animal control officer, or
appointed designee, may seek a warrant, if necessary, to seize the dog for quarantine at
a veterinary clinic or for impoundment at the animal services facility, pending the
dangerous dog declaration process.
SECTION 211 .080: VICIOUS DOG DESIGNATION
A It shall be unlawful for any person to keep within the city limits any vicious dog.
B. A dog is considered vicious for purposes of this section if it:
1. Causes death or serious physical injury which requires stitches or more serious
treatment to a person engaged in a lawful activity; or
2. On two (2) or more occasions, attacks or bites without provocation a person engaged in
a lawful activity or on one occasion a potentially dangerous dog attacks or bites a person
engaged in a lawful activity; or
3. On more than one (1) occasion, while off the property of its owner and without
provocation, injures another domesticated animal; or
4. Without provocation, kills a domesticated animal; or
5. Trains for dog fighting or is owned or kept for the purpose of dog fighting; or
6. The owner of a potentially dangerous dog fails to notify the City Police department in
the event such dog causes any human injury, injury to any other animal or in the event
such dog is loose from its confinement.
7. The owner of a potentially dangerous dog fails to comply with the requirements of this
Chapter for the keeping of potentially dangerous dogs.
8. Has been declared vicious, or has been given some other designation, by another
governmental body under circumstances that would meet the grounds for vicious dog
designation under the provisions of this article.
C. lmpoundment pending declaration. Upon reasonable suspicion that a dog is vicious and
poses a serious threat to public health or safety, the animal control officer or appointed
designee, may seize the dog for quarantine at a veterinary clinic or for impoundment at
another facility pending the vicious dog declaration process.
D. Declaration as Vicious Dog. In instances where the dog is declared vicious, the animal
control officer or any other member of the police department shall, within forty-eight (48)
hours, notify the owner of the dog in writing either in person or posted at the owner's or
custodian's last known address, that the dog has been determined to be a vicious animal,
the reasons for the declaration and, if applicable, that the dog has been quarantined or
impounded by animal services. The owner shall have twenty four (24) hours from delivery of
the notice to contact the city and comply with the ordinance by removing the dog from the
city limits or by having the dog euthanized.
E. Appeal. The notice shall also inform the owner or custodian of the dog that a hearing to
contest the declaration shall be held before the Animal Control Board if a request for a
hearing is submitted in writing to the city within five (5) working days from receipt of the
notice of vicious dog declaration.
F. Status pending hearing. Once notice of vicious dog designation has been given, the dog
shall be considered vicious unless, and until such time as, the declaration is overruled by
the Animal Control Board
SECTION 211.090: PENAL TIES
CHAPTER 212: CATS
SECTION 212.010: APPLICABILITY
This Chapter shall apply to cats as they are defined in Chapter 210. The definitions contained
in Chapter 210 and 211 shall also apply to this Chapter.
A TTACK: Means aggressive behavior by a cat that involves repeatedly biting or scratching its
victim.
DANGEROUS CAT: Means a cat that has been designated as dangerous pursuant to the
standards and administrative procedures identified in this article or that has been given another
designation pursuant to similar standards and procedures in another jurisdiction.
FREE ROAMING CAT: Means a cat that is not kept inside of a house, business or other legal
occupancy structure or kept in a fenced area enclosed with a top and containing a shelter as
described in this article. A cat that is allowed to go outside of such structure or fenced area is
considered a free-roaming cat.
SECTION 212.030: MAXIMUM NUMBER.
No more than three (3) cats may be kept or harbored at a household or business within the city
limits. This section does not apply to veterinarians, licensed breeders or pet stores. Kittens
under the age of four (4) months which were born to a cat which has a City license shall be
exempt from this section.
SECTION 212.040: CONFINEMENT
A. For any cat newly licensed after January 1, 2016, cat owners shall identify their free-roaming
cats by means of a microchip that registers the owner with a national computer recovery
network. This shall not apply to cats which have been registered with the city prior to said
date.
B. All free-roaming cats shall be sterilized unless the owner's veterinarian, licensed by the
state, certifies in writing that the animal is physically unable to reproduce or that the animal
is medically compromised to the extent that it cannot be sterilized safely.
C. Direct-point chaining or tethering of cats to a stationary object is prohibited.
SECTION 212.050: DANGEROUS CATS
A. It shall be unlawful for any person to keep within the city limits any dangerous cat, except in
compliance with the provisions of this section. A cat is considered dangerous for purposes
of this section if:
1. Without provocation, it attacks or bites a person; or
2. Acts in a manner which the owner knows, or reasonably should know, is an indication
that the cat is dangerous and is not merely acting in self defense under a particular set
of circumstances; or
3 . Has been declared dangerous, or has been given some other designation by another
governmental body under circumstances that would meet the grounds for dangerous
cat designation under the provisions of this ordinance.
4. If the animal control officer has cause to believe that a cat is dangerous, the animal
control officer may find and declare such cat a dangerous cat. The animal control officer
shall give notice of the declaration and the reasons for it in writing to the person who
owns, keeps, or otherwise maintains the cat. The notice shall inform the owner or
custodian of the cat that a hearing to contest the declaration shall be held before the
animal control board, if a request for a hearing is submitted in writing to the city within
five (5) days from receipt of the notice of dangerous cat declaration.
8 . Hearing. The hearing required pursuant to this subsection shall be held no more than five
(5) week days from the date of receipt of the request. The hearing shall be before the animal
control board.
C. In the event a cat is designated as dangerous, it shall not be allowed to be a free roaming cat.
Any cat found to be kept in violation of this section shall be subject to seizure and
impoundment.
CHAPTER 213 - MISCELLANEOUS AN IMAL PROVISIONS
SECTION 213.010: KEEPING OF PROHIBITED ANIMALS
A. The sale, possession, display, maintenance or keeping of carnivora, innately wild animals,
nonhuman primates and venomous reptiles within the city is unlawful unless such animals
are kept with a written permit from the Missouri Department of Conservation or a Federal
permit to transport and display such animals or for bona fide circuses and carnivals.
1. Carnivora shall include, but not be limited to, the following families, with representatives
of those families as indicated:
Ursidae: Bears.
Canidae: Wolves, coyotes, foxes, or the hybrid offspring of such canidae (including,
but not limited to, domestic dog-canidae crosses).
Hyaenidae: Hyenas.
Filidae: Lions, tigers, leopards, American lions (commonly known as pumas,
cougars, and panthers), cheetah, bobcats, ocelots, jaguars, servals, African
panthers, lynx, margays.
Procyonidae: Raccoons and relatives.
Mustelidae: Weasels, skunks, and relatives.
Viverridae: Binturongs, civets and relatives.
2 . Innately wild animals shall include all members of the order Camivora which are all
meat-eating animals, excluding domestic breeds of dogs and cats.
3. Nonhuman primates shall include, but not be limited to, the following families:
Monkeys: Spider monkeys, squirrel monkeys, marmosets, baboons and relatives.
Great apes: Gorillas, orangutans, gibbons, siamangs, chimpanzees and relatives.
4. Venomous reptiles shall include, but not be limited to, the following families:
Colubridae: (two (2) genera only), Dispholidus (boomslang) and thelotornis (twig
snakes).
Elapidae: Cobras, kraits, coral snakes and relatives.
Hydrophilidae: Sea snakes.
Viperidae: Vipers, adders.
Crotalidae: Pit vipers (commonly known as rattlesnakes, water moccasins,
copperheads).
Helodermatidae: Gila monsters.
B. Large Animals Prohibited. Keeping or maintaining hogs, goats, donkeys, mules, sheep,
emu, ostrich or any other animal which, when fully grown would typically weigh over thirty
(30) pounds, other than dogs, cattle and horses, within the City limits is prohibited, unless
otherwise allowed herein.
C. Horses and Cattle. Horses and cattle may be kept or maintained within the City limits but
only on tracts of land consisting of not less than fifteen (15) acres and not less than four
hundred (400) feet from the property line of any adjoining property containing a residence or
dwelling place. No more than 1 of such animals per acre of land shall be allowed.
D. No person shall keep or maintain rabbits, chickens, domesticated Vietnamese pot-bellied
pigs, ducks, turkeys, or other domestic fowl within one hundred (100) feet of any residence
or other dwelling place other than that of the owner, unless all occupants of residences or
other dwelling places within such distances agree in writing that such animals or fowl may
be kept and maintained at less than such distances.
E. No person may keep bees or beehives unless such beehives are located more than one
hundred (100) feet from the nearest residence, business or building. The maximum number
of beehives shall be two (2) if the property is one acre or less.
SECTION 213.020: KENNELS
A kennel shall be any establishment which has more than three (3) dogs or more than three (3)
cats. Kennels are not allowed in any residential zoning district. In other districts, written
application for a kennel business license shall be made. Fee per dog or cat shall be assessed
according to this code. The Animal Control Officer and/or members of the Police Department
shall be allowed to inspect such kennel to determine its compliance with all laws and/or
regulations.
SECTION 213.030: IMPOUNDMENT OF ANIMALS
The animal control officer shall take into custody any animal found at large in the city and shall
impound the animal. Each impounded animal shall be held for a period of at least five (5)
business days at the end of which time the animal shall be deemed abandoned. The animal
control officer shall make diligent efforts to determine the owner of the animal and notify the
owner of the impoundment.
If the owner of the animal fails or refuses to claim and repossess the dog by the payment of the
proper fee as prescribed in this section within five (5) days of acknowledging ownership of such
animal, the animal shall be deemed abandoned. No animal that has not been licensed and
vaccinated shall be released unless the person redeeming the animal licenses and/or
vaccinates such animal.
The Police Department shall establish from time to time a schedule of fees for redemption of
animals which shall reimburse the City for approximate average costs for impoundment, shelter,
food, transportation and officer time. This schedule may impose higher costs for repetitive
redemptions for the same owner.
ITEM 9-A: Bill No. 2565-15- Program and Maintenance Agreement with MoDOT for Phase I
Sidewalk Grant Project (15-02ST)
BACKGROUND:
At their November 4 , 2015 meeting the Board authorized staff to apply for financial assistance
for sidewalk construction. On January 9, 2015 the City was officially notified that Phase I had
been selected for funding.
Staff is also seeking Board permission to use MoDOT's On Call Consultant List to select an
engineer for the design and construction inspections of this project. These engineers have
been pre-qualified by MoDOT which saves the City time and money in bidding out these
services. We would select an engineer from the list and begin negotiating fees for these
services. We anticipate selecting Crawford, Murphy, and Tilley (CMT), the firm who designed
the previous portions of the sidewalk project, as the first firm to begin negotiations.
FISCAL IMPACT: $43,040
RECOMMENDATION: Approval of the financial assistance program and maintenance
agreements with MoDOT
APPROVALS:
BILL NO. 2565-15
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN
ALTERNATIVES FUNDS PROGRAM AGREEMENT WITH THE MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION AND SIDEWALK IMPROVEMENT AGREEMENT
(MAINTENANCE AGREEMENT) FOR CONSTRUCTION OF SIDEWALKS - PHASE I
REFERENCED BY PROJECT NUMBER TAP-9900 (563)
WHEREAS, at the November 4, 2015 meeting, the Board of Aldermen authorized staff to apply
for financial assistance for the construction of sidewalks along US Highway 54, east of New
Route 5 to Cecil Street in the City of Camdenton; and
THREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
CAMDENTON, MISSOURI AS FOLLOWS:
Section 1. That the Mayor and City Clerk are hereby authorized to enter into an Alternatives
Funds Program Agreement with the Missouri Highways and Transportation Commission and
Sidewalk Improvement Agreement (Maintenance Agreement) for the construction of sidewalks
along US Highway 54, east of New Route 5 to Cecil Street in the City of Camdenton. A copy of
the Agreements are attached hereto and made a part thereof, identified as Exhibit A & B.
Section 2. This Ordinance shall be in full force and in effect from and after its passage by the
repealed.
Read the first time this _ _ day of February 2015.
Read the second time and passed and approved this _ _ day of February 2015.
ATTEST:
Renee Kingston, City Clerk. MRCC
CCO Form: FS25
04/95 (MGB)
Approved:
01/15 (MWH)
Revised:
Modified:
CFDA Number:
CFDA Title:
Award name/number:
Award Year:
Federal Agency:
CFDA #20 .205
Highway Planning and Construction
TAP - 9900( 563)
2015
Federal Highway Administration , Department of Transportation
MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION
TRANSPORTATION ALTERNATIVES FUNDS
PROGRAM AGREEMENT
THIS AGREEMENT is entered into by the Missouri Highways and Transportation
Commission (hereinafter, "Commission") and City of Camdenton (hereinafter, "City").
WITNESS ETH:
NOW, THEREFORE, in consideration of the mutual covenants, promises and
representations in this Agreement, the parties agree as follows:
(1)
PURPOSE: The United States Congress has authorized, in 23 U.S.C.
MAP-21 §1122, §101, §106 and §213, SAFETEA-LU §1404 funds to be used for
transportation alternatives activities. The purpose of this Agreement is to grant the use
of such transportation alternatives funds to the City.
(2)
LOCATION: The transportation alternatives funds which are the subject of
this Agreement are for the project at the following location : Sidewalk along US Highway
54, east of New Route 5 to Cecil Street.
The general location of the project is shown on attachment marked "Exhibit A"
and incorporated herein by reference.
REASONABLE PROGRESS POLICY: The project as described in this
(3)
agreement is subject to the reasonable progress policy set forth in the Local Public
Agency (LPA) Manual and the final deadline specified in Exhibit B attached hereto and
incorporated herein by reference. In the event, the LPA Manual and the final deadline
within Exhibit B conflict, the final deadline within Exhibit B controls. If the project is
within a Transportation Management Area that has a rea sonable progress policy in
place, the project is subject to that policy. If the project is withdrawn for not meeting
reasonable progress, the City agrees to repay the Commission for any progress
payments made to the City for the project and agrees that the Commission may deduct
progress payments made to the City from future payments to the City. The City may not
be eligible for future Transportation Alternatives Funds if the City does not meet the
reasonable progress policy.
(4)
INDEMNIFICATION:
(A)
To the extent allowed or imposed by law, the City shall defend,
indemnify and hold harmless the Commission, including its members and the Missouri
Department of Transportation (MoDOT or Department) employees, from any claim or
liability whether based on a claim for damages to real or personal property or to a
person for any matter relating to or arising out of the City's wrongful or negligent
performance of its obligations under this Agreement.
(B)
The City will require any contractor procured by the City to work
under this Agreement:
1.
To obtain a no cost permit from the Commission 's district
engineer prior to working on the Commission's right-of-way, which shall be signed by an
authorized contractor representative (a permit from the Commission's district engineer
will not be required for work outside of the Commission 's right-of-way); and
2.
To carry commercial general liability insurance and
commercial automobile liability insurance from a company authorized to issue insurance
in Missouri, and to name the Commission, and MoDOT and its employees, as additional
named insureds in amounts sufficient to cover the sovereign immunity limits for Missouri
public entities as calculated by the Missouri Department of Insurance, Financial
Institutions and Professional Registration , and published annually in the Missouri
Register pursuant to Section 537.610, RSMo. The City shall cause insurer to increase
the insurance amounts in accordance with those published annually in the Missouri
Register pursuant to Section 537.610, RS Mo.
(C)
In no event shall the language of this Agreement constitute or be
construed as a waiver or limitation for either party's rights or defenses with regard to
each party's applicable sovereign , governmental, or official immunities and protections
as provided by federal and state constitution or law.
(5)
AMENDMENTS: Any change in this Agreement, whether by modification
or supplementation , must be accomplished by a formal contract amendment signed and
approved by the duly authorized representatives of the City and the Commission .
(6)
COMMISSION REPRESENTATIVE: The Commission's District Engineer
is designated as the Commission's representative for the purpose of administering the
provisions of this Agreement. The Commission's representative may designate by
written notice other persons having the authority to act on behalf of the Commission in
furtherance of the performance of this Agreement.
(7)
NONDISCRIMINATION ASSURANCE:
Agreement, the City agrees as follows:
With regard to work under this
Civil Rights Statutes: The City shall comply with all state and
(A)
federal statutes relating to nondiscrimination, including but not limited to Title VI and
Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §2000d and §2000e, et
seq.), as well as any applicable titles of the "Americans with Disabilities Act" (42 U.S.C.
§12101, et seq.). In addition, if the City is providing services or operating programs on
behalf of the Department or the Commission, it shall comply with all applicable
provisions of Title II of the "Americans with Disabilities Act".
(B)
Administrative Rules: The City shall comply with the administrative
rules of the United States Department of Transportation relative to nondiscrimination in
federally-assisted programs of the United States Department of Transportation (49
C.F.R. Part 21) which are herein incorporated by reference and made part of this
Agreement.
(C)
Nondiscrimination: The City shall not discriminate on grounds of
the race, color, religion , creed , sex, disability, national origin , age or ancestry of any
individual in the selection and retention of subcontractors, including procurement of
materials and leases of equipment. The City shall not participate either directly or
indirectly in the discrimination prohibited by 49 C.F.R. §21 .5, including employment
practices.
(D)
Solicitations for Subcontracts. Including Procurements of Material
and Equipment:
These assurances concerning nondiscrimination also apply to
subcontractors and suppliers of the City. These apply to all solicitations either by
competitive bidding or negotiation made by the City for work to be performed under a
subcontract including procurement of materials or equipment.
Each potential
subcontractor or supplier shall be notified by the City of the requirements of this
Agreement relative to nondiscrimination on grounds of the race, color, religion , creed,
sex, disability or national origin , age or ancestry of any individual.
(E)
Information and Reports: The City shall provide all information and
reports required by this Agreement, or orders and instructions issued pursuant thereto,
and will permit access to its books, records, accounts, other sources of information, and
its facilities as may be determined by the Commission or the United States Department
of Transportation to be necessary to ascertain compliance with other contracts, orders
and instructions. Where any information required of the City is in the exclusive
possession of another who fails or refuses to furnish this information , the City shall so
certify to the Commission or the United States Department of Transportation as
appropriate and shall set forth what efforts it has made to obtain the information.
(F)
Sanctions for Noncompliance: In the event the City fails to comply
with the nondiscrimination provisions of this Agreement, the Commission shall impose
such contract sanctions as it or the United States Department of Transportation may
determine to be appropriate, including but not limited to:
1.
Withholding of payments under this Agreement until the City
complies; and/or
2.
whole or in part, or both.
Cancellation, termination or suspension of this Agreement, in
Incorporation of Provisions: The City shall include the provisions of
(G)
paragraph (7) of this Agreement in every subcontract, including procurements of
materials and leases of equipment, unless exempted by the statutes, executive order,
administrative rules or instructions issued by the Commission or the United States
Department of Transportation . The City will take such action with respect to any
subcontract or procurement as the Commission or the United States Department of
Transportation may direct as a means of enforcing such provisions, including sanctions
for noncompliance; provided that in the event the City becomes involved or is
threatened with litigation with a subcontractor or supplier as a result of such direction,
the City may request the United States to enter into such litigation to protect the
interests of the United States.
(8)
ASSIGNMENT: The City shall not assign, transfer or delegate any
interest in this Agreement without the prior written consent of the Commission .
(9)
LAW OF MISSOURI TO GOVERN: This Agreement shall be construed
according to the laws of the State of Missouri. The City shall comply with all local, state
and federal laws and regulations relating to the performance of this Agreement.
(10) CANCELLATION: The Commission may cancel this Agreement at any
time for a material breach of contractual obligations by providing the City with written
notice of cancellation. Should the Commission exercise its right to cancel this
Agreement for such reasons, cancellation will become effective upon the date specified
in the notice of cancellation sent to the City.
(11) ACCESS TO RECORDS : The City and its contractors must maintain all
records relating to this Agreement, including but not limited to invoices, payrolls, etc.
These records must be available at no charge to the Federal Highway Administration
(FHWA) and the Commission and/or their designees or representatives during the
period of this Agreement and any extension, and for a period of three (3) years after the
date on which the City receives reimbursement of their final invoice from the
Commission.
(12) ACQUISITION OF RIGHT OF WAY: With respect to the acquisition of
right of way necessary for the completion of the project, City shall acquire any additional
necessary right of way required for this project and in doing so agrees that it will comply
with all applicable federal laws, rules and regulations, including 42 U.S.C. 4601-4655,
the Uniform Relocation Assistance and Real Property Acquisition Act, as amended and
any regulations promulgated in connection with the Act.
(13) MAINTENANCE OF DEVELOPMENT: The City shall maintain the herein
contemplated improvements without any cost or expense to the Commission. All
maintenance by the City shall be done for the safety of the general public and the
esthetics of the area. In addition , if any sidewalk or bike trails are constructed on the
Commission's right-of-way pursuant to this Agreement, the City shall inspect and
maintain the sidewalk or bike trails constructed by this project in a condition reasonably
safe to the public and, to the extent allowed by law, shall indemnify and hold the
Commission harmless from any claims arising from the construction and maintenance
of said sidewalk or bike trails. If the City fails to maintain the herein contemplated
improvements, the Commission or its representatives, at the Commission's sole
discretion shall notify the City in writing of the City's failure to maintain the improvement.
If the City continues to fail in maintaining the improvement, the Commission may
remove the herein contemplated improvement whether or not the improvement is
located on the Commission's right of way. Any removal by the Commission shall be at
the sole cost and expense of the City. Maintenance includes but is not limited to
mowing and trimming between shrubs and other plantings that are part of the
improvement.
The City shall prepare preliminary and final plans and
(14) PLANS:
specifications for the herein improvements. The plans and specifications shall be
submitted to the Commission for the Commission's review and approval.
The
Commission has the discretion to require changes to any plans and specification prior to
any approval by the Commission.
(15) REIMBURSEMENT: The cost of the contemplated improvements will be
borne by the United States Government and by the City as follows:
(A)
Any federal funds for project activities shall only be available for
reimbursement of eligible costs which have been incurred by City. Any costs incurred
by City prior to authorization from FHWA and notification to proceed from the
Commission are not reimbursable costs. The federal share for this project will be 80
percent not to exceed $215,200. The calculated federal share for seeking federal
reimbursement of participating costs for the herein improvements will be determined by
dividing the total federal funds applied to the project by the total participating costs.
Any costs for the herein improvements which exceed any federal reimbursement or are
not eligible for federal reimbursement shall be the sole responsibil ity of City. The
Commission shall not be responsible for any costs associated with the herein
improvement unless specifically identified in this Agreement or subsequent written
amendments.
(16) PROGRESS PAYMENTS: The City may request progress payments be
made for the herein improvements as work progresses but not more than once every
two weeks. Progress payments must be submitted monthly. The City shall repay any
progress payments which involve ineligible costs.
(17) PROMPT PAYMENTS:
Progress invoices submitted to MoDOT for
reimbursement more than thirty (30) calendar days after the date of the vendor invoice
shall also include documentation that the vendor was paid in full for the work identified
in the progress invoice. Examples of proof of payment may include a letter or e-mail
from the vendor, lien waiver or copies of cancelled checks. Reimbursement will not be
made on these submittals until proof of payment is provided . Progress invoices
submitted to MoDOT for reimbursement within thirty (30) calendar days of the date on
the vendor invoice will be processed for reimbursement without proof of payment to the
vendor. If the City has not paid the vendor prior to receiving reimbursement, the City
must pay the vendor within two (2) business days of receipt of funds from MoDOT.
(18) PERMITS: The City shall secure any necessary approvals or permits from
any federal or state agency as required for the completion of the herein improvements.
If this improvement is on the right of way of the Commission, the City must secure a
permit from the Commission prior to the start of any work on the right of way. The
permits which may be required include, but are not limited to , environmental,
architectural, historical or cultural requirements of federal or state law or regulation .
(19) INSPECTION OF IMPROVEMENTS AND RECORDS: The City shall
assure that representatives of the Commission and FHWA shall have the privilege of
inspecting and reviewing the work being done by the City's contractor and subcontractor
on the herein project.
The City shall also assure that its contractor, and all
subcontractors, if any, maintain all books, documents, papers and other evidence
pertaining to costs incurred in connection with the Transportation Alternatives Program
Agreement, and make such materials available at such contractor's office at all
reasonable times at no charge during this Agreement period, and for three (3) years
from the date of final payment under this Agreement, for inspection by the Commission,
FHWA or any authorized representatives of the Federal Government and the State of
Missouri, and copies shall be furnished, upon request, to authorized representatives of
the Commission, State, FHWA, or other Federal agencies.
(20) DISADVANTAGED BUSINESS ENTERPRISES (DBE): The Commission
will advise the City of any required goals for participation by disadvantaged business
enterprises (DBEs) to be included in the City's proposal for the work to be performed .
The City shall submit for Commission approval a DBE goal or plan . The City shall
comply with the plan or goal that is approved by the Commission and all requirements
of 49 C.F.R. Part 26, as amended.
(21) VENUE: It is agreed by the parties that any action at law, suit in equity, or
other judicial proceeding to enforce or construe this Agreement, or regarding its alleged
breach, shall be instituted only in the Circuit Court of Cole County, Missouri.
(22) NOTICE TO BIDDERS: The City shall notify the prospective bidders that
disadvantaged business enterprises shall be afforded full and affirmative opportunity to
submit bids in response to the invitation and will not be discriminated against on
grounds of race , color, sex, or national origin in consideration for an award.
(23) FINAL AUDIT: The Commission may, in its sole discretion, perform a final
audit of project costs. The United States Government shall reimburse the City, through
the Commission, any monies due. The City shall refund any overpayments as
determined by the final audit.
(24) OMB AUDIT: If the City expend(s) five hundred thousand dollars
($500,000) or more in a year in federal financial assistance it is required to have an
independent annual audit conducted in accordance with OMB Circular A-133. A copy of
the audit report shall be submitted to MoDOT within the earlier of thirty (30) days after
receipt of the auditor's report(s) , or nine (9) months after the end of the audit period .
Subject to the requirements of OMB Circular A-133, if the City expend(s) less than five
hundred thousand dollars ($500,000) a year, the City may be exempt from auditing
requirements for that year but records must be available for review or audit by
applicable state and federal authorities.
(25) FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT
OF 2006: The City shall comply with all reporting requirements of the Federal Funding
Accountability and Transparency Act (FFATA) of 2006, as amended . This Agreement is
subject to the award terms within 2 C.F.R. Part 170.
[Remainder of Page Intentionally Left Blank]
IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last
written below.
Executed by the City this __ day of _ _ _ _ _ , 20_.
Executed by the Commission this __ day of _ _ _ _ __ _ , 20_.
MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION
CITY OF CAMDENTON
By _ _ _ _ _ _ __ _ _ _ __
Title
Title
ATTEST:
ATTEST:
Secretary to the Commission
-----------~
By - - - - - - - - - - - - Title
Approved as to Form:
Commission Counsel
Title
----------~
Ordinance No
---------
Exhibit A - Location of Project
2,0~7.7
-
--
-~
1,0413.83
2,097.7 Feet
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable.
THIS MAP IS NOT TO BE USED FOR NAVIGATION
Exhibit B - Project Schedule
Project Description: TAP-9900(563) - Sidewalk along US Highway 54, east of New
Route 5 to Cecil Street.
Task
Date fundinq is made available or allocated to recipient
Solicitation for Professional Engineering Services (advertised)
Enqineerinq Services Contract Approved
Preliminary and Riqht-of-Way Plans Submittal (if Applicable)
Plans, Specifications & Estimate (PS&E) Submittal
Plans, Specifications & Estimate (PS&E) Aooroval
Advertisement for Letting
Bid Openinq
Construction Contract Award (REQUIRED)
Date
1/9/2015
2/2/2015
4/1/2015
10/1/2015
2/1/2016
3/1/2016
4/1/2016
5/1/2016
6/1/2016
*Note: the dates established in the schedule above will be used in the applicable ESC
between the sponsor agency and consultant firm.
**Schedule dates are approximate as the project schedule will be actively managed and
issues mitigated through the project delivery process. The Award Date deliverable is
not approximate and a Supplemental Agreement is required to modify this date.
Exhibit C - Required Contract Provisions
Federal-Aid Construction Contracts
FHWA-1273 -
Revised May 1, 2012
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I.
II.
Ill.
IV.
V.
General
Nondiscrimination
Nonsegregated Facilities
Davis-Bacon and Related Act Provisions
Contract Work Hours and Safety Standards Act
Provisions
VI.
Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX.
Implementation of Clean Air Act and Federal Water
Pollution Control Act
X.
Compliance with Governmentwide Suspension and
Debarment Requirements
XI.
Certification Regarding Use of Contract Funds for
Lobbying
3. A breach of any of the stipulations contained in these
Required Contract Provisions may be sufficient grounds for
withholding of progress payments, withholding of final
payment, termination of the contract, suspension I debarment
or any other action determined to be appropriate by the
contracting agency and FHWA.
4. Selection of labor: During the performance of this contract,
the contractor shall not use convict labor for any purpose
within the limits of a construction project on a Federal-aid
highway unless it is labor performed by convicts who are on
parole, supervised release, or probation. The term Federal-aid
highway does not include roadways functionally classified as
local roads or rural minor collectors.
ATTACHMENTS
II. NONDISCRIMINATION
A. Employment and Materials Preference for Appalachian
The provisions of this section related to 23 CFR Part 230 are
applicable to all Federal-aid construction contracts and to all
related construction subcontracts of $10,000 or more. The
provisions of 23 CFR Part 230 are not applicable to material
supply, engineering, or architectural service contracts.
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)
I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each
construction contract funded under Title 23 (excluding
emergency contracts solely intended for debris removal). The
contractor (or subcontractor) must insert this form in each
subcontract and further require its inclusion in all lower tier
subcontracts (excluding purchase orders, rental agreements
and other agreements for supplies or services).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase
order, rental agreement or agreement for other services. The
prime contractor shall be responsible for compliance by any
subcontractor, lower-tier subcontractor or service provider.
Form FHWA-1273 must be included in all Federal-aid designbuild contracts, in all subcontracts and in lower tier
subcontracts (excluding subcontracts for design services,
purchase orders, rental agreements and other agreements for
supplies or services). The design-builder shall be responsible
for compliance by any subcontractor, lower-tier subcontractor
or service provider.
Contracting agencies may reference Form FHWA-1273 in bid
proposal or request for proposal documents, however, the
Form FHWA-1273 must be physically incorporated (not
referenced) in all contracts, subcontracts and lower-tier
and other agreements for supplies or services related to a
construction contract).
2. Subject to the applicability criteria noted in the following
sections, these contract provisions shall apply to all work
performed on the contract by the contractor's own organization
and with the assistance of workers under the contractor's
immediate superintendence and to all work performed on the
contract by piecework, station work, or by subcontract.
In addition, the contractor and all subcontractors must comply
with the following policies: Executive Order 11246, 41 CFR 60,
29 CFR 1625-1627, Title 23 USC Section 140, the
Rehabilitation Act of 1973, as amended (29 USC 794). Title VI
of the Civil Rights Act of 1964, as amended , and related
regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR
Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 601.4(b) and, for all construction contracts exceeding $10,000,
the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to
determine compliance with Executive Order 11 246 and the
policies of the Secretary of labor including 41 CFR 60, and 29
CFR 1625-1627. The contracting agency and the FHWA have
the authority and the responsibility to ensure compliance with
Title 23 USC Section 140, the Rehabilitation Act of 1973, as
amended (29 USC 794), and Title VI of the Civil Rights Act of
1964, as amended, and related regulations induding 49 CFR
Parts 21 , 26 and 27; and 23 CFR Parts 200, 230, and 633.
The following provision Is adopted from 23 CFR 230, Appendix
A, with appropriate revisions to conform to the U.S.
Department of Labor (US DOL) and FHWA requirements.
1. Equal Employment Opportunity: Equal employment
opportunity (EEO) requirements not to discriminate and to take
affirmative action to assure equal opportunity as set forth
under laws, executive orders, rules, regulations (28 CFR 35,
29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27)
and orders of the Secretary of labor as modified by the
provisions prescribed herein, and imposed pursuant to 23
U.S.C. 140 shall constitute the EEO and specific affirmative
action standards for the contractor's project activities under
this contract. The provisions of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR
35 and 29 CFR 1630 are incorporated by reference in this
contract. In the execution of this contract, the contractor
agrees to comply with the following minimum specific
requirement activities of EEO:
4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the
notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large
circulation among minorities and women in the area from
which the project work force would normally be derived.
a. The contractor will work with the contracting agency and
the Federal Government to ensure that it has made every
good faith effort to provide equal opportunity with respect to all
of its terms and conditions of employment and in their review
of activities under the contract.
a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral
sources likely to yield qualified minorities and women. To
meet this requirement, the contractor will identify sources of
potential minority group employees, and establish with such
identified sources procedures whereby minority and women
applicants may be referred to the contractor for employment
consideration.
b. The contractor will accept as its operating policy the
following statement:
"It is the policy of this Company to assure that applicants
are employed, and that employees are treated during
employment, without regard to their race, religion, sex, color,
national origin, age or disability. Such action shall include:
employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training,
including apprenticeship, pre-apprenticeship, and/or on-thejob training."
b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the
contractor is expected to observe the provisions of that
agreement to the extent that the system meets the contractor's
compliance with EEO contract provisions. VI/here
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates
Federal nondiscrimination provisions.
2. EEO Officer: The contractor will designate and make
known to the contracting officers an EEO Officer who will have
the responsibility for and must be capable of effectively
administering and promoting an active EEO program and who
must be assigned adequate authority and responsibility to do
c. The contractor will encourage its present employees to
refer minorities and women as applicants for employment.
Information and procedures with regard to referring such
applicants will be discussed with employees.
SO.
5 . Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and
personnel actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and termination, shall be
taken without regard to race, color, religion, sex, national
origin, age or disability. The following procedures shall be
follo1Ned:
3. Dissemination of Policy: All members of the contractor's
staff who are authorized to hire, supervise, promote, and
discharge employees, or who recommend such action, or who
are substantially involved in such action, will be made fully
cognizant of, and will implement, the contractor's EEO policy
and contractual responsibilities to provide EEO in each grade
and classification of employment. To ensure that the above
agreement will be met, the following actions will be taken as a
minimum:
a. The contractor will conduct periodic inspections of project
sites to insure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
personnel.
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then
not less often than once every six months, at which time the
contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by
the EEO Officer.
b. The contractor will periodically evaluate the spread of
wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of
discrimination. Where evidence is found, the contractor will
promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed , such
corrective action shall include all affected persons.
b. All new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Officer, covering
all major aspects of the contractor's EEO obligations within
thirty days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for
the project will be instructed by the EEO Officer in the
contractor's procedures for locating and hiring minorities and
women.
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection
with its obligations under this contract, will attempt to resolve
such complaints, and will take appropriate corrective action
within a reasonable time. If the investigation indicates that the
discrimination may affect persons other than the complainant,
such corrective action shall include such other persons. Upon
completion of each investigation, the contractor will inform
every complainant of all of their avenues of appeal.
d. Notices and posters setting forth the contractor's EEO
policy will be placed in areas readily accessible to employees,
applicants for employment and potential employees.
e. The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of
employees by means of meetings, employee handbooks, or
other appropriate means.
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minorities and women who are
2
applicants for employment or current employees. Such efforts
should be aimed at developing full journey level status
employees in the type of trade or job classification involved.
with the requirements for and comply with the Americans with
Disabilities Act and all rules and regulations established there
under. Employers must provide reasonable accommodation in
all employment activities unless to do so would cause an
undue hardship.
b. Consistent with the contractor's work force requirements
and as permissible under Federal and State regulations, the
contractor shall make full use of training programs, i.e.,
apprenticeship, and on-the-job training programs for the
geographical area of contract performance. In the event a
special provision for training is provided under this contract,
this subparagraph will be superseded as indicated in the
special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance
in accordance with 23 U.S.C. 140(a).
9. Selection of Subcontractors, Procurement of Materials
and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex,
national origin, age or disability in the selection and retention
of subcontractors, including procurement of materials and
leases of equipment. The contractor shall take all necessary
and reasonable steps to ensure nondiscrimination in the
administration of this contract.
c . The contractor will advise employees and applicants for
employment of available training programs and entrance
requirements for each.
a. The contractor shall notify all potential subcontractors and
suppliers and lessors of their EEO obligations under this
contract.
d. The contractor will periodically review the training and
promotion potential of employees who are minorities and
women and will encourage eligible employees to apply for
such training and promotion.
b. The contractor will use good faith efforts to ensure
subcontractor compliance with their EEO obligations.
10. Assurance Required by 49 CFR 26.13(b):
7. Unions: If the contractor relies in whole or in part upon
unions as a source of employees, the contractor will use good
faith efforts to obtain the cooperation of such unions to
increase opportunities for minorities and women. Actions by
the contractor, either directly or through a contractor's
association acting as agent, will include the procedures set
forth below:
a. The requirements of 49 CFR Part 26 and the State
DOTs U.S. DOT-approved DBE program are incorporated by
reference.
b. The contractor or subcontractor shall not discriminate on
the basis of race, color, national origin, or sex in the
performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and
administration of DOT-assisted contracts. Failure by the
contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the contracting agency
deems appropriate.
a. The contractor will use good faith efforts to develop, in
cooperation with the unions, joint training programs aimed
toward qualifying more minorities and women for membership
in the unions and increasing the skills of m inorities and women
so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such
union will be contractually bound to refer applicants without
regard to their race, color, religion, sex, national origin, age or
disability.
11. Records and Reports: The contractor shall keep such
records as necessary to document compliance with the EEO
requirements. Such records shall be retained for a period of
three years following the date of the final payment to the
contractor for all contract work and shall be available at
reasonable times and places for inspection by authorized
representatives of the contracting agency and the FHWA.
c. The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shall so certify to
the contracting agency and shall set forth what efforts have
been made to obtain such information.
a. The records kept by the contractor shall document the
following:
(1) The number and work hours of minority and nonminority group members and women employed in each work
classification on the project;
d. In the event the union is unable to provide the contractor
with a reasonable flow of referrals within the time limit set forth
in the collective bargaining agreement, the contractor will,
through independent recruitment efforts, fill the employment
vacancies without regard to race, color, religion, sex, national
origin, age or disability; making full efforts to obtain qualified
and/or qualifiable minorities and women. The failure of a union
to provide sufficient referrals (even though it is obligated to
provide exclusive referrals under the terms of a collective
bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral
practice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and these
special provisions, such contractor shall immediately notify the
contracting agency.
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minorities and women;
b. The contractors and subcontractors will submit an annual
report to the contracting agency each July for the duration of
the project, indicating the number of minority, women, and
non-minority group employees currently engaged in each work
classification required by the contract work. This information is
to be reported on Form FHWA-1391 . The staffing data should
represent the project work force on board in all or any part of
the last payroll period preceding the end of July. If on-the~ob
training is being required by special provision, the contractor
8. Reasonable Accorrvnodation for Applicants I
Employees with Disabilities: The contractor must be familiar
3
will be required to collect and report training data. The
employment data should reflect the work force on board during
all or any part of the last payroll period preceding the end of
July.
of paragraph 1.d. of this section; also, regular contributions
made or costs incurred for more than a weekly period (but not
less often than quarterly) under plans, funds, or programs
which cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination for
the classification of work actually performed, without regard to
skill, except as provided in 29 CFR 5 .5(a)(4). Laborers or
mechanics performing work in more than one classification
may be compensated at the rate specified for each
classification for the time actually worked therein : Provided,
That the employer's payroll records accurately set forth the
time spent in each classification in which work is performed.
The wage determination (including any additional classification
and wage rates conformed under paragraph 1.b. of this
section) and the Davis-Bacon poster (WH-1321) shall be
posted at all times by the contractor and its subcontractors at
the site of the work in a prominent and accessible place where
it can be easily seen by the workers.
Ill. NONSEGREGATED FACILITIES
This provision is applicable to all Federal-aid construction
contracts and to all related construction subcontracts of
$10,000 or more.
The contractor must ensure that facilities provided for
employees are provided in such a manner that segregation on
the basis of race, color, religion, sex, or national origin cannot
result. The contractor may neither require such segregated
use by written or oral policies nor tolerate such use by
employee custom. The contractor's obligation extends further
to ensure that its employees are not assigned to perform their
services at any location, under the contractor's control, where
the facilities are segregated. The term "facilities" includes
waiting rooms, work areas, restaurants and other eating areas,
time clocks, restrooms, washrooms, locker rooms, and other
storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing
provided for employees. The contractor shall provide separate
or single-user restrooms and necessary dressing or sleeping
areas to assure privacy between sexes.
b. (1) The contracting officer shall require that any class of
laborers or mechanics, including helpers, which is not listed in
the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
(i) The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and
This section is applicable to all Federal-aid construction
projects exceeding $2,000 and to all related subcontracts and
lower-tier subcontracts (regardless of subcontract size). The
requirements apply to all projects located within the right-ofway of a roadway that is functionally classified as Federal-aid
highway. This excludes roadways functionally classified as
local roads or rural minor collectors, which are exempt.
Contracting agencies may elect to apply these requirements to
other projects.
(ii) The classification is utilized in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and the contracting officer agree on the
classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of
the action taken shall be sent by the contracting officer to the
Administrator of the Wage and Hour Division, Employment
Standards Administration, U.S. Department of Labor,
Washington, DC 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and
so advise the contracting officer or will notify the contracting
officer within the 30-day period that additional time is
necessary.
The following provisions a re from the U.S. Department of
Labor regulations in 29 CFR 5.5 · contract provisions and
related matters" with minor revisions to conform to the FHWA1273 format and FHWA program requirements.
1. Minimum wages
a. All laborers and mechanics employed or working upon
the site of the work, will be paid unconditionally and not less
often than once a week, and without subsequent deduction or
rebate on any account (except such payroll deductions as are
permitted by regulations issued by the Secretary of Labor
under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor and such laborers
and mechanics.
(3) In the event the contractor, the laborers or mechanics
to be employed in the classification or their representatives,
and the contracting officer do not agree on the proposed
designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the
views of all interested parties and the recommendation of the
contracting officer, to the Wage and Hour Administrator for
determination. The Wage and Hour Administrator, or an
authorized representative, will issue a determination within
30 days of receipt and so advise the contracting officer or
Contributions made or costs reasonably anticipated for bona
fide fringe benefits under section 1 (b)(2) of the Davis-Bacon
Act on behalf of laborers or mechanics are considered wages
paid to such laborers or mechanics, subject to the provisions
4
will notify the contracting officer within the 30-day period that
additional time is necessary.
Bacon Act, the contractor shall maintain records which show
that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the
plan or program has been communicated in writing to the
laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs.
( 4) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs 1.b.(2) or
1.b .(3) of this section, shall be paid to all workers performing
work in the classification under this contract from the first
day on which work is performed in the classification.
c. Whenever the m inimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the contractor
shall either pay the benefit as stated in the wage determination
or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
b. (1) The contractor shall submit weekly for each week in
which any contract work is performed a copy of all payrolls to
the contracting agency. The payrolls submitted shall set out
accurately and completely all of the information required to be
maintained under 29 CFR 5.5(a)(3)(i), except that full social
security numbers and home addresses shall not be included
on weekly transmittals. Instead the payrolls shall only need to
include an individually identifying number for each employee (
e.g., the last four digits of the employee's social security
number). The required weekly payroll information may be
submitted in any form desired. Optional Form WH-347 is
available for this purpose from the Wage and Hour Division
Web site at http://www.dol.gov/esa/Whd/formslwh347instr.htm
or its successor site. The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social
security number and current address of each covered worker,
and shall provide them upon request to the contracting agency
for transmission to the State DOT, the FHWA or the Wage and
Hour Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage
requirements. It is not a violation of this section for a prime
contractor to require a subcontractor to provide addresses and
social security numbers to the prime contractor for its own
records, without weekly submission to the contracting agency..
d. If the contractor does not make payments to a trustee or
other third person, the contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits
under a plan or program, Provided, That the Secretary of
Labor has found, upon the written request of the contractor,
that the applicable standards of the Davis-Bacon Act have
been met. The Secretary of Labor may require the contractor
to set aside in a separate account assets for the meeting of
obligations under the plan or program.
2. Withholding
The contracting agency shall upon its own action or upon
written request of an authorized representative of the
Department of Labor, withhold or cause to be withheld from
the contractor under this contract, or any other Federal
contract with the same prime contractor, or any other federallyassisted contract subject to Davis-Bacon prevailing wage
requirements, which is held by the same prime contractor, so
much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the
contractor or any subcontractor the full amount of wages
required by the contract. In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee, or
helper, employed or working on the site of the work, all or part
of the wages required by the contract, the contracting agency
may, after written notice to the contractor, take such action as
may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such violations
have ceased.
(2) Each payroll submitted shall be accompanied by a
"Statement of Compliance," signed by the contractor or
subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall
certify the following:
(i) That the payroll for the payroll period contains the
information required to be provided under §5.5 (a)(3)(ii) of
Regulations, 29 CFR part 5 , the appropriate information is
being maintained under §5.5 (a)(3)(i) of Regulations, 29
CFR part 5, and that such information is correct and
complete;
3. Payrolls and basic records
(ii) That each laborer or mechanic (including each
helper, apprentice, and trainee) employed on the contract
during the payroll period has been paid the full weekly
wages earned, without rebate, either directly or indirectly,
and that no deductions have been made either directly or
indirectly from the full wages earned, other than
permissible deductions as set forth in Regulations, 29 CFR
part 3 ;
a. Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work and
preserved for a period of three years thereafter for all laborers
and mechanics working at the site of the work. Such records
shall contain the name, address, and social security number of
each such worker, his or her correct classification, hourly rates
of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in section 1 (b)(2)(B) of the
Davis-Bacon Act), daily and weekly number of hours worked,
deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5 .5(a)(1)(iv) that
the wages of any laborer or mechanic include the amount of
any costs reasonably anticipated in providing benefits under a
plan or program described in section 1 (b)(2)(B) of the Davis-
(iii) That each laborer or mechanic has been paid not
less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed,
as specified in the applicable wage determination
incorporated into the contract.
5
rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with
the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount o f fringe benefits
listed on the wage determination for the applicable
classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that determination.
(3) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form
WH-347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by paragraph 3.b.(2) of
this section .
( 4) The falsification of any of the above certifications may
subject the contractor o r subcontractor to civil or criminal
prosecution under section 1001 oftitle 18 and section 231 of
title 31 of the United States Code.
In the event the Office of Apprenticeship Training, Employer
and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an
apprenticeship program, the contractor will no longer be
permitted to utilize apprentices at less than the applicable
predetermined rate for the work performed until an acceptable
program is approved.
c. The contractor or subcontractor shall make the records
required under paragraph 3 .a. of this section available for
inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the
FHWA, or the Department of Labor, and shall permit such
representatives to interview employees during working hours
on the job. If the contractor or subcontractor fails to submit the
required records or to make them available, the FHWA may,
after written notice to the contractor, the contracting agency or
the State DOT, take such action as may be necessary to
cause the suspension of any further payment, advance, or
guarantee of funds. Furthermore, failure to submit the required
records upon request or to make such records available may
be grounds for debarment action pursuant to 29 CFR 5.12.
b. Trainees (programs of the USDOL).
Except as provided in 29 CFR 5 .16, trainees will not be
permitted to work at less than the predetermined rate for the
work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by formal certiftcation by the U.S.
Department of Labor, Employment and Training
Administration.
4. Apprentices and trainees
The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the
Employment and Training Administration.
a. Apprentices (programs of the USDOL).
Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with
a State Apprenticeship Agency recognized by the Office, or if a
person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but
who has been certified by the Office of Apprenticeship
Training, Employer and Labor Services or a State
Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice.
Every trainee must be paid at not less than the rate specified
in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees shall
be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention
fringe benefits, trainees shall be paid the full amount of fringe
benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines that
there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee
rate who is not registered and participating in a training plan
approved by the Employment and Training Administration shall
be paid not less than the applicable wage rate on the wage
determination for the classiftcation of work actually performed.
In addition, any trainee performing work on the job site in
excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed.
The allowable ratio of apprentices to journeymen on the job
site in any craft classification shall not be greater than the ratio
permitted to the contractor as to the entire work force under
the registered program. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the
applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination
for the work actually performed. Where a contractor is
performing construction on a project in a locality other than
that in which its program is registered, the ratios and wage
rates (expressed in percentages of the journeyman's hourly
rate) specified in the contractor's or subcontractor's registered
program shall be observed.
In the event the Employment and Training Administration
withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the
applicable predetermined rate for the work performed until an
acceptable program is approved.
c. Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under this part shall be
in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29
CFR part 30.
Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the journeymen hourly
6
d. Apprentices and Trainees (programs of the U.S. DOT).
V. CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT
Apprentices and trainees working under apprenticeship and
skill training programs which have been certified by the
Secretary of Transportation as promoting EEO in connection
with Federal-aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV.
The straight time hourly wage rates for apprentices and
trainees under such programs will be established by the
particular programs. The ratio of apprentices and trainees to
journeymen shall not be greater than permitted by the terms of
the particular program.
The following clauses apply to any Federal-aid construction
contract in an amount in excess of $100,000 and subject to the
overtime provisions of the Contract Work Hours and Safety
Standards Act. These clauses shall be inserted in addition to
the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As
used in this paragraph, the terms laborers and mechanics
include watchmen and guards.
1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less
than one and one-half times the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part
3, which are incorporated by reference in this contract.
6. Subcontracts. The contractor or subcontractor shall insert
Form FHWA-1273 in any subcontracts and also require the
subcontractors to include Form FHWA-1 273 in any lower tier
subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor
with all the contract clauses in 29 CFR 5.5.
2. Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth
in paragraph (1 .) of this section, the contractor and any
subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such contractor and subcontractor
shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such
District or to such territory) , for liquidated damages. Such
liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in
paragraph (1.) of this section, in the sum of $10 for each
calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty
hours without payment ofthe overtime wages required by the
clause set forth in paragraph (1 .) of this section.
7. Contract tennination: debannent. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination
of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.
8. Compliance w ith Davis-Bacon and Related Act
requirements. All rulings and interpretations of the DavisBacon and Related Acts contained in 29 CFR parts 1, 3, and 5
are herein incorporated by reference in this contract.
9. Disputes concerning labor standards. Disputes arising
out of the labor standards provisions of this contract shall not
be subject to the general disputes clause of this contract. Such
disputes shall be resolved in accordance with the procedures
of the Department of Labor set forth in 29 CFR parts 5, 6, and
7. Disputes within the meaning of this clause include disputes
between the contractor (or any of its subcontractors) and the
contracting agency, the U.S. Department of Labor, or the
employees or their representatives.
3. Withholding for unpaid wages and liquidated damages.
The FHWA or the contacting agency shall upon its own action
or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from
any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any
other Federal contract with the same prime contractor, or any
other federally-assisted contract subject to the Contract Work
Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (2.) of this
section.
10. Certification of eligibility.
a. By entering into this contract, the contractor certifies that
neither it (nor he or she) nor any person or firm who has an
interest in the contractor's firm is a person or firm ineligible to
be awarded Government contracts by virtue of section 3(a) of
the Davis-Bacon Act or 29 CFR 5.12(a)(1 ).
b. No part of this contract shall be subcontracted to any person
or firm ineligible for award of a Government contract by virtue
of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1 ).
in any subcontracts the clauses set forth in paragraph (1 .)
through (4.) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for
with the clauses set forth in paragraphs (1 .) through (4.) of this
section.
c. The penalty for making false statements is prescribed in the
U.S. Criminal Code, 18 U.S.C. 1001.
7
evidenced in writing and that it contains all pertinent provisions
and requirements of the prime contract.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
contracts on the National Highway System.
5. The 30% self-performance requirement of paragraph (1) is
not applicable to design-build contracts; however, contracting
agencies may establish their own self-performance
requirements.
1. The contractor shall perfonn with its own organization
contract work amounting to not less than 30 percent (or a
greater percentage if specified elsewhere in the contract) of
the total original contract price, excluding any specialty items
designated by the contracting agency. Specialty items may be
performed by subcontract and the amount of any such
specialty items performed may be deducted from the total
original contract price before computing the amount of work
required to be performed by the contractor's own organization
(23 CFR 635.116).
VII. SAFETY: ACCIDENT PREVENTION
T h i s p r o v i s i o n i s applicable to all Federal-aid
construction contracts and to a ll related subcontracts.
1. In the performance of this contract the contractor shall
comply with all applicable Federal, State, and local laws
governing safety, health, and sanitation (23 CFR 635). The
contractor shall provide all safeguards, safety devices and
protective equipment and take any other needed actions as it
determines, or as the contracting officer may determine, to be
reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to
protect property in connection with the performance of the
work covered by the contract.
a. The term "perform work with its own organization" refers
to workers employed or leased by the prime contractor, and
equipment owned or rented by the prime contractor, with or
without operators. Such tenn does not include employees or
equipment of a subcontractor or lo\Ner tier subcontractor,
agents of the prime contractor, or any other assignees. The
term may include payments for the costs of hiring leased
employees from an employee leasing firm meeting all relevant
Federal and State regulatory requirements. Leased
employees may only be included in this term ifthe prime
contractor meets all of the following conditions:
2. It is a condition of this contract, and shall be made a
condition of each subcontract, which the contractor enters into
pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance
of the contract, to work in surroundings or under conditions
which are unsanitary, hazardous or dangerous to his/her
health or safety, as determined under construction safety and
health standards (29 CFR 1926) promulgated by the Secretary
of Labor, in accordance with Section 107 of the Contract Work
Hours and Safety Standards Act (40 U.S.C. 3704).
(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality
of the work of the leased employees;
(3) the prime contractor retains all power to accept or
exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for
the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all
other Federal regulatory requirements.
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract
that the Secretary of Labor or authorized representative
thereof, shall have right of entry to any site of contract
performance to inspect or investigate the matter of compliance
with the construction safety and health standards and to carry
out the duties of the Secretary under Section 107 of the
Contract Work Hours and Safety Standards Act (40
U.S.C.3704).
b. "Specialty Items" shall be construed to be limited to work
that requires highly specialized knowledge, abilities, or
equipment not ordinarily available in the type of contracting
organizations qualified and expected to bid or propose on the
contract as a whole and in general are to be limited to minor
components of the overall contract.
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
2. The contract amount upon which the requirements set forth
in paragraph (1) of Section VI is computed includes the cost of
material and manufactured products which are to be
purchased or produced by the contractor under the contract
provisions.
construction contracts and to all related subcontracts.
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made
by engineers, contractors, suppliers, and workers on Federalaid highway projects, it is essential that all persons concerned
with the project perform their functions as carefully, thoroughly,
and honestly as possible. \Mllful falsification, distortion, or
misrepresentation with respect to any facts related to the
project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and
similar acts, Form FHWA-1022 shall be posted on each
Federal-aid highway project (23 CFR 635) in one or more
places where it is readily available to all persons concerned
with the project:
3. The contractor shall furnish (a) a competent superintendent
or supervisor who is employed by the firm, has full authority to
direct performance of the work in accordance with the contract
requirements, and is in charge of all construction operations
(regardless of who performs the work) and (b) such other of its
own organizational resources (supervision, management, and
engineering services) as the contracting officer determines is
necessary to assure the perfonnance of the contract.
4. No portion of the contract shall be sublet, assigned or
otherwise disposed of except with the written consent of the
contracting officer, or authorized representative, and such
consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the
contract. Written consent will be given only after the
contracting agency has assured that each subcontract is
18 U.S. C. 1020 reads as follows:
8
''\Nhoever, being an officer, agent, or employee of the United
States, or of any State o r Territory, or whoever, whether a
person, association, firm, or corporation , knowingly makes any
false statement, false representation, or false report as to the
character, quality, quantity, or cost of the material used or to
be used, or the quantity or quality of the work performed or to
be performed, or the cost thereof in connection with the
submission of plans, maps, specifications, contracts, or costs
of construction on any highway or related project submitted for
approval to the Secretary of Transportation; or
covered transaction. The prospective first tier participant shall
submit an explanation of why it cannot provide the certification
set out below. The certification or explanation will be
considered in connection with the department or agency's
determination whether to enter into this transaction. However,
failure of the prospective first tier participant to furnish a
certification or an explanation shall disqualify such a person
from participation in this transaction.
c. The certification in this clause is a material representation
of fact upon which reliance was placed when the contracting
agency determined to enter into this transaction. If it is later
determined that the prospective participant knowingly rendered
an erroneous certification, in addition to other remedies
available to the Federal Government, the contracting agency
may terminate this transaction for cause of default.
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the
character, quality, quantity, or cost of any work performed or to
be performed, or materials furnished or to be furnished, in
connection with the construction of any highway or related
project approved by the Secretary of Transportation; or
d. The prospective first tier participant shall provide
immediate written notice to the contracting agency to whom
this proposal is submitted if any time the prospective first tier
participant learns that its certification was erroneous when
submitted or has become e rroneous by reason of changed
circumstances.
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate,
or report submitted pursuant to provisions of the Federal-aid
Roads Act approved July 1, 1916, (39 Stat. 355), as amended
and supplemented;
Shall be fined under this title or imprisoned not more than 5
years or both."
e. The terms "covered transaction," "debarred,"
"suspended," "ineligible," "participant," "person," "principal,"
and ''voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180 and 1200. "First Tie r Covered
Transactions" refers to any covered transaction between a
grantee or subgrantee of Federal funds and a participant (such
as the prime or general contract). "Lower Tier Covered
Transactions" refers to any covered transaction under a First
Tier Covered Transaction (such as subcontracts). "First Tier
Participant• refers to the participant who has entered into a
covered transaction with a grantee or subgrantee of Federal
funds (such as the prime or general contractor). "Lower Tier
Participant" refers any participant who has entered into a
covered transaction with a First Tier Participant or other Lower
Tier Participants (such as subcontractors and suppliers).
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
contracts and to all related subcontracts.
By submission of this bid/proposal or the execution of this
contract, or subcontract, as appropriate, the bidder, proposer,
Federal-aid construction contractor, or subcontractor, as
appropriate, will be deemed to have stipulated as follows:
1. That any person who is or will be utilized in the
performance of this contract is not prohibited from receiving an
award due to a violation of Section 508 of the Clean Water Act
or Section 306 of the Clean Air Act.
2. That the contractor agrees to include or cause to be
included the requirements of paragraph (1) of this Section X in
every subcontract, and further agrees to take such action as
the contracting agency may direct as a means of enforcing
such requirements.
f. The prospective first tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by
the department or agency entering into this transaction.
g. The prospective first tier participant further agrees by
submitting this proposal that it will include the clause tilled
"Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion-Lower Tier Covered Transactions,"
provided by the department or contracting agency, entering
into this covered transaction, without modification, in all lower
tier covered transactions and in all solicitations for lower tier
covered transactions exceeding the $25,000 threshold.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
contracts, design-build contracts, subcontracts, lower-tier
subcontracts, purchase o rders, lease agreements, consultant
contracts or any other covered transaction requiring FHWA
approval or that is estimated to cost $25,000 or more - as
defined in 2 CFR Parts 180 and 1200.
h. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not debarred, suspended, inelig ible , or
voluntarily excluded from the covered transaction, unless it
knows that the certification is erroneous. A participant is
responsible for ensuring that its principals are not suspended,
debarred, or otherwise ineligible to participate in covered
transactions. To verify the eligibility of its principals, as well as
the eligibility of any lower tier prospective participants, each
participant may, but is not required to, check the Excluded
Parties List System website (httDS:/lvMw.epls.gov/), which is
compiled by the General Services Administration.
1. Instructions for Certification - Fi rst Tier Participants:
a. By signing and submitting this proposal, the prospective
first tier participant is providing the certification set out below.
b. The inability of a person to provide the certification set out
below will not necessarily result in denial of participation in this
9
i. Nothing contained in the foregoing shall be construed to
require the establishment of a system of records in order to
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant
is not required to exceed that which is normally possessed by
a prudent person in the ordinary course of business dealings.
this transaction originated may pursue available remedies,
including suspension and/or debarment.
c . The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of
changed circumstances.
j. Except for transactions authorized under paragraph (f) of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a
person who is suspended, debarred, ineligible, or voluntarily
excluded from participation in this transaction, in addition to
other remedies available to the Federal Government, the
department or agency may terminate this transaction for cause
or default.
d. The terms "covered transaction," "debarred,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180 and 1200. You may contact the person to
which this proposal is submitted for assistance in obtaining a
copy of those regulations. "First Tier Covered Transactions"
refers to any covered transaction between a grantee or
subgrantee of Federal funds and a participant (such as the
prime or general contract). "Lower Tier Covered Transactions"
refers to any covered transaction under a First Tier Covered
Transaction (such as subcontracts). "First Tier Participant"
refers to the participant who has entered into a covered
transaction with a grantee or subgrantee of Federal funds
(such as the prime or general contractor). "Lower Tier
2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion - First Tier
Participants:
a. The prospective first tier participant certifies to the best of
its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency;
e. The prospective lower t ier participant agrees by
submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless
authorized by the department or agency with which this
transaction originated.
(2) Have not within a three-year period preceding this
proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing
a public (Federal, State or local) transaction or contract under
a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
and Voluntary Exclusion-Lower Tier Covered Transaction,"
without modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions exceeding
the $25,000 threshold.
(3) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State or
local) wilh commission of any of the offenses enumerated in
paragraph (a)(2) of this certification; and
g . A participant in a covered transaction may rely upon a
transaction that is not debarred, suspended, ineligible, or
debarred, or otherwise ineligible to participate In covered
Parties List System website (https:.'/www.epls.gov:). which is
application/proposal had one or more public transactions
(Federal, State or local) terminated for cause or default.
b. Vln1ere the prospective participant is unable to certify to
any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
2. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other
lower tier transactions requiring prior FHWA approval or
estimated to cost $25,000 or more - 2 CFR Parts 180 and
1200)
h. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render
in good faith the certification required by this clause. The
knowledge and information of participant is not required to
exceed that which is normally possessed by a prudent person
in the ordinary course of business dealings.
lower tier is providing the certification set out below.
b. The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction
was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the
Federal Government, the department, or agency with which
i. Except for transactions authorized under paragraph e of
10
department or agency with which this transaction originated
may pursue available remedies, including suspension and/or
debarment.
Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion~ower Tier
Participants:
1. The prospective lower tier participant certifies, by
submission of this proposal, that neither it nor its principals is
presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in
covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to
certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this
proposal.
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
contracts and to all related subcontracts which exceed
$100,000 (49 CFR 20).
1. The prospective participant certifies, by signing and
submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of
any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and
submit Sta ndard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31
U.S.C. 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its
bid or proposal that the participant shall require that the
language of this certification be included in all lower tier
subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly.
11
6. The contractor shall include the provisions of Sections 1
through 4 of this Attachment A in every subcontract for work
which is, or reasonably may be, done as on-site work.
ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS
This provision is applicable to all Federal-aid projects funded
under the Appalachian Regional Development Act of 1965.
1. During the performance of this contract, the contractor
undertaking to do work which is, or reasonably may be, done
as on-site work, shall give preference to qualified persons who
regular1y reside in the labor area as designated by the DOL
wherein the contract work is situated, or the subregion, or the
Appalachian counties of the State wherein the contract work is
situated, except:
a . To the extent that qualified persons regularly residing in
the area are not available .
b. For the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to
assure an efficient execution of the contract work.
c. For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract, provided that the number of nonresident
persons employed under this subparagraph (1 c) shall not
exceed 20 percent of the total number of employees employed
by the contractor on the contract work, except as provided in
subparagraph (4) below.
2. The contractor shall place a job order with the State
Employment Service indicating (a) the classifications of the
laborers, mechanics and other employees required to perform
the contract work, (b) the number of employees required in
each classification, (c) the date on which the participant
estimates such employees will be required, and (d) any other
pertinent information required by the State Employment
Service to complete the job order form. The job order may be
placed with the State Employment Service in writing or by
telephone. If during the course of the contract work, the
information submitted by the contractor in the original job order
is substantially modified, the participant shall promptly notify
the State Employment Service.
3. The contractor shall give full consideration to all qualified
job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to
any job applicants who, in his opinion, are not qualified to
perform the classification of work required.
4. If, within one week following the placing of a job order by
the contractor with the State Employment Service, the State
Employment Service is unable to refer any qualified job
applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of
applicants. Such certificate shall be made a part of the
contractor's permanent project records. Upon receipt of this
certificate, the contractor may employ persons who do not
normally reside in the labor area to fill positions covered by the
certificate , notwithstanding the provisions of subparagraph (1 c)
above.
5 . The provisions of 23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
12
CCO Form: MT17
Approved: 12/07 (BOG)
Revised:
02/11 (ASB)
Modified:
SIDEWALK IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made and entered into by and between the Missouri
Highways and Transportation Commission (hereinafter, "Commission"), whose
address is P.O. Box 270, 105 W. Capitol, Jefferson City, Missouri 65102, and the
City of Camdenton, Missouri (hereinafter, "City"), whose address is 437 W US
Highway 54, Camdenton, Missouri 65020.
WITNNESSETH:
WHEREAS, the Commission owns and operates, as part of the State
Highway System, US Highway 54 located within the City limits in Camden County;
and
WHEREAS, the City is desirous of performing certain tasks related to the
installation and maintenance of sidewalk improvements within the City limits.
representations contained in this Agreement, the parties agree as follows:
PROPOSAL: The City proposes and the Commission will allow the
(1)
installation, including maintenance, of sidewalk improvements on Commission rightof-way as provided in this Agreement.
LOCATION: The general location of the sidewalk improvements to be
(2)
installed and maintained pursuant to this Agreement is along US Highway 54, east
of New Route 5 to Cecil Street per project TAP-9900(563).
(3)
COSTS: All costs associated with the construction of the proposed
sidewalk improvements, including, but not limited to, signing, traffic signals, and
traffic control during construction, will be borne entirely by the City, with no cost
incurred by the Commission.
(4)
PLANS: The City shall have detailed plans prepared at no cost to the
Commission, which are to be submitted to the Commission's District Engineer for the
Commission's review and approval. The Commission's District Engineer, in his/her
sole discretion, may require modifications to the plans prior to approving the plans.
(5)
TRAFFIC CONTROL DEVICES: All pavement marking, signs, and
traffic signals installed with the proposed improvements shall be in accordance with
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the latest revision of the Manual on Uniform Traffic Control Devices for Streets and
Highways.
(6)
RELOCATION: The City shall secure the removal , relocation or
adjustment of any public or private utilities located on private easements or public
right-of way, if the construction of the herein contemplated improvements so
required, without cost to the Commission.
INSPECTION: The City will allow inspection of the construction and
(7)
maintenance activities of the herein contemplated improvements by the
Commission's District Engineer, or his authorized representative, at any time and
shall take no attempts to prevent said inspection. Within thirty (30) days following
notice by the City to the Commission that construction is complete, the Commission
will inspect the work to determine that it is acceptable. The sidewalk improvements
will not be placed in operation until the Commission authorizes.
(8)
INDEMNIFICATION:
(A)
indemnify and hold harmless the Commission, including its members and
department employees, from any claim or liability whether based on a claim for
damages to real or personal property or to a person for any matter relating to or
arising out of the City's wrongful or negligent performance of its obligations under
this Agreement.
(B)
(1)
To obtain a no cost permit from the Commission's district
engineer prior to working on the Commission's right-of-way, which shall be signed by
an authorized contractor representative (a permit from the Commission's district
engineer will not be required for work outside of the Commission's right-of-way) ; and
(2)
commercial automobile liability insurance from a company authorized to issue
insurance in Missouri, and to name the Commission, and the Missouri Department of
Transportation and its employees, as additional named insureds in amounts
sufficient to cover the sovereign immunity limits for Missouri public entities ($500,000
per claimant and $3,000,000 per occurrence) as calculated by the Missouri
Department of Insurance, Financial Institutions and Professional Registration, and
published annually in the Missouri Register pursuant to Section 537.610, RSMo.
In no event shall the language of this Agreement constitute or
(C)
be construed as a waiver or limitation for either party's rights or defenses with regard
to each party's applicable sovereign, governmental, or official immunities and
protections as provided by federal and state constitution or law.
-2-
(9)
OWNERSHIP AND MAINTENANCE:
All improvements made
pursuant to this Agreement within the state-owned right-of-way shall become the
Commission's property. The City, at its sole cost and expense, is responsible for
maintaining all sidewalks constructed or installed pursuant to this Agreement in fully
operational, safe and aesthetically acceptable condition. All future alterations,
modifications, or maintenance of the sidewalk improvements will be the
responsibility of the City. Maintenance by the City will include, but is not limited to,
crack repair, patching holes, removing litter, debris, trash, and leaves, and removal
of snow and ice (through methods approved by the Commission). All sidewalks
constructed pursuant to this Agreement shall be maintained in a condition safe for
use of the sidewalks by the general public at all times. If the City fails to maintain
the sidewalks in a safe condition, the Commission may cancel this Agreement and
remove the sidewalks from Commission right of way or the Commission may
maintain the sidewalks at the City's cost and expense.
(10) PERMITS: Before beginning work, the City shall secure from the
Commission's District Engineer a permit for the proposed improvement. The City
shall comply with any additional conditions placed on the permit by the Commission.
(11) BOND: The City shall secure sufficient bond, as determined by the
Commission's District Engineer or his authorized representative, for the construction
of the proposed improvement on Commission right-of-way.
(12) CONSTRUCTION OF IMPROVEMENTS: All construction of the
proposed improvements shall be according to the latest editions of the Missouri
Highways and Transportation Commission's Standard Specifications for Highway
Construction, Standard Plans for Highway Construction, and the Missouri
Department of Transportation's Approved Products List for Traffic Signals and
Highway Lighting.
(13) AMENDMENTS:
Any change in this Agreement, whether by
modification or supplementation, must be accomplished by a formal contract
amendment signed and approved by the duly authorized representative of the City
and the Commission.
(14) ASSIGNMENT: The City shall not assign, transfer or delegate any
interest in this Agreement without the prior written consent of the Commission.
(15) AUDIT OF RECORDS: The City must maintain all records relating to
this Agreement, including but not limited to invoices, payrolls, etc. These records
must be available at all reasonable times at no charge to the Commission and/or its
designees or representatives during the period of this Agreement and any extension
thereof, and for three (3) years from the date of final payment made under this
Agreement.
-3-
time for a material breach of contractual obligations or for convenience by providing
the City with written notice of cancellation. Should the Commission exercise its right
to cancel the contract for such reasons, cancellation will become effective upon the
date specified in the notice of cancellation sent to the City.
(17) LAW OF MISSOURI TO GOVERN: This Agreement shall be
construed according to the laws of the state of Missouri. The City shall comply with
all local, state and federal laws and regulations relating to the performance of this
Agreement.
(18) MISSOURI NONDISCRIMINATION CLAUSE: The City shall comply
with all state and federal statutes applicable to City relating to nondiscrimination,
including, but not limited to, Chapter 213, RSMo; Title VI and Title VII of the Civil
Rights Act of 1964 as amended (42 U.S.C. Sections 2000d and 2000e, et seq.); and
with any provision of the "Americans with Disabilities Act" (42 U.S.C. Section 12101,
et seq.).
(19) VENUE: It is agreed by the parties that any action at law, suit in
equity, or other judicial proceeding to enforce or construe this Agreement, or
regarding its alleged breach, shall be instituted only in the Circuit Court of Cole
County, Missouri.
(20) SECTION HEADINGS:
All section headings contained in this
Agreement are for the convenience of reference only and are not intended to define
or limit the scope of any provision of this Agreement.
(21) SOLE BENEFICIARY: This Agreement is made for the sole benefit of
the parties hereto and nothing in this Agreement shall be construed to give any
rights or benefits to anyone other than the Commission and the City.
(22) NO INTEREST:
By constructing and maintaining the sidewalk
improvements on Commission right of way, the City gains no interest in Commission
right-of-way whatsoever. The Commission shall not be obligated to keep the
constructed improvements in place if the Commission, in its sole discretion,
determines removal or modification of the improvements is in the best interests of
the state highway system. In the event the Commission decides to remove the
improvements, the City shall not be entitled to a refund of the funds expended by the
City pursuant to this Agreement.
(23) AUTHORITY TO EXECUTE: The signers of this Agreement warrant
that they are acting officially and properly on behalf of their respective institutions
and have been duly authorized, directed and empowered to execute this Agreement.
(24) VOLUNTARY NATURE OF AGREEMENT:
Each party to this
Agreement warrants and certifies that it enters into this transaction and executes this
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Agreement freely and voluntarily and without being in a state of duress or under
threats or coercion.
This Agreement represents the entire
(25) ENTIRE AGREEMENT:
understanding between the parties regarding this subject and supersedes all prior
written or oral communications between the parties regarding this subject.
(26) DURATION: Unless otherwise terminated pursuant to (9) or (16),
above, or through mutual agreement of the parties, this Agreement shall be in effect
for a continuing duration upon execution of this Agreement.
IN WITNESS WHEREOF, the parties have entered into this Agreement on
the date last written below.
Executed by the City this __ day of _ _ _ _ _ , 20_ _
Executed by the Commission this __ day of _ _ _ _ _ _ _ , 20_.
CITY OF CAMDENTON
By_ _ _ _ _ _ _ _ _ _ __
By_ _ _ _ _ _ _ _ _ __
Title._ _ _ _ _ _ _ _ _ _ __
Title_ _ _ _ _ _ _ _ _ __
ATTEST:
ATTEST:
By_ _ _ _ _ _ _ _ _ _
~
Title_ _ _ _ _ _ _ _ _ __
Commission Counsel
Title_ _ _ _ _ _ _ _ _ __
Ordinance Number:
·- - - - - -
-5-
ITEM 9-B: Bill No. 2566-15 - Program and Maintenance Agreement with MoDOT for Phase II
Sidewalk Grant Project (15-03ST)
BACKGROUND:
At their November 4, 2015 meeting the Board authorized staff to apply for financial assistance
for sidewalk construction. On January 9, 2015 the City was officially notified that Phase II had
been selected for funding.
Staff is also seeking Board permission to use MoDOT's On Call Consultant List to select an
engineer for the design and construction inspections of this project. These engineers have
been pre-qualified by MoDOT which saves the City time and money in bidding out these
services. We would select and engineer from the list and begin negotiating fees for these
services. We anticipate selecting Crawford, Murphy, and Tilley (CMT), the firm who designed
the previous portions of the sidewalk project, as the first firm to begin negotiations.
FISCAL IMPACT: $39,840
RECOMMENDATION: Approval of the financial assistance program and maintenance
agreements with MoDOT
APPROVALS:
ORDINANCE NO.
BILL NO. 2566-15
AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN
ALTERNATIVES FUNDS PROGRAM AGREEMENT WITH THE MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION AND SIDEWALK IMPROVEMENT AGREEMENT
(MAINTENANCE AGREEMENT) FOR CONSTRUCTION OF SIDEWALKS - PHASE II
REFERENCED BY PROJECT NUMBER TAP-9900 (529)
WHEREAS, at the November 4, 2015 meeting, the Board of Aldermen authorized staff to apply
for financial assistance for the construction of sidewalks along US Highway 54 from New Route
5 to Old Route 5 (Business Route 5) in the City of Camdenton ; and
THREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
CAMDENTON, MISSOURI AS FOLLOWS:
Section 1. That the Mayor and City Clerk are hereby authorized to enter into an Alternatives
Funds Program Agreement with the Missouri Highways and Transportation Commission and
Sidewalk Improvement Agreement (Maintenance Agreement) for the construction of sidewalks
along US Highway 54, from New Route 5 to Old Route 5 (Business Route 5) in the City of
Camdenton . A copy of the Agreements are attached hereto and made a part thereof, identified
as Exhibit A & B.
Section 2. This Ordinance shall be in full force and in effect from and after its passage by the
repealed.
Read the second time and passed and approved this _ _ day of February 2015.
ATTEST:
CCO Form: FS25
Approved : 04/95 (MGB)
Revised :
01 /15 (MWH)
Modified :
CFDA Number:
CFDA Title:
Award name/number:
Award Year:
Federal Agency:
CFDA #20.205
Highway Planning and Construction
TAP - 9900(529)
2015
Federal Highway Administration , Department of Transportation
TRANSPORTATION ALTERNATIVES FUNDS
PROGRAM AGREEMENT
THIS AGREEMENT is entered into by the Missouri Highways and Transportation
Commission (hereinafter, "Commission") and City of Camdenton (hereinafter, "City").
WITNESSETH :
NOW, THEREFORE , in consideration of the mutual covenants , promises and
representations in this Agreement, the parties agree as follows:
(1)
PURPOSE : The United States Congress has authorized , in 23 U.S.C.
MAP-21 §1122, §101 , §106 and §213, SAFETEA-LU §1404 funds to be used for
transportation alternatives activities. The purpose of this Agreement is to grant the use
of such transportation alternatives funds to the City.
(2)
LOCATION: The transportation alternatives funds which are the subject of
this Agreement are for the project at the following location: Sidewalk along US Highway
54, from New Route 5 to Old Route 5.
The general location of the project is shown on attachment marked "Exhibit A"
and incorporated herein by reference .
REASONABLE PROGRESS POLICY: The project as described in this
(3)
agreement is subject to the reasonable progress policy set forth in the Local Public
Agency (LPA) Manual and the final deadline specified in Exhibit B attached hereto and
incorporated herein by reference. In the event, the LPA Manual and the final deadline
within Exhibit B conflict, the final deadline within Exhibit B controls. I f the project is
within a T ransportation Management Area that has a reasonable progress policy in
place, the project is subject to that policy. If the project is withdrawn for not meeting
reasonable progress, the City agrees to repay the Commission for any progress
payments made to the City for the project and agrees that the Commission may deduct
progress payments made to the City from future payments to the City. The City may not
be eligible for future Transportation Alternatives Funds if the City does not meet the
reasonable progress policy.
(4)
INDEMNIFICATION:
(A)
indemnify and hold harmless the Commission, including its members and the Missouri
Department of Transportation (MoDOT or Department) employees, from any claim or
liability whether based on a c laim for damages to real or personal property or to a
person for any matter relating to or arising out of the City's wrongful or negligent
performance of its obligations under this Agreement.
(B)
1.
To obtain a no cost permit from the Commission 's district
engineer prior to working on the Commission's right-of-way, which shall be signed by an
authorized contractor representative (a permit from the Commission's district engineer
will not be required for work outside of the Commission's right-of-way) ; and
2.
commercial automobile liability insurance from a company authorized to issue insurance
in Missouri, and to name the Commission , and MoDOT and its employees, as additional
named insureds in amounts sufficient to cover the sovereign immunity limits for Missouri
public entities as calculated by the Missouri Department of Insurance, Financial
Institutions and Professional Registration, and published annually in the Missouri
Register pursuant to Section 537.610 , RSMo. The City shall cause insurer to increase
the insurance amounts in accordance with those published annually in the Missouri
Reg ister pursuant to Section 537.610, RSMo.
(C)
In no event shall the language of this Agreement constitute or be
construed as a waiver or limitation for either party's rights or defenses with regard to
each party's applicable sovereign, governmental , or official immunities and protections
as provided by federal and state constitution or law.
(5)
AMENDMENTS: Any change in this Agreement, whether by modification
or supplementation , must be accomplished by a formal contract amendment signed and
approved by the duly authorized representatives of the City and the Commission.
(6)
COMMISSION REPRESENTATIVE: The Commission's District Engineer
is designated as the Commission's representative for the purpose of administering the
provisions of this Agreement. The Commission 's representative may designate by
written notice other persons having the authority to act on behalf of the Commission in
furtherance of the performance of this Agreement.
(7)
NONDISCRIMINATION ASSURANCE:
Agreement, the City agrees as follows :
With regard to work under this
(A)
Civil Rights Statutes: T he City shall comply with all state and
federal statutes relating to nondiscrimination , including but not limited to Title VI and
Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §2000d and §2000e, et
seq.) , as well as any applicable titles of the "Americans with Disabilities Act" (42 U.S .C.
§12101 , et seq.). In addition , if the City is providing services or operating programs on
behalf of the Department or the Commission , it shall comply with all applicable
provisions of Title II of the "Americans with Disabilities Act" .
(B)
Administrative Rules : The City shall comply with the administrative
rules of the United States Department of Transportation relative to nondiscrimination in
federally-assisted programs of the United States Department of Transportation (49
C.F.R. Part 21) which are herein incorporated by reference and made part of this
Agreement.
(C)
Nondiscrimination: The City shall not discriminate on grounds of
the race , color, religion , creed , sex, disability, national origin , age or ancestry of any
individual in the selection and retention of subcontractors, including procurement of
materials and I eases of equipment. The City shall not participate either directly or
indirectly in the discrimination prohibited by 49 C .F.R. §21 .5, including employment
practices.
Solicitations for Subcontracts, Including Procurements of Material
(D)
and Equipment:
These assurances concerning nondiscrimination also apply to
subcontractors and suppliers of the City. T hese apply to all solicitations either by
competitive bidding or negotiation made by the City for work to be performed under a
subcontract including procurement of materials or equipment. E ach potential
subcontractor or supplier shall be notified by the City of the requirements of this
Agreement relative to nondiscrimination on grounds of the race , color, re ligion , creed ,
sex, disability or national origin , age or ancestry of any individual.
(E)
Information and Reports: The City shall provide all information and
reports required by th is Agreement, or orders and instructions issued pursuant thereto ,
and will permit access to its books, reco rds, accounts, other sources of information, and
its facilities as may be determined by the Commission or the United States Department
of Transportation to be necessary to ascertain compliance with other contracts , orders
and instructions. Where any information required of the City is in the exclusive
possession of another who fails or refuses to furnish this information , the City shall so
certify to the Commission or the United States Department of Transportation as
appropriate and shall set forth what efforts it has made to obtain the information.
Sanctions for Noncompliance: In the event the City fails to comply
(F)
with the nondiscrimination provisions of this Agreement, the Commission shall impose
such contract sanctions as it or the United States Department of Transportation may
determine to be appropriate, including but not limited to:
1.
Withholding of payments under this Agreement until the City
complies ; and/or
2.
whole or in part, or both.
Cancellation , termination or suspension of this Agreement, in
(G)
Incorporation of Provisions: The City shall include the provisions of
paragraph (7) of this Agreement in every subcontract, including procurements of
materials and leases of equipment, unless exempted by the statutes, executive order,
administrative rules or instructions issued by the Commission or the United States
Department of Transportation. The City will take such action with respect to any
subcontract or procurement as the Commission or the United States Department of
Transportation may direct as a means of enforcing such provisions, including sanctions
for noncompliance ; provided that in the event the City becomes involved or is
threatened with litigation with a subcontractor or supplier as a result of such direction,
the City may request the United States to enter into such litigation to protect the
interests of the United States.
(8)
ASSIGNMENT: T he City shall not assign , transfer or delegate any
interest in this Agreement without the prior written consent of the Commission .
(9)
LAW OF MISSOURI TO GOVERN : This Agreement shall be construed
according to the laws of the State of Missouri. The City shall comply with all local, state
and federal laws and regulations relating to the performance of this Agreement.
time for a material breach of contractual obligations by providing the City with written
notice of cancellation. S hould the Commission exercise its right to cancel this
Agreement for such reasons , cancellation will become effective upon the date specified
in the notice of cancellation sent to the City.
(11) ACCESS TO RECORDS: The City and its contractors must maintain all
records relating to this Agreement , including but not limited to invoices, payrolls , etc.
These records must be available at no charge to the Federal Highway Administration
(FHWA) and the Commission and/or their designees or representatives during the
period of this Agreement and any extension , and for a period of three (3) years after the
date on which the City receives reimbursement of their final invoice from the
Commission.
(12) ACQUISITION OF RIGHT OF WAY: With respect to the acquisition of
right of way necessary for the completion of the project, City shall acquire any additional
necessary right of way required for th is project and in doing so agrees that it will comply
with all applicable federal laws, rules and regulations , including 42 U .S.C. 4601-4655,
the Uniform Relocation Assistance and Real Property Acquisition Act, as amended and
any regulations promulgated in connection with the Act.
(13) MAINTENANCE OF DEVELOPMENT: The City shall maintain the herein
contemplated improvements without any cost or expense to the Commission. A II
maintenance by the City shall be done for the safety of the general public and the
esthetics of the area. In addition , if any sidewalk or bike trails are constructed on the
Commission's right-of-way pursuant to this Agreement, the City shall inspect and
maintain the sidewalk or bike trails constructed by this project in a condition reasonably
safe to the public and , to the extent allowed by law, shall indemnify and hold the
Commission harmless from any claims arising from the construction and maintenance
of said sidewalk or bike trails. If the City fails to maintain the herein contemplated
improvements, the Commission or its representatives, at the Commission's sole
discretion shall notify the City in writing of the City's failure to maintain the improvement.
If the City continues to fail in maintaining the improvement, the Commission may
remove the herein contemplated improvement whether or not the improvement is
located on the Commission's right of way. Any removal by the Commission shall be at
the sole cost and expense of the City. M aintenance includes but is not limited to
mowing and t rimming between shrubs and other plantings that are part of the
improvement.
(14) PLANS: T he City shall prepare preliminary and f inal plans and
specifications for the herein improvements. T he plans and specifications shall be
submitted to the Commission for the Commission's review and approval.
The
Commission has the discretion to require changes to any plans and specification prior to
any approval by the Commission.
(15) REIMBURSEMENT: The cost of the contemplated improvements will be
borne by the United States Government and by the City as follows:
(A)
Any federal funds for project activities shall only be available for
reimbursement of eligible costs which have been incurred by City. Any costs incurred
by City prior to authorization from FHWA and n otification to proceed from the
Commission are not reimbursable costs. The federal share for this project will be 80
percent not to exceed $199,200. The calculated federal share for seeking federal
reimbursement of participating costs for the herein improvements will be determined by
dividing the total federal funds applied to the project by the total participating costs.
Any costs for the herein improvements which exceed any federal reimbursement or are
not eligible for federal reimbursement shall bet he sole responsibility of City. The
Commission shall not be responsible for any costs associated with the herein
improvement unless specifically identified in this Agreement or subsequent written
amendments.
(16) PROGRESS PAYMENTS : The City may request progress payments be
made for the herein improvements as work progresses but not more than once every
two weeks. Progress payments must be submitted monthly. The City shall repay any
progress payments which involve ineligible costs.
(17) PROMPT PAYMENTS : Progress invoices submitted to MoDOT for
reimbursement more than thirty (30) calendar days after the date of the vendor invoice
shall also include documentation that the vendor was paid in full for the work identified
if! the progress invoice. Examples of proof of payment may include a letter or e-mail
from the vendor, lien waiver or copies of cancelled checks. Reimbursement will not be
made on these submittals until proof of payment is provided. Progress invoices
submitted to MoDOT for reimbursement within thirty (30) calendar days of the date on
the vendor invoice will be processed for reimbursement without proof of payment to the
vendor. If the City has not paid the vendor prior to receiving reimbursement, the City
must pay the vendor within two (2) business days of receipt of funds from MoDOT.
(18) PERMITS: The City shall secure any necessary approvals or permits from
any federal or state agency as required for the completion of the herein improvements.
If th is improvement is on the right of way of the Commission , the City must secure a
permit from the Commission prior to the start of any work on the right of way. The
permits which may be r equired include, but are not limited to, environmental,
architectural, historical or cultural requirements of federal or state law or regulation .
(19) INSPECTION OF IMPROVEMENTS AND RECORDS: The City shall
assure that representatives of the Commission and FHWA shall have the privilege of
inspecting and reviewing the work being done by the City's contractor and subcontractor
on the herein project.
The City shall also assure that its contractor, and all
subcontractors, if any, maintain all books, documents, papers and other evidence
pertaining to costs incurred in connection with the Transportation Alternatives Program
Agreement, and make such materials available at such contractor's office at all
reasonable times at no charge during this Agreement period , and for three (3) years
from the date of final payment under this Agreement, for inspection by the Commission,
FHWA or any authorized representatives of the Federal Government and the State of
Missouri, and copies shall be furnished , upon request, to authorized representatives of
the Commission , State, FHWA, or other Federal agencies.
(20) DISADVANTAGED BUSINESS ENTERPRISES (DBE): The Commission
will advise the City of any required goals for participation by disadvantaged business
enterprises (DBEs) to be included in the City's proposal for the work to be performed .
The City shall submit for Commission approval a DBE goal or plan . The City shall
comply with the plan or goal that is approved by the Commission and all requirements
of 49 C.F.R. Part 26, as amended.
(21) VENUE: It is agreed by the parties that any action at law, suit in equity, or
other judicial proceeding to enforce or construe this Agreement, or regard ing its alleged
breach , shall be instituted only in the Circu it Court of Cole County, Missouri.
(22) NOTICE TO BIDDERS : The City shall notify the prospective bidders that
disadvantaged business enterprises shall be afforded full and affirmative opportunity to
submit bids in response to the invitation and will not be discriminated against on
grounds of race , color, sex, or national origin in consideration for an award .
(23) FINAL AUDIT: The Commission may, in its sole discretion, perform a final
audit of project costs. The United States Government shall re imburse the City, through
the Commission , any monies due. The City shall refund any overpayments as
determined by the final audit.
(24) OMB AUDIT: If the City expend(s) five hundred thousand dollars
($500,000) or more in a year in federal financial assistance it is required to have an
independent annual audit conducted in accordance with OMB Circular A-133. A copy of
the audit report shall be submitted to MoDOT within the earlier of thirty (30) days after
receipt of the auditor's report(s) , or nine (9) months after the end of the audit period.
Subject to the requirements of OMB Circular A-133 , if the City expend(s) less than five
hundred thousand dollars ($500,000) a year, the City may be ex empt from auditing
requirements for that year but records must be available for review or audit by
applicable state and federal authorities.
(25) FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT
OF 2006: The City shall comply with all reporting requirements of the Federal Funding
Accountability and Transparency Act (FFATA) of 2006, as amended. This Agreement is
subject to the award terms within 2 C.F.R. Part 170.
{Remainder of Page Intentionally Left Blank]
IN WITNESS WHEREOF, the parties have entered into th is Agreement on the date last
written below.
Executed by the City this _ _ day of _ _ _ _ _, 20_.
Executed by the Commission this _
_ day of _ _ _ _ ___, 20_
CITY OF CAMDENTON
By _ _ _ _ _ _ _ _ _ __ _ _
Title
Title
ATTEST:
ATTEST:
------------
By - - - -- - - -- -- - Title
Approved as to Form :
Commission Counsel
Title
----------~
Ordinance No
---------
Exhibit A - Location of Project
1,459.1
0
I
729.57
I
1,459.1 Feet
This map is a user generated static output from an Internet mapping site and
is for reference only. Data layers that appear on this map may or may not be
accurate, current, or otherwise reliable.
THIS MAP IS NOT TO BE USED FOR NAVIGATION
Exhibit B - Project Schedule
Project Description: TAP-9900(529) - Sidewalk along US Highway 54, from New Route
5 to Old Route 5.
Task
Date funding is made available or allocated to recipient
Solicitation for Professional Engineering Services (advertised)
EnQineerinQ Services Contract Approved
Preliminary and RiQht-of-Wav Plans Submittal (if Applicable)
Plans, Specifications & Estimate (PS&E) Submittal
Plans, Specifications & Estimate (PS&E) Approval
Advertisement for LettinQ
Bid Opening
Construction Contract Award (REQUIRED)
Date
1/9/2015
2/2/2015
4/1 /20 15
10/1/2015
2/1/2016
3/1/2016
4/1/2016
5/1/2016
6/1/2016
*Note: the dates established in the schedule above will be used in the applicable ESC
between the sponsor agency and consultant firm.
**Schedule dates are approximate as the project schedule will be actively managed and
issues mitigated through the project delivery process. The Award Date deliverable is
not approximate and a Supplemental Agreement is required to modify this date.
Exhibit C - Required Contract Provisions
Federal-Aid Construction Contracts
FHWA-1273 - Revised May 1, 2012
REQUIRED CONTRACT PROVISIONS
FEDERAL-AID CONSTRUCTION CONTRACTS
I.
II.
Ill.
IV.
V.
General
Nondiscrimination
Nonsegregated Facilities
Davis-Bacon and Related Act Provisions
Contract Work Hours and Safety Standards Act
Provisions
VI.
Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX.
Implementation of Clean Air Act and Federal Water
Pollution Control Act
X.
Compliance with Governmentwide Suspension and
Debarment Requirements
XI.
Certification Regarding Use of Contract Funds for
Lobbying
3. A breach of any of the stipulations contained in these
Required Contract Provisions may be sufficient grounds for
withholding of progress payments, withholding of final
payment, termination of the contract, suspension I debarment
or any other action determined to be appropriate by the
contracting agency and FHWA.
4. Selection of Labor: During the performance of this contract,
the contractor shall not use convict labor for any purpose
within the limits of a construction project on a Federal-aid
highway unless it is labor performed by convicts who are on
parole, supervised release, or probation. The term Federal-aid
highway does not include roadways functionally classified as
local roads or rural minor collectors.
ATTACHMENTS
II. NONDISCRIMINATION
A . Employment and Materials Preference for Appalachian
Development Highway System or Appalachian Local Access
Road Contracts (included in Appalachian contracts only)
The provisions of this section related to 23 CFR Part 230 are
applicable to all Federal-aid construction contracts and to all
related construction subcontracts of $10,000 or more. The
provisions of 23 CFR Part 230 are not applicable to material
supply, engineering, or architectural service contracts.
I. GENERAL
1. Form FHWA-1273 must be physically incorporated in each
construction contract funded under Title 23 (excluding
emergency contracts solely intended for debris removal). The
contractor (or subcontractor) must insert this form in each
subcontract and further require its inclusion in all lower tier
and other agreements for supplies or services).
The applicable requirements of Form FHWA-1273 are
incorporated by reference for work done under any purchase
order, rental agreement or agreement for other services. The
prime contractor shall be responsible for compliance by any
subcontractor, lower-tier subcontractor or service provider.
Form FHWA-1273 must be included in all Federal-aid designbuild contracts, in all subcontracts and in lower tier
subcontracts (excluding subcontracts for design services,
purchase orders, rental agreements and other agreements for
supplies or services). The design-builder shall be responsible
for compliance by any subcontractor, lower-tier subcontractor
or service provider.
Contracting agencies may reference Form FHWA-1273 in bid
proposal or request for proposal documents, however, the
Form FHWA-1273 must be physically incorporated (not
referenced) in all contracts, subcontracts and lower-tier
and other agreements for supplies or services related to a
construction contract).
2. Subject to the applicability criteria noted in the following
sections, these contract provisions shall apply to all work
performed on the contract by the contractor's own organization
and with the assistance of workers under the contractor's
immediate superintendence and to all work performed on the
contract by piecework, station work, or by subcontract.
In addition, the contractor and all subcontractors must comply
with the following policies: Executive Order 11246, 41 CFR 60,
29 CFR 1625-1627, Title 23 USC Section 140, the
Rehabilitation Act of 1973, as amended (29 USC 794), Title VI
of the Civil Rights Act of 1964, as amended, and related
regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR
Parts 200, 230, and 633.
The contractor and all subcontractors must comply with: the
requirements of the Equal Opportunity Clause in 41 CFR 601.4(b) and, for all construction contracts exceeding $10,000,
the Standard Federal Equal Employment Opportunity
Construction Contract Specifications in 41 CFR 60-4.3.
Note: The U.S. Department of Labor has exclusive authority to
determine compliance with Executive Order 11246 and the
policies of the Secretary of Labor including 41 CFR 60, and 29
CFR 1625-1627. The contracting agency and the FHWA have
the authority and the responsibility to ensure compliance with
Title 23 USC Section 140, the Rehabilitation Act of 1973, as
amended (29 USC 794), and Title VI of the Civil Rights Act of
1964, as amended, and related regulations including 49 CFR
Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.
The following provision is adopted from 23 CFR 230, Appendix
A, with appropriate revisions to conform to the U.S.
Department of Labor (US DOL) and FHWA requirements.
1. Equal Employment Opportunity: Equal employment
opportunity (EEO) requirements not to discriminate and to take
affirmative action to assure equal opportunity as set forth
under laws, executive orders, rules, regulations (28 CFR 35,
29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27)
and orders of the Secretary of Labor as modified by the
provisions prescribed herein, and imposed pursuant to 23
U.S.C. 140 shall constitute the EEO and specific affirmative
action standards for the contractor's project activities under
this contract. The provisions of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR
35 and 29 CFR 1630 are incorporated by reference in this
contract. In the execution of this contract, the contractor
agrees to comply with the following minimum specific
requirement activities of EEO:
4. Recruitment: When advertising for employees, the
contractor will include in all advertisements for employees the
notation: "An Equal Opportunity Employer." All such
advertisements will be placed in publications having a large
circulation among minorities and women in the area from
which the project work force would normally be derived.
a. The contractor will work with the contracting agency and
the Federal Government to ensure that it has made every
good faith effort to provide equal opportunity with respect to all
of its terms and conditions of employment and in their review
of activities under the contract.
a. The contractor will, unless precluded by a valid
bargaining agreement, conduct systematic and direct
recruitment through public and private employee referral
sources likely to yield qualified minorities and 1NOmen. To
meet this requirement, the contractor will identify sources of
potential minority group employees, and establish w ith such
identified sources procedures whereby minority and women
applicants may be referred to the contractor for employment
consideration.
b. The contractor will accept as its operating policy the
following statement:
"It is the policy of this Company to assure that applicants
are employed, and that employees are treated during
employment, without regard to their race, religion, sex, color,
national origin, age or disability. Such action shall include:
employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or
other forms of compensation; and selection for training,
including apprenticeship, pre-apprenticeship, and/or on-thejob training."
b. In the event the contractor has a valid bargaining
agreement providing for exclusive hiring hall referrals, the
contractor is expected to observe the provisions of that
agreement to the extent that the system meets the contractor's
compliance with EEO contract provisions. \Miere
implementation of such an agreement has the effect of
discriminating against minorities or women, or obligates the
contractor to do the same, such implementation violates
Federal nondiscrimination provisions.
2. EEO Officer: The contractor will designate and make
c. The contractor will encourage its present employees to
refer minorities and women as applicants for employment.
Information and procedures with rega rd to referring such
applicants will be discussed with employees.
known to the contracting officers an EEO Officer who will have
the responsibility for and must be capable of effectively
administering and promoting an active EEO program and who
must be assigned adequate authority and responsibility to do
so.
5. Personnel Actions: Wages, working conditions, and
employee benefits shall be established and administered, and
personnel actions of every type, including hiring, upgrading,
promotion, transfer, demotion, layoff, and termination, shall be
taken without regard to race , color, religion, sex, national
origin, age or disability. The following procedures shall be
followed:
3. Dissemination of Policy: All members of the contractor's
staff who are authorized to hire, supervise, promote, and
discharge employees, or who recommend such action, or who
are substantially involved in such action, will be made fully
cognizant of, and will implement, the contractor's EEO policy
and contractual responsibilities to provide EEO in each grade
and classification of employment. To ensure that the above
agreement will be met, the following actions will be taken as a
minimum:
a. The contractor will conduct periodic inspections of project
sites to insure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
personnel.
a. Periodic meetings of supervisory and personnel office
employees will be conducted before the start of work and then
not less often than once every six months, at which time the
contractor's EEO policy and its implementation will be
reviewed and explained. The meetings will be conducted by
the EEO Officer.
b. The contractor will periodically evaluate the spread of
wages paid within each classification to determine any
evidence of discriminatory wage practices.
c. The contractor will periodically review selected personnel
actions in depth to determine whether there is evidence of
discrimination. \Miere evidence is found, the contractor will
promptly take corrective action. If the review indicates that the
discrimination may extend beyond the actions reviewed, such
corrective action shall include all affected persons.
b. All new supervisory or personnel office employees will be
given a thorough indoctrination by the EEO Officer, covering
all major aspects of the contractor's EEO obligations within
thirty days following their reporting for duty with the contractor.
c. All personnel who are engaged in direct recruitment for
the project will be instructed by the EEO Officer in the
contractor's procedures for locating and hiring minorities and
women.
d. The contractor will promptly investigate all complaints of
alleged discrimination made to the contractor in connection
with its obligations under this contract, will attempt to resolve
such complaints, and will take appropriate corrective action
within a reasonable time. If the investigation indicates that the
discrimination may affect persons other than the complainant,
such corrective action shall include such other persons. Upon
completion of each investigation, the contractor will inform
every complainant of all of their avenues of appeal.
d. Notices and posters setting forth the contractor's EEO
policy will be placed in areas readily accessible to employees,
applicants for employment and potential employees.
e . The contractor's EEO policy and the procedures to
implement such policy will be brought to the attention of
employees by means of meetings, employee handbooks, or
other appropriate means .
6. Training and Promotion:
a. The contractor will assist in locating, qualifying, and
increasing the skills of minorities and women who are
2
with the requirements for and comply with the Americans with
Disabilities Act and all rules and regulations established there
under. Employers must provide reasonable accommodation in
all employment activities unless to do so would cause an
undue hardship.
applicants for employment or current employees. Such efforts
should be aimed at developing full journey level status
employees in the type of trade or job classification involved.
b. Consistent with the contractor's work force requirements
and as permissible under Federal and State regulations , the
contractor shall make full use of training programs, i.e.,
apprenticeship, and on-the-job training programs for the
geographical area of contract performance. In the event a
special provision for training is provided under this contract,
this subparagraph will be superseded as indicated in the
special provision. The contracting agency may reserve
training positions for persons who receive welfare assistance
in accordance with 23 U.S.C. 140(a).
9. Selection of Subcontractors, Procurement of Materials
and Leasing of Equipment: The contractor shall not
discriminate on the grounds of race, color, religion, sex,
national origin, age or disability in the selection and retention
of subcontractors, including procurement of materials and
leases of equipment. The contractor shall take all necessary
and reasonable steps to ensure nondiscrimination in the
administration of this contract.
c. The contractor will advise employees and applicants for
employment of available training programs and entrance
requirements for each.
a. The contractor shall notify all potential subcontractors and
suppliers and lessors of their EEO obligations under this
contract.
d. The contractor will periodically review the training and
promotion potential of employees who are minorities and
women and will encourage eligible employees to apply for
such training and promotion.
b. The contractor will use good faith efforts to ensure
subcontractor compliance with their EEO obligations.
10. Assurance Required by 49 CFR 26.13(b):
7. Unions: If the contractor relies in whole or in part upon
unions as a source of employees, the contractor will use good
faith efforts to obtain the cooperation of such unions to
increase opportunities for minorities and women. Actions by
the contractor, either directly or through a contractor's
association acting as agent, will include the procedures set
forth below:
a. The requirements of 49 CFR Part 26 and the State
OOrs U.S. DOT-approved DBE program are incorporated by
reference.
b. The contractor or subcontractor shall not discriminate on
the basis of race, color, national origin, or sex in the
performance of this contract. The contractor shall carry out
applicable requirements of 49 CFR Part 26 in the award and
administration of DOT-assisted contracts. Failure by the
contractor to carry out these requirements is a material breach
of this contract, which may result in the termination of this
contract or such other remedy as the contracting agency
deems appropriate.
a. The contractor will use good faith efforts to develop, in
cooperation with the unions, joint training programs aimed
toward qualifying more minorities and women for membership
in the unions and increasing the skills of minorities and women
so that they may qualify for higher paying employment.
b. The contractor will use good faith efforts to incorporate an
EEO clause into each union agreement to the end that such
union will be contractually bound to refer applicants without
regard to their race, color, religion, sex, national origin, age or
disability.
11. Records and Reports: The contractor shall keep such
records as necessary to document compliance with the EEO
requirements. Such records shall be retained for a period of
three years following the date of the final payment to the
contractor for all contract work and shall be available at
reasonable times and places for inspection by authorized
representatives of the contracting agency and the FHWA.
c. The contractor is to obtain information as to the referral
practices and policies of the labor union except that to the
extent such information is within the exclusive possession of
the labor union and such labor union refuses to furnish such
information to the contractor, the contractor shall so certify to
the contracting agency and shall set forth what efforts have
been made to obtain such information.
a. The records kept by the contractor shall document the
following:
(1) The number and work hours of minority and nonminority group members and women employed in each work
classification on the project;
d. In the event the union is unable to provide the contractor
with a reasonable flow of referrals within the time limit set forth
in the collective bargaining agreement, the contractor will,
through independent recruitment efforts, fill the employment
vacancies without regard to race, color, religion, sex, national
origin, age or disability; making full efforts to obtain qualified
and/or qualifiable minorities and women. The failure of a union
to provide sufficient referrals (even though it is obligated to
provide exclusive referrals under the terms of a collective
bargaining agreement) does not relieve the contractor from the
requirements of this paragraph. In the event the union referral
practice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and these
special provisions, such contractor shall immediately notify the
contracting agency.
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment
opportunities for minorities and women; and
(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minorities and women;
b. The contractors and subcontractors will submit an annual
report to the contracting agency each July for the duration of
the project, indicating the number of minority, women, and
non-minority group employees currently engaged in each work
classification required by the contract work. This information is
to be reported on Form FHW.A -1391 . The staffing data should
represent the project work force on board in all or any part of
the last payroll period preceding the end of July. If on-the-job
training is being required by special provision, the contractor
8. Reasonable Acconvnodation for Applicants I
Employees with Disabilities: The contractor must be familiar
3
will be required to collect and report training data. The
employment data should reflect the work force on board during
all or any part of the last payroll period preceding the end of
July.
of paragraph 1.d . of this section; also, regular contributions
made or costs incurred for more than a weekly period (but not
less often than quarterly) under plans, funds, or programs
which cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate
wage rate and fringe benefits on the wage determination for
the classification of work actually performed, without regard to
skill, except as provided in 29 CFR 5.5(a)(4). Laborers or
mechanics performing work in more than one classification
may be compensated at the rate specified for each
classification for the time actually worked therein : Provided,
That the employer's payroll records accurately set forth the
time spent in each classification in which work is performed.
The wage determination (including any additional classification
and wage rates conformed under paragraph 1.b. of this
section) and the Davis-Bacon poster (WH-1321) shall be
posted at all times by the contractor and its subcontractors at
the site of the work in a prominent and accessible place where
it can be easily seen by the workers.
Ill. NONSEGREGATED FACILITIES
contracts and to all related construction subcontracts of
$10,000 or more.
The contractor must ensure that facilities provided for
employees are provided in such a manner that segregation on
the basis of race, color, religion, sex, or national origin cannot
result. The contractor may neither require such segregated
use by written or oral policies nor tolerate such use by
employee custom. The contractor's obligation extends further
to ensure that its employees are not assigned to perform their
services at any location, under the contractor's control, where
the facilities are segregated. The term "facilities" includes
waiting rooms, work areas, restaurants and other eating areas,
time clocks, restrooms, washrooms, locker rooms, and other
storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing
provided for employees. The contractor shall provide separate
or single-user restrooms and necessary dressing or sleeping
areas to assure privacy between sexes.
b. (1) The contracting officer shall require that any class of
laborers or mechanics, including helpers, which is not listed in
the wage determination and which is to be employed under the
contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an
additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
IV. DAVIS-BACON AND RELATED ACT PROVISIONS
(i) The work to be performed by the classification
requested is not performed by a classification in the wage
determination; and
This section is applicable to all Federal-aid construction
projects exceeding $2,000 and to all related subcontracts and
lower-tier subcontracts (regardless of subcontract size). The
requirements apply to all projects located within the right-ofway of a roadway that is functionally classified as Federal-aid
highway. This excludes roadways functionally classified as
local roads or rural minor collectors, which are exempt.
Contracting agencies may elect to apply these requirements to
other projects.
(ii) The classification is utilized in the area by the
construction industry; and
(iii) The proposed wage rate, including any bona fide
fringe benefits, bears a reasonable relationship to the
wage rates contained in the wage determination.
(2) If the contractor and the laborers and mechanics to be
employed in the classification (if known), or their
representatives, and the contracting officer agree on the
designated for fringe benefits where appropriate), a report of
the action taken shall be sent by the contracting officer to the
Administrator of the Wage and Hour Division, Employment
Standards Administration, U.S . Department of Labor,
Washington, DC 20210. The Administrator, or an authorized
representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and
so advise the contracting officer or will notify the contracting
officer within the 30-day period that additional time is
necessary.
The following provisions are from the U.S. Department of
Labor regulations in 29 CFR 5.5 "Contract provisions and
related matters• with minor revisions to conform to the FHWA1273 format and FHWA program requirements.
1. Minimllll wages
a. All laborers and mechanics employed or working upon
the site of the work, will be paid unconditionally and not less
often than once a week, and without subsequent deduction or
rebate on any account (except suclh payroll deductions as are
permitted by regulations issued by the Secretary of Labor
under the Copeland Act (29 CFR part 3)), the full amount of
wages and bona fide fringe benefits (or cash equivalents
thereof) due at time of payment computed at rates not less
than those contained in the wage determination of the
Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may
be alleged to exist between the contractor and such laborers
and mechanics.
(3) In the event the contractor, the laborers or mechanics
to be employed in the classification or their representatives,
and the contracting officer do not agree on the proposed
designated for fringe benefits, where appropriate), the
contracting officer shall refer the questions, including the
views of all interested parties and the recommendation of the
contracting officer, to the Wage and Hour Administrator for
determination. The Wage and Hour Administrator, or an
authorized representative, will issue a determination within
30 days of receipt and so advise the contracting officer or
Contributions made or costs reasonably anticipated for bona
fide fringe benefits under section 1 (b)(2) of the Davis-Bacon
Act on behalf of laborers or mechanics are considered wages
paid to such laborers or mechanics, subject to the provisions
4
Bacon Act, the contractor shall maintain records which show
that the commitment to provide such benefits is enforceable,
that the plan or program is financially responsible, and that the
plan or program has been communicated in writing to the
laborers or mechanics affected, and records which show the
costs anticipated or the actual cost incurred in providing such
benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the
applicable programs.
will notify the contracting officer within the 30-day period that
additional time is necessary.
( 4) The wage rate (including fringe benefits where
appropriate) determined pursuant to paragraphs 1.b.(2) or
1.b.(3) of this section, shall be paid to all workers perfonning
work in the classification under this contract from the first
day on which work is performed in the classification.
c. Whenever the minimum wage rate prescribed in the
contract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the contractor
shall either pay the benefit as stated in the wage determination
or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
b. (1) The contractor shall submit weekly for each week in
which any contract work is performed a copy of all payrolls to
the contracting agency. The payrolls submitted shall set out
accurately and completely all of the information required to be
maintained under 29 CFR 5.5(a)(3)(i), except that full social
security numbers and home addresses shall not be included
on weekly transmittals. Instead the payrolls shall only need to
include an individually identifying number for each employee (
e.g. , the last four digits of the employee's social security
number). The required weekly payroll information may be
submitted in any form desired. Optional Form WH-347 is
available for this purpose from the Wage and Hour Division
Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm
or its successor site. The prime contractor is responsible for
the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social
security number and current address of each covered worker,
and shall provide them upon request to the contracting agency
for transmission to the State DOT, the FHWA or the Wage and
Hour Division of the Department of Labor for purposes of an
investigation or audit of compliance with prevailing wage
requirements. It is not a violation of this section for a prime
contractor to require a subcontractor to provide addresses and
social security numbers to the prime contractor for its own
records, without weekly submission to the contracting agency..
d . If the contractor does not make payments to a trustee or
other third person, the contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs
reasonably anticipated in providing bona fide fringe benefits
under a plan or program, Provided, That the Secretary of
Labor has found, upon the written request of the contractor,
that the applicable standards of the Davis-Bacon Act have
been met. The Secretary of Labor may require the contractor
to set aside in a separate account assets for the meeting of
obligations under the plan or program.
2. Withholding
The contracting agency shall upon its own action or upon
written request of an authorized representative of the
Department of Labor, withhold or cause to be withheld from
the contractor under this contract, or any other Federal
contract with the same prime contractor, or any other federallyassisted contract subject to Davis-Bacon prevailing wage
requirements, which is held by the same prime contractor, so
much of the accrued payments or advances as may be
considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the
contractor or any subcontractor the full amount of wages
required by the contract. In the event of failure to pay any
laborer or mechanic, including any apprentice, trainee, or
helper, employed or working on the site of the work, all or part
of the wages required by the contract, the contracting agency
may, after written notice to the contractor, take such action as
may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such violations
have ceased .
(2) Each payroll submitted shall be accompanied by a
"Statement of Compliance," signed by the contractor or
subcontractor or his or her agent who pays or supervises the
payment of the persons employed under the contract and shall
certify the following:
(i) That the payroll for the payroll period contains the
information required to be provided under §5.5 (a)(3)(ii) of
Regulations, 29 CFR part 5, the appropriate information is
being maintained under §5.5 (a)(3)rn of Regulations, 29
CFR part 5, and that such information is correct and
complete;
3. Payrolls and basic records
(ii) That each laborer or mechanic (including each
helper, apprentice, and trainee) employed on the contract
during the payroll period has been paid the full weekly
wages earned, without rebate, either directly or indirectly,
and that no deductions have been made either directly or
indirectly from the full wages earned, other than
permissible deductions as set forth in Regulations, 29 CFR
part 3;
a. Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work and
preserved for a period of three years thereafter for all laborers
and mechanics working at the site of the work. Such records
shall contain the name, address, and social security number of
each such worker, his or her correct classification, hourly rates
of wages paid (including rates of contributions or costs
anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in section 1(b)(2)(B) of the
Davis-Bacon Act), daily and weekly number of hours worked,
deductions made and actual wages paid. Whenever the
Secretary of Labor has found under 29 CFR 5.5(a)(1 )(iv) that
the wages of any laborer or mechanic include the amount of
any costs reasonably anticipated in providing benefits under a
plan or program described in section 1(b)(2)(B) of the Davis-
(iii) That each laborer or mechanic has been paid not
less than the applicable wage rates and fringe benefits or
cash equivalents for the classification of work performed,
as specified in the applicable wage determination
incorporated into the contract.
5
(3) The weekly submission of a properly executed
certification set forth on the reverse side of Optional Form
WH-347 shall satisfy the requirement for submission of the
"Statement of Compliance" required by paragraph 3.b.(2) of
this section.
rate specified in the applicable wage determination.
Apprentices sha ll be paid fringe benefits in accordance with
the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits
listed on the wage determination for the applicable
classification. If the Administrator determines that a different
practice prevails for the applicable apprentice classification,
fringes shall be paid in accordance with that determination.
(4) The falsification of any of the above certifications may
subject the contractor or subcontractor to civil or criminal
prosecution under section 1001 of title 18 and section 231 of
title 31 of the United States Code.
In the event the Office of Apprenticeship Training, Employer
and Labor Services, or a State Apprenticeship Agency
recognized by the Office, withdraws approval of an
apprenticeship program, the contractor will no longer be
permitted to utilize apprentices at less than the applicable
predetermined rate for the work performed until an acceptable
program is approved.
c. The contractor or subcontractor shall make the records
required under paragraph 3.a. of this section available for
inspection, copying, or transcription by authorized
representatives of the contracting agency, the State DOT, the
FHWA, or the Department of Labor, and shall permit such
representatives to interview employees during working hours
on the job. If the contractor or subcontractor fails to submit the
required records or to make them available, the FHWA may,
after written notice to the contractor, the contracting agency or
the State DOT, take such action as may be necessary to
cause the suspension of any further payment, advance, or
guarantee of funds. Furthermore, failure to submit the required
records upon request or to make such records available may
be grounds for debarment action pursuant to 29 CFR 5.12.
b. Trainees (programs of the USDOL).
Except as provided in 29 CFR 5.16, trainees will not be
permitted to work at less than the predetermined rate for the
work performed unless they are employed pursuant to and
individually registered in a program which has received prior
approval, evidenced by formal certification by the U.S.
Department of Labor, Employment and Training
Administration.
4. Apprentices and trainees
The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the
Employment and Training Administration.
a. Apprentices (programs of the USDOL).
Apprentices will be permitted to work at less than the
predetermined rate for the work they performed when they are
employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of
Labor, Employment and Training Administration, Office of
Apprenticeship Training, Employer and Labor Services, or with
a State Apprenticeship Agency recognized by the Office, or if a
person is employed in his or her first 90 days of probationary
employment as an apprentice in such an apprenticeship
program, who is not individually registered in the program, but
who has been certified by the Office of Apprenticeship
Training, Employer and Labor Services or a State
Apprenticeship Agency (where appropriate) to be eligible for
probationary employment as an apprentice.
Every trainee must be paid at not less than the rate specified
in the approved program for the trainee's level of progress,
expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees shall
be paid fringe benefits in accordance with the provisions of the
trainee program. If the trainee program does not mention
fringe benefits, trainees shall be paid the full amount of fringe
benefits listed on the wage determination unless the
Administrator of the Wage and Hour Division determines that
there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits
for apprentices. Any employee listed on the payroll at a trainee
rate who is not registered and participating in a training plan
approved by the Employment and Training Administration shall
be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed.
In addition, any trainee performing work on the job site in
excess of the ratio permitted under the registered program
shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed.
The allowable ratio of apprentices to journeymen on the job
site in any craft classification shall not be greater than the ratio
permitted to the contractor as to the entire work force under
the registered program. Any worker listed on a payroll at an
apprentice wage rate, who is not registered or otherwise
employed as stated above, shall be paid not less than the
applicable wage rate on the wage determination forthe
classification of work actually performed. In addition, any
apprentice performing work on the job site in excess of the
ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination
for the work actually performed. IM'lere a contractor is
performing construction on a project in a locality other than
that in which its program Is registered, the ratios and wage
rates (expressed in percentages of the journeyman's hourly
rate) specified in the contractor's or subcontractor's registered
program shall be observed.
In the event the Employment and Training Administration
withdraws approval of a training program, the contractor will no
longer be permitted to utilize trainees at less than the
applicable predetermined rate for the work performed until an
acceptable program is approved.
c. Equal employment opportunity. The utilization of
apprentices, trainees and journeymen under this part shall be
in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended, and 29
CFR part 30.
Every apprentice must be paid at not less than the rate
specified in the registered program for the apprentice's level of
progress, expressed as a percentage of the journeymen hour1y
6
d . Apprentices and Trainees (programs of the U.S. DOT).
V. CONTRACT WORK HOURS AND SAFETY
STANDARDS ACT
Apprentices and trainees working under apprenticeship and
skill training programs which have been certified by the
Secretary of Transportation as promoting EEO in connection
with Federal-aid highway construction programs are not
subject to the requirements of paragraph 4 of this Section IV.
The straight time hourly wage rates for apprentices and
trainees under such programs will be established by the
particular programs. The ratio of apprentices and trainees to
journeymen shall not be greater than permitted by the terms of
the particular program.
The following clauses apply to any Federal-a id construction
contract in an amount in excess of $100,000 and subject to the
overtime provisions of the Contract Work Hours and Safety
Standards Act. These clauses shall be inserted in addition to
the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As
used in this paragraph, the terms laborers and mechanics
include watchmen and guards.
5. Compliance with Copeland Act requirements. The
contractor shall comply with the requirements of 29 CFR part
3, which are incorporated by reference in this contract.
1. Overtime requirements. No contractor or subcontractor
contracting for any part of the contract work which may require
or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any
workweek in which he or she is employed on such work to
work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less
than one and one-halftimes the basic rate of pay for all hours
worked in excess of forty hours in such workweek.
Form FHWA-1273 in any subcontracts and also require the
subcontractors to include Form FHWA-1273 in any lower tier
subcontracts. The prime contractor shall be responsible for the
with all the contract clauses in 29 CFR 5 .5 .
2. Violation; liability for unpaid wages; liquidated
damages. In the event of any violation of the clause set forth
in paragraph (1 .) of this section, the contractor and any
subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such contractor and subcontractor
shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such
District or to such territory), for liquidated damages. Such
liquidated damages shall be computed with respect to each
individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in
paragraph (1.) of this section, in the sum of $10 for each
calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the
clause set forth in paragraph (1 .) of this section.
7. Contract termination: debannent. A breach of the
contract clauses in 29 CFR 5.5 may be grounds for termination
of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5 .12.
8 . Compliance with Davis-Bacon and Related Act
requirements. All rulings and interpretations of the DavisBacon and Related Acts contained in 29 CFR parts 1, 3, and 5
are herein incorporated by reference in this contract.
9. Disputes concerning labor standards. Disputes arising
out of the labor standards provisions of this contract shall not
be subject to the general disputes clause of this contract. Such
disputes shall be resolved in accordance with the procedures
of the Department of Labor set forth in 29 CFR parts 5, 6, and
7 . Disputes within the meaning of this clause include disputes
between the contractor (or any of its subcontractors) and the
contracting agency, the U.S. Department of Labor, or the
employees or their representatives.
3. Withholding for unpai d wages and liquidated damages.
The FHWA or the contacting agency shall upon its own action
or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from
any moneys payable on account of work performed by the
contractor or subcontractor under any such contract or any
other Federal contract with the same prime contractor, or any
other federally-assisted contract subject to the Contract Work
Hours and Safety Standards Act, which is held by the same
prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or
subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (2.) of this
section.
10. Certification of eligibility.
a. By entering into this contract, the contractor certifies that
neither it (nor he or she) nor any person or firm who has an
interest in the contractors firm is a person or firm ineligible to
be awarded Government contracts by virtue of section 3(a) of
the Davis-Bacon Act or 29 CFR 5.12(a)(1 ).
b. No part of this contract shall be subcontracted to any person
or firm ineligible for award of a Government contract by virtue
of section 3(a) of the Davis-Bacon Act or29 CFR 5.12(a)(1).
in any subcontracts the clauses set forth in paragraph (1 .)
through (4.) of this section and also a clause requiring the
subcontractors to include these clauses in any lower tier
subcontracts. The prime contractor shall be responsible for
with the clauses set forth in paragraphs (1 .) through (4.) of this
section.
c. The penalty for making false statements is prescribed in the
U.S. Criminal Code, 18U.S.C . 1001 .
7
evidenced in writing and that it contains all pertinent provisions
and requirements of the prime contract.
VI. SUBLETTING OR ASSIGNING THE CONTRACT
contracts on the National Highway System.
5. The 30% self-performance requirement of paragraph (1) is
not applicable to design-build contracts; however, contracting
agencies may establish their own self-performance
requirements.
1. The contractor shall perform with its own organization
contract work amounting to not less than 30 percent (or a
greater percentage if specified elsewhere in the contract) of
the total original contract price, excluding any specialty items
designated by the contracting agency. Specialty items may be
performed by subcontract and the amount of any such
specialty items performed may be deducted from the total
original contract price before computing the amount of work
required to be performed by the contractor's own organization
(23 CFR 635.116).
VII. SAFETY: ACCIDENT PREVENTION
1. In the performance of this contract the contractor shall
comply with all applicable Federal, State, and local laws
governing safety, health, and sanitation (23 CFR 635). The
contractor shall provide all safeguards, safety devices and
protective equipment and take any other needed actions as it
determines, or as the contracting officer may determine, to be
reasonably necessary to protect the life and health of
employees on the job and the safety of the public and to
protect property in connection with the performance of the
work covered by the contract.
a. The term "perform work with its own organization" refers
to workers employed or leased by the prime contractor, and
equipment owned or rented by the prime contractor, with or
without operators. Such term does not include employees or
equipment of a subcontractor or lower tier subcontractor,
agents of the prime contractor, or any other assignees. The
term may include payments for the costs of hiring leased
employees from an employee leasing firm meeting all relevant
Federal and State regulatory requirements. Leased
employees may only be included in this term if the prime
contractor meets all of the following conditions:
2. It is a condition of this contract, and shall be made a
condition of each subcontract, which the contractor enters into
pursuant to this contract, that the contractor and any
subcontractor shall not permit any employee, in performance
of the contract, to work in surroundings or under conditions
which are unsanitary, hazardous or dangerous to his/her
health or safety, as determined under construction safety and
health standards (29 CFR 1926) promulgated by the Secretary
of Labor, in accordance with Section 107 of the Contract Work
Hours and Safety Standards Act (40 U.S.C. 3704).
(1) the prime contractor maintains control over the
supervision of the day-to-day activities of the leased
employees;
(2) the prime contractor remains responsible for the quality
of the work of the leased employees;
(3) the prime contractor retains all power to accept or
exclude individual employees from work on the project; and
(4) the prime contractor remains ultimately responsible for
the payment of predetermined minimum wages, the
submission of payrolls, statements of compliance and all
other Federal regulatory requirements.
3. Pursuant to 29 CFR 1926.3, it is a condition of this contract
that the Secretary of Labor or authorized representative
thereof, shall have right of entry to any site of contract
performance to inspect or investigate the matter of compliance
with the construction safety and health standards and to carry
out the duties of the Secretary under Section 107 of the
Contract Work Hours and Safety Standards Act ( 40
U.S.C.3704).
b. "Specialty Items" shall be construed to be limited to work
that requires highly specialized knowledge, abilities, or
equipment not ordinarily available in the type of contracting
organizations qualified and expected to bid or propose on the
contract as a whole and in general are to be limited to minor
components of the overall contract.
VIII. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
2. The contract amount upon which the requirements set forth
in paragraph (1) of Section VI is computed includes the cost of
material and manufactured products which are to be
purchased or produced by the contractor under the contract
provisions.
In order to assure high quality and durable construction in
conformity with approved plans and specifications and a high
degree of reliability on statements and representations made
by engineers, contractors, suppliers, and workers on Federalaid highway projects, it is essential that all persons concerned
with the project perform their functions as carefully, thoroughly,
and honestly as possible. Vvlllful falsification, distortion, or
misrepresentation with respect to any facts related to the
project is a violation of Federal law. To prevent any
misunderstanding regarding the seriousness of these and
similar acts, Form FHWA-1022 shall be posted on each
Federal-aid highway project (23 CFR 635) in one or more
places where it is readily available to all persons concerned
with the project:
3 . The contractor shall furnish (a) a competent superintendent
or supervisor who is employed by the firm, has full authority to
direct performance of the work in accordance with the contract
requirements, and is in charge of all construction operations
(regardless of who performs the work) and (b) such other of its
own organizational resources (supervision, management, and
engineering services) as the contracting officer determines is
necessary to assure the performance of the contract.
4. No portion of the contract shall be sublet, assigned or
otherwise disposed of except with the written consent of the
contracting officer, or authorized representative, and such
consent when given shall not be construed to relieve the
contractor of any responsibility for the fulfillment of the
contract. Written consent will be given only after the
contracting agency has assured that each subcontract is
18 U.S.C. 1020 reads as follows:
8
"\Nhoever, being an officer, agent , or employee of the United
States, or of any State or Territory, or whoever, whether a
person, association, firm, or corporation, knowingly makes any
false statement, false representation, or false report as to the
character, quality, quantity, or cost of the material used or to
be used, or the quantity or quality of the work performed or to
be performed, or the cost thereof in connection with the
submission of plans, maps, specifications, contracts, or costs
of construction on any highway or related project submitted for
approval to the Secretary of Transportation; or
covered transaction. The prospective first tier participant shall
submit an explanation of why it cannot provide the certification
set out below. The certification or explanation will be
considered in connection with the department or agency's
determination whether to enter into this transaction. However,
failure of the prospective first tier participant to furnish a
certification or an explanation shall disqualify such a person
from participation in this transaction.
c. The certification in this clause is a material representation
of fact upon which reliance was placed when the contracting
agency determined to enter into this transaction. If it is later
determined that the prospective participant knowingly rendered
an erroneous certification, in addition to other remedies
available to the Federal Government, the contracting agency
may terminate this transaction for cause of default.
Whoever knowingly makes any false statement, false
representation, false report or false claim with respect to the
character, quality, quantity, or cost of any work performed or to
be performed, or materials furnished or to be furnished, in
connection with the construction of any highway or related
project approved by the Secretary of Transportation; or
d. The prospective first tier participant shall provide
immediate written notice to the contracting agency to whom
this proposal is submitted if any time the prospective first tier
participant learns that its certification was erroneous when
submitted or has become erroneous by reason of changed
circumstances.
Whoever knowingly makes any false statement or false
representation as to material fact in any statement, certificate,
or report submitted pursuant to provisions of the Federal-aid
Roads Act approved July 1, 1916, (39 Stat. 355), as amended
and supplemented;
Shall be fined under this title or imprisoned not more than 5
years or both."
e. The terms "covered transaction," "debarred,''
"suspended," "ineligible," "participant," "person,'' "principal,"
and "voluntarily excluded," as used in this clause, are defined
in 2 CFR Parts 180 and 1200. "First Tier Covered
Transactions" refers to any covered transaction between a
grantee or subgrantee of Federal funds and a participant (such
as the prime or general contract). "Lower Tier Covered
Transactions" refers to any covered transaction under a First
Tier Covered Transaction (such as subcontracts). "First Tier
Participant" refers to the participant who has entered into a
covered transaction with a grantee or subgrantee of Federal
funds (such as the prime or general contractor). "Lower Tier
IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL
WATER POLLUTION CONTROL ACT
contracts and to all related subcontracts.
By submission of this bid/proposal or the execution of this
contract, or subcontract, as appropriate, the bidder, proposer,
Federal-aid construction contractor, or subcontractor, as
appropriate, will be deemed to have stipulated as follows:
1. That any person who is or will be utilized in the
performance of this contract is not prohibited from receiving an
award due to a violation of Section 508 of the Clean Water Act
or Section 306 of the Clean Air Act.
2. That the contractor agrees to include or cause to be
included the requirements of paragraph (1) of this Section X in
every subcontract, and further agrees to take such action as
the contracting agency may direct as a means of enforcing
such requirements.
f. The prospective first tier participant agrees by submitting
this proposal that, should the proposed covered transaction be
entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred,
suspended, declared ineligible, or voluntarily excluded from
participation in this covered transaction, unless authorized by
the department or agency entering into this transaction.
g. The prospective first tier participant further agrees by
submitting this proposal that it will include the clause titled
and Voluntary Exclusion-Lower Tier Covered Transactions,"
provided by the department or contracting agency, entering
into this covered transaction, without modification, in all lower
tier covered transactions and in all solicitations for lower tier
covered transactions exceeding the $25,000 threshold.
X. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
contracts, design-build contracts, subcontracts, lower-tier
subcontracts, purchase orders, lease agreements, consultant
contracts or any other covered transaction requiring FHWA
approval or that is estimated to cost $25,000 or more - as
defined in 2 CFR Parts 180 and 1200.
h. A participant in a covered transaction may rely upon a
Parties List System website (httos://wNW.epls.qo•/), which is
1. Instructions for Certification - First Tier Participants:
first tier participant is providing the certification set out below.
b. The inability of a person to provide the certification set out
below will not necessarily result in denial of participation in this
9
i. Nothing contained in the foregoing shall be construed to
require the establishment of a system of records in order to
render in good faith the certification required by this clause.
The knowledge and information of the prospective participant
is not required to exceed that which is normally possessed by
a prudent person in the ordinary course of business dealings.
this transaction originated may pursue available remedies,
including suspension and/or debarment.
c . The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant
learns that its certification was erroneous by reason of
changed circumstances.
j. Except for transactions authorized under paragraph (f) of
department or agency may terminate this transaction for cause
or default.
d. The terms "covered transaction," "debarred,''
and ''voluntarily excluded,'' as used in this clause, are defined
in 2 CFR Parts 180 and 1200. You may contact the person to
which this proposal is submitted for assistance in obtaining a
copy of those regulations. "First Tier Covered Transactions"
refers to any covered transaction between a grantee or
subgrantee of Federal funds and a participant (such as the
prime or general contract). "Lower Tier Covered Transactions"
refers to any covered transaction under a First Tier Covered
Transaction (such as subcontracts). "First Tier Participant"
refers to the participant who has entered into a covered
transaction with a grantee or subgrantee of Federal funds
(such as the prime or general contractor). "Lower Tier
2. Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion - First Tier
Participants:
a. The prospective first tier participant certifies to the best of
its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal
department or agency;
e. The prospective lower tier participant agrees by
submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into
any lower tier covered transaction with a person who is
debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless
authorized by the department or agency with which this
transaction originated.
proposal been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing
a public (Federal, State or local) transaction or contract under
a public transaction; violation of Federal or State antitrust
statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
f. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
and Voluntary Exclusion-Lower Tier Covered Transaction,"
without modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions exceeding
the $25,000 threshold .
(3) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State or
local) with commission of any of the offenses enumerated in
paragraph (a)(2) of this certification; and
g. A participant in a covered transaction may rely upon a
Parties List System website (https://w.vw.epls.gov1), which is
complied by the General Services Administration.
application/proposal had one or more public transactions
(Federal, State or local) terminated for cause or default.
b. Vlhlere the prospective participant is unable to certify to
any of the statements in this certification, such prospective
participant shall attach an explanation to this proposal.
2. Instructions for Certification - Lower Tier Participants:
(Applicable to all subcontracts, purchase orders and other
lower tier transactions requiring prior FHWA approval or
estimated to cost $25,000 or more - 2 CFR Parts 180 and
h. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render
in good faith the certification required by this clause. The
knowledge and information of participant is not required to
exceed that which is normally possessed by a prudent person
in the ordinary course of business dealings.
1200)
a . By signing and submitting this proposal, the prospective
lower tier is providing the certification set out below.
b . The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction
was entered into. If it is later determined that the prospective
lower tier participant knowingly rendered an erroneous
certification, in addition to other remedies available to the
Federal Government, the department, or agency with which
i. Except for transactions authorized under paragraph e of
10
department or agency with which this transaction originated
may pursue available remedies, including suspension and/or
debarment.
Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion--Lower Tier
Participants:
1. The prospective lower tier participant certifies, by
submission of this proposal, that neither it nor its principals is
presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from participating in
covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to
certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this
proposal.
XI. CERTIFICATION REGARDING USE OF CONTRACT
FUNDS FOR LOBBYING
contracts and to all related subcontracts which exceed
$100,000 (49 CFR 20).
1. The prospective participant certifies, by signing and
submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
a. No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, t o any person for
influencing or attempting to influence an officer or employee of
any Federal agency, a Member of Congress, an officer or
employee of Congress, or an employee of a Member of
Congress in connection with the awarding of any Federal
contract, the making of a ny Federal grant, the making of any
Federal loan , the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or
cooperative agreement.
b. If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
2. This certification is a material representation of fact upon
which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite
for making or entering into this transaction imposed by 31
U.S.C. 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
3. The prospective participant also agrees by submitting its
bid or proposal that the participant shall require that the
language of this certification be included in all lower tier
subcontracts, which exceed $100,000 and that all such
recipients shall certify and disclose accordingly .
11
ATTACHMENT A - EMPLOYMENT AND MATERIALS
PREFERENCE FOR APPALACHIAN DEVELOPMENT
HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS
ROAD CONTRACTS
This provision is applicable to all Federal-aid projects funded
under the Appalachian Regional Development Act of 1965.
6. The contractor shall include the provisions of Sections 1
through 4 of this Attachment A in every subcontract for work
which is, or reasonably may be, done as on-site 'NOrk.
1. During the performance of this contract, the contractor
undertaking to do work which is, or reasonably may be, done
as on-site work, shall give preference to qualified persons who
regularly reside in the labor area as designated by the DOL
wherein the contract work is situated, or the subregion, or the
Appalachian counties of the State wherein the contract work is
situated, except:
a. To the extent that qualified persons regularly residing in
the area are not available.
b. For the reasonable needs of the contractor to employ
supervisory or specially experienced personnel necessary to
assure an efficient execution of the contract 'NOrk.
c. For the obligation of the contractor to offer employment to
present or former employees as the result of a lawful collective
bargaining contract, provided that the number of nonresident
persons employed under this subparagraph (1 c) shall not
exceed 20 percent of the total number of employees employed
by the contractor on the contract work, except as provided in
subparagraph (4) below.
2. The contractor shall place a job order with the State
Employment Service indicating (a) the classifications of the
laborers, mechanics and other employees required to perform
the contract work, (b) the number of employees required in
each classification, (c) the date on which the participant
estimates such employees will be required, and (d) any other
pertinent information required by the state Employment
Service to complete the job order form. The job order may be
placed with the State Employment Service in writing or by
telephone. If during the course of the contract work, the
information submitted by the contractor in the original job order
is substantially modified, the participant shall promptly notify
the State Employment Service.
3. The contractor shall give full consideration to all qualified
job applicants referred to him by the State Employment
Service. The contractor is not required to grant employment to
any job applicants who , in his opinion, are not qualified to
perform the classification of work required.
4. If, within one week following the placing of a job order by
the contractor with the State Employment Service, the State
Employment Service is unable to refer any qualified job
applicants to the contractor, or less than the number
requested, the State Employment Service will forward a
certificate to the contractor indicating the unavailability of
applicants. Such certificate shall be made a part of the
contractor's permanent project records. Upon receipt of this
certificate, the contractor may employ persons who do not
normally reside in the labor area to fill positions covered by the
certificate, notwithstanding the provisions of subparagraph (1c)
above.
5. The provisions of23 CFR 633.207(e) allow the
contracting agency to provide a contractual preference for the
use of mineral resource materials native to the Appalachian
region.
12
CCO Form: MT17
12/07 (BDG)
Approved:
02/11 (ASB)
Revised:
Modified:
SIDEWALK IMPROVEMENTS AGREEMENT
THIS AGREEMENT is made and entered into by and between the Missouri
Highways and Transportation Commission (hereinafter, "Commission"), whose
address is P.O. Box 270, 105 W. Capitol, Jefferson City, Missouri 65102, and the
City of Camdenton, Missouri (hereinafter, "City"), whose address is 437 W US
Highway 54, Camdenton, Missouri 65020.
WITNNESSETH:
WHEREAS, the Commission owns and operates, as part of the State
Highway System, US Highway 54 located within the City limits in Camden County;
and
WHEREAS, the City is desirous of performing certain tasks related to the
installation and maintenance of sidewalk improvements within the City limits.
representations contained in this Agreement, the parties agree as follows:
(1)
PROPOSAL: The City proposes and the Commission will allow the
installation, including maintenance, of sidewalk improvements on Commission rightof-way as provided in this Agreement.
(2)
LOCATION: The general location of the sidewalk improvements to be
installed and maintained pursuant to this Agreement is along US Highway 54, west
of New Route 5 to Old Route 5 per project TAP-9900(529).
(3)
COSTS: All costs associated with the construction of the proposed
sidewalk improvements, including, but not limited to, signing, traffic signals, and
traffic control during construction, will be borne entirely by the City, with no cost
incurred by the Commission.
(4)
PLANS: The City shall have detailed plans prepared at no cost to the
Commission, which are to be submitted to the Commission's District Engineer for the
Commission's review and approval. The Commission's District Engineer, in his/her
sole discretion, may require modifications to the plans prior to approving the plans.
TRAFFIC CONTROL DEVICES: All pavement marking, signs, and
(5)
traffic signals installed with the proposed improvements shall be in accordance with
-1 -
the latest revision of the Manual on Uniform Traffic Control Devices for Streets and
Highways.
(6)
RELOCATION: The City shall secure the removal , relocation or
adjustment of any public or private utilities located on private easements or public
right-of way, if the construction of the herein contemplated improvements so
required , without cost to the Commission.
(7)
INSPECTION: The City will allow inspection of the construction and
maintenance activities of the herein contemplated improvements by the
Commission's District Engineer, or his authorized representative, at any time and
shall take no attempts to prevent said inspection. Within thirty (30) days following
notice by the City to the Commission that construction is complete, the Commission
will inspect the work to determine that it is acceptable. The sidewalk improvements
will not be placed in operation until the Commission authorizes.
(8)
INDEMNIFICATION:
(A)
indemnify and hold harmless the Commission, including its members and
department employees, from any claim or liability whether based on a claim for
damages to real or personal property or to a person for any matter relating to or
arising out of the City's wrongful or negligent performance of its obligations under
this Agreement.
(B)
(1)
To obtain a no cost permit from the Commission's district
engineer prior to working on the Commission's right-of-way, which shall be signed by
an authorized contractor representative (a permit from the Commission's district
engineer will not be required for work outside of the Commission's right-of-way); and
(2)
commercial automobile liability insurance from a company authorized to issue
insurance in Missouri, and to name the Commission, and the Missouri Department of
Transportation and its employees, as additional named insureds in amounts
sufficient to cover the sovereign immunity limits for Missouri public entities ($500,000
per claimant and $3,000,000 per occurrence) as calculated by the Missouri
Department of Insurance, Financial Institutions and Professional Registration, and
published annually in the Missouri Register pursuant to Section 537.610, RSMo.
(C)
In no event shall the language of this Agreement constitute or
be construed as a waiver or limitation for either party's rights or defenses with regard
to each party's applicable sovereign, governmental, or official immunities and
protections as provided by federal and state constitution or law.
-2-
(9)
OWNERSHIP AND MAINTENANCE:
All improvements made
pursuant to this Agreement within the state-owned right-of-way shall become the
Commission's property. The City, at its sole cost and expense, is responsible for
maintaining all sidewalks constructed or installed pursuant to this Agreement in fully
operational, safe and aesthetically acceptable condition. All future alterations,
modifications, or maintenance of the sidewalk improvements will be the
responsibility of the City. Maintenance by the City will include, but is not limited to,
crack repair, patching holes, removing litter, debris, trash, and leaves, and removal
of snow and ice (through methods approved by the Commission). All sidewalks
constructed pursuant to this Agreement shall be maintained in a condition safe for
use of the sidewalks by the general public at all times. If the City fails to maintain
the sidewalks in a safe condition, the Commission may cancel this Agreement and
remove the sidewalks from Commission right of way or the Commission may
maintain the sidewalks at the City's cost and expense.
(10) PERMITS: Before beginning work, the City shall secure from the
Commission's District Engineer a permit for the proposed improvement. The City
shall comply with any additional conditions placed on the permit by the Commission.
(11) BOND: The City shall secure sufficient bond, as determined by the
Commission's District Engineer or his authorized representative, for the construction
of the proposed improvement on Commission right-of-way.
(12) CONSTRUCTION OF IMPROVEMENTS: All construction of the
proposed improvements shall be according to the latest editions of the Missouri
Highways and Transportation Commission's Standard Specifications for Highway
Construction , Standard Plans for Highway Construction, and the Missouri
Department of Transportation's Approved Products List for Traffic Signals and
Highway Lighting.
(13) AMENDMENTS:
Any change in this Agreement, whether by
modification or supplementation, must be accomplished by a formal contract
amendment signed and approved by the duly authorized representative of the City
and the Commission.
(14) ASSIGNMENT: The City shall not assign, transfer or delegate any
interest in this Agreement without the prior written consent of the Commission.
(15) AUDIT OF RECORDS: The City must maintain all records relating to
this Agreement, including but not limited to invoices, payrolls, etc. These records
must be available at all reasonable times at no charge to the Commission and/or its
designees or representatives during the period of this Agreement and any extension
thereof, and for three (3) years from the date of final payment made under this
Agreement.
-3-
time for a material breach of contractual obligations or for convenience by providing
the City with written notice of cancellation. Should the Commission exercise its right
to cancel the contract for such reasons, cancellation will become effective upon the
date specified in the notice of cancellation sent to the City.
This Agreement shall be
(17) LAW OF MISSOURI TO GOVERN:
construed according to the laws of the state of Missouri. The City shall comply with
all local, state and federal laws and regulations relating to the performance of this
Agreement.
(18) MISSOURI NONDISCRIMINATION CLAUSE: The City shall comply
with all state and federal statutes applicable to City relating to nondiscrimination,
including, but not limited to, Chapter 213, RSMo; Title VI and Title VII of the Civil
Rights Act of 1964 as amended (42 U.S.C. Sections 2000d and 2000e, et seq.); and
with any provision of the "Americans with Disabilities Act" (42 U.S.C. Section 12101 ,
et seq.).
(19) VENUE: It is agreed by the parties that any action at law, suit in
equity, or other judicial proceeding to enforce or construe this Agreement, or
regarding its alleged breach, shall be instituted only in the Circuit Court of Cole
County, Missouri.
(20) SECTION HEADINGS:
All section headings contained in this
Agreement are for the convenience of reference only and are not intended to define
or limit the scope of any provision of this Agreement.
(21) SOLE BENEFICIARY: This Agreement is made for the sole benefit of
the parties hereto and nothing in this Agreement shall be construed to give any
rights or benefits to anyone other than the Commission and the City.
By constructing and maintaining the sidewalk
(22) NO INTEREST:
improvements on Commission right of way, the City gains no interest in Commission
right-of-way whatsoever. The Commission shall not be obligated to keep the
constructed improvements in place if the Commission, in its sole discretion,
determines removal or modification of the improvements is in the best interests of
the state highway system. In the event the Commission decides to remove the
improvements, the City shall not be entitled to a refund of the funds expended by the
City pursuant to this Agreement.
(23) AUTHORITY TO EXECUTE: The signers of this Agreement warrant
that they are acting officially and properly on behalf of their respective institutions
and have been duly authorized, directed and empowered to execute this Agreement.
(24) VOLUNTARY NATURE OF AGREEMENT:
Each party to this
Agreement warrants and certifies that it enters into this transaction and executes this
-4-
Agreement freely and voluntarily and without being in a state of duress or under
threats or coercion.
(25) ENTIRE AGREEMENT: This Agreement represents the entire
understanding between the parties regarding this subject and supersedes all prior
written or oral communications between the parties regarding this subject.
(26) DURATION: Unless otherwise terminated pursuant to (9) or (16),
above, or through mutual agreement of the parties, this Agreement shall be in effect
for a continuing duration upon execution of this Agreement.
IN WITNESS WHEREOF, the parties have entered into this Agreement on
the date last written below.
Executed by the City this __ day of _ _ _ _ _ , 20_ _
Executed by the Commission this __ day of _ _ _ _ _ _ _ , 20_.
CITY OF CAMDENTON
By_ _ _ _ _ _ _ _ _ _ __
By_ _ _ _ _ _ _ _ _ __
Title_ _ _ _ _ _ _ _ _ _ __
Title_ _ _ _ _ _ _ _ _ __
ATTEST:
ATTEST:
By_ _ _ _ _ _ _ _ _ __
Title_ _ _ _ _ _ _ _ _ __
Commission Counsel
Title
-----------
Ordinance Number:- - - - - -
-5-
FEBRUARY 3, 2015 - BOARD OF ALDERMEN MEETING
ITEM 9-C: Bill No. 2567-15 - Request to Execute the Contract Agreement between the City of
Camdenton and A PAC-MO, Inc. for the Asphalt Overlay Project for the Tennis Courts in
Camdenton Community Park.
BACKGROUND:
The tennis court surface replacement project requires that asphalt preparation work be completed
before the new surface can be applied. A request for bids was let out to the community in late
December describing the asphalt overlay project. Two companies submitted bids, Sundance
Construction & Remodeling in the amount of $39,330 and APAC-MO, Inc. in the amount of
$57,258.05. In performing the due diligence review of each bid it was found that Sundance
Construction has no experience in hot mix asphalt construction, this would be their first such job.
APAC-MO, Inc. has a long history within the industry, and experience specific to tennis court
projects. Such projects present a unique set of circumstances during construction that require a
level of skill only acquired through experience.
FISCAL IMPACT:
Funding for this project is accounted for in the budget for this fiscal year (2015).
RECOMMENDATION:
It is in the best interest of the city that the work be performed by someone with the level of skill
and experience which insures the success and quality of the project. Therefore, it is the
recommendation of staff that due to the fact APAC-MO, Inc. has extensive experience in
performing the work specified, and Sundance Construction has none, that the City of
Camdenton execute the contract agreement with APAC-MO, Inc. for the asphalt overlay project
for the tennis courts in Camdenton Community Park.
APPROVALS:
DATE: January 28, 2015
ncock, City Administrator, ICMA-CM
BILL NO. 2567-15
ORDINANCE NO.
AN ORDINANCE TO AWARD THE BID AND AUTHORIZE THE MAYOR AND CITY CLERK ON
BEHALF OF THE CITY OF CAMDENTON TO ENTER INTO A CONTRACT AGREEMENT WITH APACMO, INC. FOR THE ASPHALT OVERLAY PROJECT FOR THE TENNIS COURTS IN THE CAMDENTON
COMMUNITY PARK
WHEREAS, on January 22, 2015, bids for the asphalt overlay project for the tennis courts were
opened; and
WHEREAS, staff recommends to award the bid to APAC-MO, Inc. as the lowest and best bid.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF CAMDENTON, MISSOURI, AS
FOLLOWS:
Section 1. That the Mayor and City Clerk on behalf of the City of Camdenton is hereby
authorized to execute the contract agreement between the City of Camdenton and APAC-MO,
Inc. for the asphalt overlay project for the tennis courts in the Camdenton Community Park. A
copy of the contract agreement is attached hereto and made a part of this Ordinance, identified
as Exhibit A.
Section 2. This Ordinance shall be in full force and effect from and after its passage by the Board
of Aldermen and approval by the Mayor.
repealed.
Read the second time and duly passed and approved this __ day of February 2015.
John D. M cNabb, Mayor
ATIEST:
Exhibit A - Bill No. 2567-15
TENNIS COURT ASPHALT OVERLAY
CONTRACT AGREEMENT
THIS AGREEMENT, made and entered into this 3 day of February 2015, by and between the City of
Camdenton, Camdenton, Missouri, Party of the First Part and hereinafter called the Owner, and APAC-MO,
Inc., Party of the Second Part and hereinafter called the Contractor.
WITNESSETH:
THAT WHEREAS, the Owner has caused to be prepared, in accordance with law, specifications and other
Contract Documents for the work herein described, and has approved and adopted said documents, and has
caused to be published an advertisement for and in connection with the construction of the Tennis Court
Overlay Project- 2015 in complete accord with the Contract Documents and said specifications; and
WHEREAS, the said Contractor, in response to such advertisement, has submitted to the Owner, in the
manner and at the time specified, a sealed proposal in accordance with the terms of said advertisement; and
WHEREAS, the Owner, in the manner prescribed by law, has publicly opened examined and canvassed the
proposals submitted in response to the published invitation therefore, and as a result of such canvasses has
determined and declared the aforesaid Contractor to be the lowest and/or best bidder for the said work and
has duly awarded to the said Contractor a contract therefore, for the sum or sums named in the Contractor's
proposal, a copy thereof being attached to and made a part of this Contract,
NOW THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual
agreement therein contained, the parties to these present have agreed and hereby agree, the Owner for itself
and its successors, and the Contractor for itself, himself, or themselves, or its, his or their successors and
assigns, or its, his or their executors and administrators, as follows:
ARTICLE I. That the Contractor shall (a) furnish all tools, equipment, supplies, superintendence,
transportation, and other construction accessories, services, and facilities; (b) furnish all materials, supplies,
and equipment specified and required to be incorporated in and form a permanent part of the completed work
except the items specified to be furnished by the Owner; (c) provide and perform all necessary labor; and (d) in
a good substantial, and workmanlike manner and in accordance with the General Conditions and the Special
Conditions of the Contract, which are attached hereto and made a part hereof, and in conformity with the
Contract Specifications designated and identified therein, execute, construct, and complete all work included in
and covered by the Owner's official award of this Contract to the said Contractor, such award being based on
the acceptance by the Owner of the Contractor's proposal, for the construction of the Tennis Court Overlay
Project - 2015.
ARTICLE II. That the Contractor shall construct and complete the work designated and described in the
foregoing proposal and attached specifications in accordance with the Notice to Bidders, Instruction to Bidders,
Proposal, Bond, General Conditions, Special Conditions, Detailed Specifications, Drawings, Addenda, and
other component parts of the Contract Documents hereto attached, all of which form the Contract and are as
fully a part hereto as if repeated verbatim herein.
CA-1
Exhibit A - Bill No. 2567-15
ARTICLE Ill. That the Owner shall pay to the Contractor for the performance of work described as follows:
Tennis Court Overlay Project- 2015 to include, but not to be limited to milling the existing surface 2 inches,
removal and proper disposal of all resulting debris, preparation and laying of a petromat, then an overlay of a
2" hot-mix surface grade asphalt.
The Contractor will accept as full compensation therefore, the sum (subject to adjustment as provided by the
Contract) of Fifty Seven Thousand Two Hundred Fifty Eight and 05/100 Dollars ($57,258.05) for all work
covered by and included in the contract award and designated in the foregoing Article I. Payment therefore
shall be made in the manner in the General Conditions attached hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the day and year first above
written.
City of Camdenton, a Municipal Corporation
Owner, Party of the First Part
ATTEST:
Renee Kingston , City Clerk, MRCC
(SEAL)
John McNabb, Mayor
CONTRACTOR
(Secretary)
State of Missouri
County of Camden
On this
day of
, 2015, before me appeared to me personally
known, who, being by me duly sworn, did say that he/she is the
of APAC-MO,
Inc. and s a i d - - - - - - - - - -- - - - - acknowledged said instrument to be his/her free act
and deed.
(SEAL)
Notary Public
My commission expires:_ _ _ _ _ _ _ _ _ __
FEBRUARY 3, 2015 MAYOR AND BOARD OF ALDERMEN
ITEM 9-D: Bill No. 2568-15 - Request to Execute the Contract Agreement between the City of
Camdenton and Frazier Davis Construction Company for the Resurfacing & Lining Project for
the Tennis Courts in Camdenton Community Park.
BACKGROUND:
The tennis court surface replacement project requires a new surface consisting of two coats of
resurface material, two coats of a color finish and the striping of boundary lines be applied. New
nets & straps will be installed and any net sleeves and posts found deficient will be replaced. A
request for bids was let out to the community in late December describing these requirements of
the project. Three companies submitted bids as listed below. In performing the due diligence
review of each submittal it was found that all three companies are capable of performing the work
with the level of skill and experience necessary to ensure a successful end to the project.
Frazier Davis Construction - $14,447
Gerald Perry Tennis Co.-
$19 ,200
McConnell & Associates -
$29,083
FISCAL IMPACT:
Funding for this project is accounted for in the budget for this fiscal year (2015).
RECOMMENDATION:
It is the recommendation of staff that the City of Camdenton execute the contract agreement with
Frazier Davis Construction Company for the tennis court resurfacing & lining project for the tennis
courts in Camdenton City Park.
APPROVALS:
BILL NO. 2568-15
ORDINANCE NO.
AN ORDINANCE TO AWARD THE BID AND AUTHORIZE THE MAYOR AND CITY CLERK ON
BEHALF OF THE CITY OF CAMDENTON TO ENTER INTO A CONTRACT AGREEMENT WITH
FRAZIER DAVIS CONSTRUCTION COMPANY FOR THE RESURFACING & LINING PROJECT FOR
THE TENNIS COURTS IN THE CAMDENTON COMMUNITY PARK
WHEREAS, on January 22, 2015, bids for the resurfacing & lining project for the tennis courts
were opened; and
WHEREAS, staff recommends to award the bid to Frazier Davis Construction Company as the
lowest and best bid.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF CAMDENTON, MISSOURI, AS
FOLLOWS:
Section 1. That the Mayor and City Clerk on behalf of the City of Camdenton is hereby
authorized to execute the contract agreement between the City of Camdenton and Frazier Davis
Construction Company for the resurfacing & lining project for the tennis courts in the
Camdenton Community Park. A copy of the contract agreement is attached hereto and made a
part of this Ordinance, identified as Exhibit A.
Section 2. This Ordinance shall be in full force and effect from and after its passage by the Board
of Aldermen and approval by the Mayor.
repealed.
Read the first time this __ day of February 2105.
Read the second time and duly passed and approved this __ day of February 2015.
ATIEST:
Exhibit A- Bill No, 2568-15
TENNIS COURT SURFACING & LINING PROJECT - 2015
CONTRACT AGREEMENT
THIS AGREEMENT, made and entered into this 3 day of February, 2015, by and between the City of
Camdenton, Camdenton, Missouri, Party of the First Part and hereinafter called the Owner, and Frazier Davis
Construction Company, Party of the Second Part and hereinafter called the Contractor.
WITNESSETH:
THAT WHEREAS, the Owner has caused to be prepared, in accordance with law, specifications and other
Contract Documents for the work herein described, and has approved and adopted said documents, and has
caused to be published an advertisement for and in connection with the construction of the Tennis Court
Surfacing & Lining Project-2015 in complete accord with the Contract Documents and said specifications;
and
WHEREAS, the said Contractor, in response to such advertisement, has submitted to the Owner, in the
manner and at the time specified, a sealed proposal in accordance with the terms of said advertisement; and
WHEREAS, the Owner, in the manner prescribed by law, has publicly opened examined and canvassed the
proposals submitted in response to the published invitation therefore, and as a result of such canvasses has
determined and declared the aforesaid Contractor to be the lowest and/or best bidder for the said work and
has duly awarded to the said Contractor a contract therefore, for the sum or sums named in the Contractor's
proposal , a copy thereof being attached to and made a part of this Contract,
NOW THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual
agreement therein contained, the parties to these present have agreed and hereby agree, the Owner for itself
and its successors, and the Contractor for itself, himself, or themselves, or its, his or their successors and
assigns, or its, his or their executors and administrators, as follows:
ARTICLE I. That the Contractor shall (a) furnish all tools , equipment, supplies, superintendence,
transportation , and other construction accessories, services, and facilities; (b) furnish all materials, supplies ,
and equipment specified and required to be incorporated in and form a permanent part of the completed work
except the items specified to be furnished by the Owner; (c) provide and perform all necessary labor; and (d) in
a good substantial, and workmanlike manner and in accordance with the General Conditions and the Special
Conditions of the Contract, which are attached hereto and made a part hereof, and in conformity with the
Contract Specifications designated and identified therein , execute, construct, and complete all work included in
and covered by the Owner's official award of this Contract to the said Contractor, such award being based on
the acceptance by the Owner of the Contractor's proposal, for the construction of the Tennis Court Surfacing &
Lining Project - 2015.
ARTICLE II. That the Contractor shall construct and complete the work designated and described in the
foregoing proposal and attached specifications in accordance with the Notice to Bidders, Instruction to Bidders,
Proposal, Bond, General Conditions, Special Conditions, Detailed Specifications, Drawings, Addenda, and
other component parts of the Contract Documents hereto attached, all of which form the Contract and are as
fully a part hereto as if repeated verbatim herein.
CA-1
Exhibit A- Bill No, 2568-15
ARTICLE Ill. That the Owner shall pay to the Contractor for the performance of work described as follows:
Tennis Court Surfacing & Lining Project-2015 to include, but not to be limited to surfacing and lining a newly
laid asphalt pad by applying two coats of acrylic resurfacer, two coats of color, lining; installation of new nets
and center straps. In addition, existing net post sleeves and net posts will be evaluated and replaced as
necessary.
The Contractor will accept as full compensation therefore, the sum (subject to adjustment as provided by the
Contract) of Fourteen Thousand Four Hundred Forty-Seven and 00/100 Dollars ($14,447.00) for all work
covered by and included in the contract award and designated in the foregoing Article I. Payment therefore
shall be made in the manner in the General Conditions attached hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the day and year first above
written .
ATTEST:
City of Camdenton, a Municipal Corporation
Owner, Party of the First Part
John McNabb, Mayor
(SEAL)
CONTRACTOR
(Secretary)
State of Missouri
County of Camden
On this ____ day of _ _ _ _ _ _ _ _ _ _ _ _ , 2015, before me appeared to me personally
known, who, being by me duly sworn, did say that he/she is t h e - - - - - - - - - - - of Frazier Davis
Construction Company and said
acknowledged said instrument to
be his/her free act and deed.
(SEAL)
Notary Public
My commission expires: - - - - - - - - - - - -
ITEM 11-A: Mayor's Citizen Appointments to Boards and Committees
BACKGROUND:
The City's boards and committees play a vital role in helping the City operate. It takes many
volunteers to keep these committees and boards functioning. Jack Dunn has submitted his
resignation from the Planning and Zoning Commission effective immediately. Mayor McNabb is
recommending Eric Faes to fill the unexpired term of Jack Dunn (June 30, 2016).
FISCAL IMPACT:
None
RECOMMENDATION:
Approval of the Mayor's appointments.
APPROVALS:
Prepaid Vouchers
Jan-15
VENDOR
AT&T
DESCRIPTION
AMOUNT
Administration
Police
Fire
Park
Sewer
Airport
Street
Pool
$
243.00
249.08
111.05
33.00
32.99
37.31
32.99
69.87
809.29
AT&T
Internet/Street
$
60.00
AT&T
Internet/Pool
$
55.00
AT&T Mobility
Monthly Air Card Fee/Police
$
273.66
Bankcard
TV Cables,LORDEC, MEDC
Meetings/Admin 2 Humidifiers/PD 5
Background Checks/Fire
$
302.39
Bankcard
Spring Institute, 2 Registrants/Adm
$
690.00
C.A.D.V.
CADV Remittance
$
76.00
Carolyn S. Jones
Building Cleaning/Admin/Police
$
625.00
Cenex Fleet Card
(Vehicle Fuel)
Administration
Airport
Cemetary
Fire
Park
Police
Sewer
Street
Water
$
143.51
0.00
0.00
112.88
245.57
1575.01
449.66
631.49
298.46
3,456.58
Charter Communications
Internet Service/Admin/Fire/PD
$
422.93
Charter Communication
Internet Services/Sewer
$
54.99
Data Comm Inc
Copier Lease/Fire
$
84.60
Data Comm Inc
Computer Monitoring/Admin/PD
$
866.00
Farm Plan
Wheelbarrow/Park
$
119.99
G.E. Capital
Copier Lease/Police
$
135.00
Laclede Electric Coop
Final Bills,Old City Hall & Butler Bldg
$
11.00
SUBTOTAL
$
8,042.43
Prepaid Vouchers
Jan-15
VENDOR
Laclede Electric Coop
DESCRIPTION
BALANCE BROUGHT FORWARD
AMOUNT
$
Administration
Police
Fire
Park
Well
Sewer
Street
Street Lights
Airport
Aquatic Center
8,042.43
1003.09
979.09
463.00
216.00
5379.00
6177.28
522.00
4229.00
674.93
376.00
$
20,019.39
Land O'Lakes lnsurors
Bond Renewal/Admin Liability
Insurance/Airport
$
2,050.00
MACA Treasurer
Bldg Dept Membership Dues/Admin
$
25.00
Mail Finance
Postage Meter Lease/Admin/Water
$
132.47
MO Dept of Natural Resources
Sludge Holding Basin Permit!WWTP
$
3,000.00
MO Dept. of Revenue
CVC Remittance
$
290.73
MO Dept. of Revenue
Spinal Cord Injury Fund
$
25.00
MO Dept. of Revenue
Title for 2 Vehicles/Police
$
22.00
MO Municipal League
Membership Dues/Admin
$
771 .80
MOGFOA
Finance Officer Training/Ad min
$
95.00
Petty Cash
Reimburse Petty Cash/Admin
$
21 .75
Petty Cash
Reimburse Petty Cash/Police
$
30.64
Postmaster
Water Bills All Cycles
$
417.24
Public Water Dist #2
Treatment Plant, Airport Office, G
hangar
$
27.72
Sakelaris Ford Lincoln
2 SUV's/Police/Street
$
52,562.00
State of MO Treasurer
POST Remittance
$
42.12
Wright Express FSC
(Vehicle Fuel)
Administration
Cemetary
Fire
Park
Police
Sewer
Street
Water
Totals
0.00
0.00
0.00
0.00
199.95
0.00
0.00
0.00
$
$
199.95
87,775.24
1-27-2015
A/ P PAYMENT REGISTER
9 : 17 AM
PACKET:
03711 Regular Paymencs
.°ENDOR SET:
01
PA";E:
22
-SUMMARYT 0 T A L S
F U N D
FUND NO#
D I S T R I B UT I 0 N
FUND NAME
AMOUNT
l(,
GENERAL FUND
20
WATER,' SEWER O&M FUND
48, 281. 27CR
8,386.04CR
3v
TRJ\NSPORT;.TI ON FUND
36,2o7.57CR
so
SP RV/\:AP I MP Tl.X FUND
4,047.73CR
* * TOTALS **
96,972.61CR
---- TYPE OF CHECK TOTALS - - - GROSS
NUMBER
BALANCE
HAND CHECKS
DRAFTS
0.00
0 . 00
0.00
0.00
0.00
0 . 00
0.00
0.00
96, 972.61
REG - CHECKS
0. 00
0.00
0.00
0.00
0.00
0 . 00
0. 00
0 . 00
0.00
NON-CHECKS
96,972.61
96,972.61
TOTAL CHECKS TO PRINT :
66
ERRORS:
0
WARNINGS:
96 ,972.61 CR
96 , 972 .6 1
EFT
ALL CHECKS
PAYMENT
0
OUTSTANDING
DISCOUNT
96,972 . 61CR
0.00
0 .00
0 . 00
0 . 00
0.00
0.00
0 . 00
1-27-2015
9:17 AM
A/P PAYMENT REGISTER
PACKET:
03711 Regular Payments
VENDOR SET:
01
PAGE:
1
""ENDOR SEQUENCE
""ENOOR
01 -1018
ITEM NO#
A
&
DESCRIPTION
BANK
CHECK
STAT
DUE
DT
GROSS
DISC DT
BALANCE
l/31.'2015
400.00
PUMP SCREW PUrtP GRIT CHAMBE 99
R
20
511-0774
400.00CR
400.00
G/L ACCOUNT
LI FT STATION.'TREAT PLANT
VENDOR TOTALS
400 . 00
PUMP SCREW PUMP GRIT CHAMBER,'W
REG . CHECK
400.00
400. 00CR
400.00
0 . 00
0 . 00
A-B RENTAL & SALES
I 50597
2
CLA!1P~,
l " HOSE/WWTP
99
R
1/31/201 5
3 . 00
20
511-0610
3.00CR
3 . 00
G/L ACCOUNT
MATERIALS & SUPPLIES
3.00
2 CLAllPS,l " HOSE/WWTP
..
REG. CHECK
VENDOR TOTALS
01- 1673
OUTSTANDING
DISCOUNT
A SEPTIC PU!tPING SERVIC
I 136(3
01-0017
PAYMENT
3.00
3.00CR
3.00
0.00
0.00
AUTO ZONE
I 4442540897
5 BAGS OIL DRY/FIRE
99
R
25.00
l/31.'2015
G/L ACCOUNT
10
I 4442540905
503-061 0
SUPPLIES & MATERIALS
5 BAGS OIL DRY.'STREET
25.00
R
99
1/31/2015
I 4442540920
520 - 0610
5 BAGS OI L DRY/PARK
I 444254 3825
551-0530
25 . 00
R
99
1/31/20 15
I 4442544138
VEHICLE REPAIRS/MAINTENANCE
R
25 . 00
l / 31 ' 2015
I 4442544625
36 . 92
R
1/31/201 5
'"ENOOR TOTALS
23.65CR
23.65
REPnIRS.'MAINTENANCE
CARGO LAMP, FORD TRUCK/WATER 9 J
51 0-0530
10 PUl1ICE HAND CLEANERS/FI RE
2:.65
23.65
R
1/3 1 /2015
REAR BRAKE PhDS,CPW#5/STREET
8.98
G/L hCCOUNT
20
36.92CR
36 . 92
REAR BR.<\KE PADS,CPW#5/STREE 99
520-0530
5 BAGS OIL DRY.'PARK
36.92
G/L ACCOUNT
30
25.00CR
25.00
10 PUl!ICE HAND CLEANERS/FIR 99
503-0610
5 BAGS OIL DRY/STREET
25. 00
G/L ACCOUNT
10
25 . 00CR
25.00
G,' L ACCOUNT
50
5 BAGS OIL DRY; FIRE
25 . 00
G/L A:COUNT
30
25 . 00CR
25.00
8.98CR
8.n
REPAIRS/MAINTENANCE
REG. CHECK
8 . )8
CARGO LAMP, FO?.D TRUCK,'WATER
144.55
144.55CR
144.55
0.00
0 . 00
1-27-2015
9 : 17 AM
PACKET :
..ENDOR SET:
01
PAGE:
2
':ENDOR SEQUENCE
VENDOR
01-0122
ITEM NO#
DESCRIPTION
BANK
CHECK
STAT
DUE
DT
GROSS
DISC DT
BALANCE
1 ,' 31/ 2015
996. 55
4 TIRES,NEW RADIATOR,PD3/PO 99
R
G/ L ACCOUNT
10
502 - 0530
RE PAIRS.'MAINTENANCE
996.55
REG. CHECK
4 TIRES,NEW RADIATOR ,PD3/ POLIC
996.55
:·96. 55CR
996.55
0 . 00
177.47
177.47CR
0 . 00
BLEDSOE CONOCO SER-.-ICE
PD 9 SVC TRANNY,BRAKES,SHOC 99
I 96898
R
1/31/2015
G.'L ACCOUNT
10
I 96962
502- 0530
177.47
REPAIRS/MAINTENANCE
FIX PITMAN,IDLER ARM,CPW 4," 99
177 . 47
R
1/31/ 2015
30
520-05 30
PD 9 SVC TRANNY,BRAKES,SHCCKS/
356.Bl
G/L ACCOUNT
356.BlCR
356.Bl
REPAIRS/MAINTENANCE
VENDOR TOTALS
356.81
REG . CHECK
FIX PITMAN.IDLER .i'.RM,CPW 4/STR
534.28
534 . 2RCR
534.28
0.00
120.00
120 . 00CR
0 . 00
BOUND TREE MEDICAL LLC
I 81613912
1 TRAUMA KIT/PO LICE
99
R
1/31/2015
G/L ACCOUNT
10
502-0770
120.00
CONTINGENCIES
VENDOR TOTALS
01-1061
996.55CR
996 . 55
" ENDOR TOTALS
01- 1 545
OUTSTANDING
BIG 0 TI RES
I 025013 -697 73
01- 0 655
PAYMENT
DISCOUNT
120.00
REG. CHECK
1 TRAUMA KI T/POLICE
120.00
12 0 . 00CR
120 . 00
0 . 00
0.00
BRADFORD SYSTEMS
I 23030-1
ANNUAL NET LABELS FEE/ POLIC
~9
R
1/31/2015
71. 00
G/L ACCOUNT
10
502-0440
VENDJR TOTALS
71 . OOCR
71. 00
REG. CHECK
71.00
ANNUAL NET LABELS FEE/POLICE
71.00
71. 00
71 . OOCR
0 .00
0 . 00
1-27-2015
9:17 AM
A/P PAYIIENT REGISTER
PhCKET:
VENDOR SET:
01
PAGE:
3
VENDOR SEQUENCE
VEND.JR
ITEi ! NO#
DESCRIPTI ON
BANK
CHECK
STAT
DUE
OT
DISC OT
01-0687
GROSS
PAYllENT
BALANCE
DISCOUNT
CAMDEN COUNTY TREASURER
I 022015-l!onthl:
DISPATCH FEES/POLICE/ FIRE
99
R
5, 038.97
2/ 01/ 2015
G/L ACCOUNT
10
502-0750
DISPATCHING
4, 376 . 95
DIS PATCH FEES/F OLICE/FIRE
10
503-0750
DISPATCHING
662.02
DISPl<TCH FEES.'POLICE/FIRE
REG. CHECK
5,038. 37
S,038.97
2 BAGS
DO~
FO?D'POLICE
99
R
l .'Jl/2015
65.98
0 . 00
0 . 00
10
502-0670
65.9 8CR
65. )8
G/ L ACCOUNT
CANINE EXPENSE
-"ENDOR TOTALS
65.98
REG. CHECK
2 BAGS D.:lG FOOD/ P".:lLICE
65.98
65. 98CP.
65.98
0.00
117. 51
ll7. 51CR
0 . 00
CARROT-TOP INDUSTRIES INC.
I 24765600
USA,MO & FIRE RESCUE FLAGS/ 99
R
1/ 31/2015
117. 51
G/L ACCOUNT
10
503-0340
GROUNDS-BLDG/CLEAN; MAINT
-; END?R TOTALS
01 - 0048
5, 038.97CR
CAMDENTON LAWN & GARDEN
I 863001
01 - 1367
5,038 . 97CR
5,038. : 7
VENDOR TOTALS
01- 1213
OUTSTANDING
117.51
REG . CHECK
USA,MO & FIRE RESCUE FLAGS/FIR
117. 51
117. 51CR
117 . 51
0 . 00
0 . 00
CED/ PHI LIPS & CO.
I 0950-511243
2 PHOTO CELLS/AIRPORT
99
18 . 54
R
G/L ACCOUNT
30
I 0950-511251
522 - 0340
GROUNDS-BLDG,'CLEAN/MAINT
2 PHOTO CONTROLLERS/AIRPORT 9 )
18.54
R
l/31 .'2015
522 -0340
..ENDOR TOTALS
2 PHOTO CELLS / AIRPORT
24.84
G.'L ACCOUNT
30
l8.54CR
18.54
24.84CR
24.84
GROUNDS - BLDG/ CLEAN,'! IAINT
REG. CHECK
24 . 84
2 PHOTO CONTROLLERS.'AIRPORT
43. 38
43.38
43 . 38CR
0.00
0.00
1-27-2015
9 , 17 AM
A,'P PAYl1ENT REGISTER
PACKET'
VENDOR SET ,
01
PAGE'
4
VENDOR SEQUENCE
VENDOR
ITEM NO#
DESCRIPTION
B.;NK
CHECK
STAT
DUE
DT
GRJSS
B.1-. LANCE
DISC DT
01-1553
PAYMENT
CENTER FOR MUNICIPAL SOLUTI
I 23141-003
41 OKLAHOMA ST US CELLULAR/ 9S
R
1/31/2015
75.00
10
I 23141 - 004
us
2074
rtISCELLANEOUS
75.00
LI.~ILITY
CELLUL.' .R, 41 OKLAHOMA ST/ 99
R
I 7007) - 003
2074
2,200.00
MISCELLANEOUS LIABILITY
18 J TURNER PKWY, US CELLULAR 99
I 70079 - 004
us
2074
R
75 . 00CR
75 . 0 0
MISCELLANEOUS LI ABILITY
CELLULAR 189 TURNER PKWY 99
2074
US CELLULAR,41 OKLAHOMA ST/ADM
75 . 00
1/31/2015
75.00
R
l / 31,'2015
189 TURNER PKWY ,US CELLULAR/AD
2,200 . 00
2,200.00CR
2,200.00
G/L ACCOUNT
10
2,200.00CR
2,200 . 00
G,'L ACCOUNT
10
41 OKLAHOMA ST US CELLULAR/ADM
2,200.00
1/26/2015
G/L ACCOUNT
10
75.00CR
75.00
G/L ACCOUNT
MISCELLANEOUS LIABILITY
".iENDOR TOTALS
2,200.00
US CELLULAR 189 TURNER PKWY/AD
4,550.00
REG. CHECK
4,550.00CR
4,550 . 00
01-1556
3 MEMBERSHIP DUES/ ADMIN
99
R
1/31/2015
45.00
10
5 0 1-0560
45.00CR
45.00
G,' L ACCOUNT
ASSOCIATION DUES
-·ENOOR TOTALS
45 . 00
REG . CHECK
MEMBERSHIP DUES/ADMIN
45 . 00
45.00CR
45.00
0.00
540.00
540.00CR
0.0 0
CLARK TIRE II (CTII)
I 426 ) 8
4 TIRES, TRUCK #13/WATER
39
R
1/31/2015
540 . 00
G/L ACCOUNT
20
510-0530
REP.1-.IRS, 'MAINTENANCE
".'ENDOR TOTJ'..LS
01-04 7 2
0.00
0 .00
CENTRAL MI SSOURI CITY CLERK
I 2015 DUES
01- 1 392
OUTSTANDING
DISCOUNT
540.00
REG. CHECK
4 TIRES, TRUCK #13 / WATER
540 .00
540.00CR
540.00
0 . 00
CONTINENTAL :..NALYTIC;:.L SE
I 1578 96
TCE SA!IPLES/WATER
99
R
1/3 1/2015
65.00
G/L ACCOUNT
20
510-0760
65.00
PERMIT FEES
65.00
TCE SAMPLES/WATER
(5.00 CR
0.00
1-27-20 15
9:17 AM
PACKET:
03711
..ENDOR SET:
01
Re~ular
PAGE:
5
Payments
".'ENDOR SEQUENCE
""ENDOR
ITEM NOff
DESCRIPTION
BANK
CHECK
STAT
DUE
DT
GROSS
DISC DT
I 15 8399
TCE Sl\l!PLE ANALYSIS/WATER
99
R
1 / 31/2015
:;10-0760
65.00CR
65.00
65 . 00
PERMIT FEES
"""ENDOR TOTALS
01 -13 04
REG. CHECK
TCE SAMPLE ANALYSIS/WATER
130. 00
130. OOCR
130. 00
0.00
PROF S V C L;,ND ACQUISTION.'AI 99
R
1/31/2015
12,652.7)
G,'L ACCOUNT
30
I 1448001 00
522-0915
12,652.79
AIRE 035-4fB/045-45B GRANT
LAND .t.:QUISITION s· ·c;AIRPOR 99
30
522-0915
12,652.79CR
12,652.79
R
1 /3 1 /20 15
PROF S'".: LAND ACQUISTION/ AIRPO
16. 301. 91
16,301.91CR
lC,301.91
G/L ACCOUNT
AIRE 035-45B.'045-45B GRANT
VENDOR TOTALS
16. 301. 91
REG. CHECK
LAND ACQUISITION S\"C,'AIRPORT
28,954.70
28,954.70CR
28,954.70
PROF SVC SLUDGE
B~SIN/WWTP
99
R
2,125.00
1 /3 1 /2015
G,'L ACCOUNT
20
511 - 0905
2,125.00CR
2,125.00
CAPITAL OUTLAY
VENDOR TOTALS
2 , 125.00
PROF SVC SLUDGE BASIN/ WWTP
2,125.00
REG. CHECK
2,125.00CR
2,125.00
I 76053
INSTALL WINDOWS 2008 SER""ER 99
10
R
1/31 / 2016
5,789.00
502 - 0460
OFFICE EQUIPMENT REPAIRS/MAINT
COPIER l!AINT,0"/ERAGES/ FIRE
10
503-0460
9 '.:
R
5 , 789.00
1/31 / 2015
INSTALL
WIND~WS
17.00
2008 SERVER/PD
17.00CR
17.00
OFFICE EQT REPAIRS,'MAINTENANCE
COPIER MAINT,OVERAGES/ ADMIN 99
R
17. 00
COPIER llAINT, C''IERAGES.'FIRE
44. 01
1 ' 31 / 2015
44.09CR
44. 09
G,' L ACCOUNT
10
5,789.00CR
5,789.00
G/L ACCOUNT
I 80 J 90
0.00
0.00
DATA COM!l
G/L l .CCOUNT
I 80531
0 . 00
0.00
DARREN KREHBIEL CONSULTANTS
I 167
01-1414
0.00
CRAWFORD, MURPHY & TILLY, I
I 1 03292
01 -0068
OUTSTANDING
DISCOUNT
65.00
G/L ACCOUNT
20
PAYMENT
BALANCE
501-0460
OFFICE EQUIPMENT REPAIRS/ MAINT
VENDOR TOTALS
REG. CHECK
44.09
COPI ER MAINT , O"IERAGES/ADMIN
5,850.09
5,850.09
5,850.09CR
0.00
0.00
1-27-2015
9:1 7 AM
PACKET:
037 11 Regular Payments
VENDOR SET:
01
VENDOR SEQUENCE
·:ENDOR
DESCRIPTION
ITEi! NO#
BANK
CHE::K
STAT
DUE
DT
GROSS
DISC DT
01-1627
DEPENDABLE AUTOl!OTrJE ,
99
F.
l ,' 31/2015
36 . 00
510-0530
REPAIRS/l!AINTENANCE
""ENDOR TOTALS
36.00
OIL,LUBE #13.'WATER
3( . 00
REG. CHECK
36 . 00
01-0387
PARTITI ONS,2 NEW POLICE CAR 9)
R
l .' 31/2015
1,841.20
502-0905
CAPITAL OUTLAY
920 . 60
PARTITIONS,2 NEW POLICE CARS/P
30
520-0905
CAPITAL OUTLAY
920 . 60
PARTITIONS,2 NEW POLICE CARS,'P
REG. CHECK
l, 841.20
1,841.20
l,841.20CR
0.00
0.00
ELLIS BATTERY
I 327JOS
AA.AAA BATTERI ES/POLICE
99
R
53 .84
1/31/2015
G,'L ACCOUNT
10
502-0610
53.84CR
53.84
53 . 84
·."ENDOR TOTALS
AA,AAA BATTERIES/POLICE
53.84
REG. CHECK
53.84CR
53. 84
0 . 00
489.00
489.00CR
0.00
EN'"IRONMENTAL ANALYSIS S .
I 128923
503 SLUDGE ANALYSIS/WWTP
R
1/31/2015
489.00
G/L ACCOUNT
20
511-0774
LIFT STATION/TREAT PLANT
\ "ENDOR TOTALS
I 737
l,841.20CR
10
-."ENDOR TOTALS
01-1120
0 . 00
0.00
1,841 . 20
G,'L ACCOUNT
01-0125
36 . 00CR
ED ROEHR RADIO CO . INC.
I 421927
01 -1463
36.00CR
36.00
G/L ACCOUt."r
20
OUTSTANDING
DISCOUNT
LL~
OIL,LUBE #U.'WATER
I 423
BALANCE
P.:.YMENT
489 . 00
REG. CHECK
503 SLUDGE ANALYSIS,'WWTP
489.00
489.00CR
489.00
0.00
350.00
350 . 00CR
0 .00
ERICK ' S WELDING
FIX VJLUTE,DALE l!ITCHELL LS 99
R
1 ,' 31/2015
350.00
G,'L hCCOUNT
20
511-0774
VENDOR TOTALS
LIFT ST.;.TION) TREAT PLANT
REG. CHECK
350 . 00
FIX "'OLUTE ,DALE MITCHELL LS / WW
350.00
350.00CR
350.00
0.00
0 . 00
1-27-2015
9:17 AH
PACKET :
03711 Re:ular Payments
VENDOR SET:
01
PAGE:
7
VENDOR SEQUENCE
VENDOR
ITEM NO#
DESCRIPTION
BANK
CHECK
STi-.T
DUE
DT
GROSS
BAlu',NCE
DISC DT
01-1593
99
MEMBERSHIP DUES/FIRE
R
1 /31/2015
25 . 00
10
503-0560
ASSO~IATION
. 'ENIJ;)R TOTALS
DUES
25. 00
REG. CHECK
JIEMBERSHIP DUES 'FIRE
25 . 00
25 . 00CR
25 . 00
0 . 00
0.00
FRANKS UNIFORMS INC.
UNI FORM ALTERATIONS,BELTS/F 99
I 73375
R
l.'31/2015
4~
10
503-0210
. 95
43.95CR
43.95
G/L ACCOUNT
43 .. 5
UNIFORMS
''ENDOR TOTALS
UNIFORM ALTERATIONS . BELTS/FIRE
43.95
REG. CHECK
43 . 95CR
43 . 95
0 . 00
171. 25
171. 25CR
o.oo
GRAINGER/DEPT 828509778
I 9639067322
CLINT LS BLOWER MOTOR/WWTP
99
R
1/31 ,'2015
171. 25
G/ L ACCOUNT
20
I 9640447513
511 - 0610
TIMER RELAY/WATER
171 . 25
R
99
1/31/2015
20
510-0635
CLINT LS BLOWER MOTOR 1 WWTP
37 . 50
37.50CR
37.50
G/L ACCOUNT
PUMP EXPENSE
"ENDOR TOTALS
01-0051
25 . 00CR
25 . 00
G.'L ACCOUNT
01-0102
OUTSTANDING
FI RE FIGHTERS ASSOCIATION 0
I 2015 MEMBERSHIP
01-0312
PAYMENT
DISCOUNT
37.50
REG . CHECK
TIMER RELAY,"WATER
208 . 75
208 . 75CR
208 . 75
0.00
0 . 00
HIGH BROTHERS LUMBER CO
I 9948 98
LI GHT BULBS/STREET
R
9~
1/31/2015
41. 97
30
I 994982
520-03 40
41 . 97
GROUNDS-BLDG.'CLEAN/MAINT
R
2 DUSK TO Dr.WN LIGHTS/ AIR PO 99
522-0340
"ENDOR TOTALS
LIGHT BULBS/ STREET
75.98
l .'31.'2015
75 . 98CR
75.98
G/L ACCOUNT
30
41 . 97CR
41. 97
G/L ACCOUNT
GROUNDS - BLDG/CLEAN/ MAINT
REG. CHECK
75 . 98
2 DUSK TO DAWN LIGHTS/AIRPORT
117 . 95
117 . 95CR
117 . 95
0 . 00
0 .0 0
1-27-2015
9:17 Al!
PACKET:
03711 ReJular Payments
VENDOR SET:
01
PAGE:
8
•·ENDOR SEQUENCE
..ENOOR
ITEM NO#
DESCRIPTION
BANK
CHECK
STAT
DUE
DT
GROSS
DISC DT
01-1184
BALANCE
2012 IFC CODE BOOK/ FIRE
S9
R
1/31/2015
91.25
G/L ACCOUNT
10
503-0440
OFFICE EXPENSE
9 1 .25
.25CR
REG. CHECK
:012 IFC CODE BOOK/FIRE
91.25
91. 25
91.25CR
0 . 00
0.00
J & S PEST CONTROL LLC
I 201501149257
BUG SPRAY/ADM/PD/FIRE/AIRPO 99
R
l ,'31/2015
105.00
G/L ACCOUNT
105.00CR
105.00
10
501-0340
GROUNDS-BLDG/CLE?.N/MAINT
20.00
BUG SPRAY.'ADM/PD/FIRE/AIRPORT
10
502-0340
GROUNDS-BLDG,'CLEAN/MAINT
20.00
BUG SPRAY/ ADM/PD/ FIRE/AIRPORT
10
503-0:40
GROUNDS-BLDG/CLEAN/f!AINT
45.00
BUG SPRAY/ADM/PD/FIRE/AIRPORT
50
551-0340
GROUNDS-BLV3/CLEAN/f!AINTENANCE
0.00
BUG SPRAY/ADM.' PD/FIRE/AIRPORT
30
522-0340
GROUNDS - BLDG/CLEAN/MAINT
20.00
BUG SPRAY/ADM/PD/FIRE/AIRPORT
·.r:NOOR TOTALS
REG. CHECK
105.00
105 . 00CR
105.00
0.00
0 .00
JACKS SPORTING GOODS
I 387030
WIRE MJULD , CABLE PROTECTOR,' 99
R
1/31/2015
26.~7
G/L ACCOUNT
10
I 3£7562
501-0340
GROUNDS-BLDG/CLEAN/MAINT
PARTS.FIX FIRE HOSES/WWTP
20
3E7%6
511-0610
26.97
R
99
1/31/2015
I 387860
MATERIALS & SUPPLI ES
66.55
R
99
1/31/ 2015
I 3880C7
MATERI ALS & SUPPLIES
5.19
R
99
1 /3 1 /2015
.,ENDOR TOTALS
40.58CR
40.58
GAS HOSE FOR TOR :H/WATER
510-0610
PARTS , FIX FIRE HOSES / WWTP
40.58
4 0.58
R
-9
l ,' 31,'20 1 5
BOX OF NUTS,BOLTS/STREET
37.35
G/L ACCOUNT
20
5. DCR
5.19
BOX OF NUTS ,BOLTS/STREET
520-0610
PARTS, FIX FIRE HOSES/WWTP
5.19
G/L ACCOUNT
30
66 .55CR
66.55
PARTS,FIX FIRE HOSES/WWTP
511-0610
WIRE MOULD,CABLE PROTECTOR/ADM
66,55
G/L ACCOUNT
20
26 . 97CR
26.97
G/L ACCOUNT
I
)1
91. 25
..ENDOR TOTALS
01-0010
OUTSTANDIN'J
ICC - INTERNATIONAL CODE CO
I 100250424
01-1589
PAYMENT
DISCOUNT
37.35CR
37.35
REG. CHECK
37,35
G.; s HOSE FOR TORCH/WATER
176 . 64
176 . 64CR
176.64
0.00
0.00
1-27-2015
A/ P PAYl!ENT REGISTER
9 : 17 AM
PACKET :
03711 Regular P:\yments
VENDOR SET :
01
PAGE:
9
"'ENDOR SEQUENCE
VEND?R
ITEM NO#
DESCRIPTION
BANK
CHECK
STAT
DUE
DT
DISC DT
01-0078
SYMPATHY PLANT.'ADMIN
99
R
l.'31,' 2015
4 3 . 50
G/L ACCOUNT
10
501-0440
4 3 . 50
REG. CHECK
SYMPATHY PLANT/ AD!IIN
4 3.50
SPINNER MJTOR,SPREADER TK # )9
R
1/31/2015
43 . 50CR
43.50
0 . 00
351.89
351. 89CR
0.00
351.89
G/L ACCOUNT
30
520-0530
REPAIRS/MAINTENANCE
-.·ENDOR TOTALS
351. 89
REG . CHECK
SPINNER !10TOR, SPREADER TK 117.' S
351.89
351. 89CR
351.89
0.00
0 . 00
KUSTOM SIGNALS, INC.
508 ' 6 ~
;.UDIO CABLE. IN -CAR CAt!ERA/P !:> 9
R
1/31/2015
83 . 80
G/L J:.CCOUNT
10
502-0525
83.80CR
83 . 80
EQUIPMENT REPAIR
VENDOR TOTALS
01-1207
43.50CR
KNAPHEIDE TRUCK EQUIPMENT
I JCS68586
I
OUTSTANDING
43.50
VENDOR TOTALS
01-062)
PAYMENT
DISCOUNT
JANINE'S FLOWERS
I 126744
01-060 1
GROSS
BALANCE
83.80
AUDIO CABLE,IN-C:>R C.hMER.\ /PD
83 . 80
REG. CHECK
83 . 80CR
83 . 80
0.00
225 . 00
225 . 00CR
0.00
LAKE AVIATION CENTER, LLC
I 022015-1
UTILITY REIMBURSEMENT/AIRPO 99
2/01/2015
G/ L ACCOUNT
I 201501199258
225 . 00
30
522 - 0320
ELECTRICITY
30
522 - 0430
TELECOMMUNICATIONS
R
REIMBURSE FUEL TK REPAIRS/A 99
85.00
UTILITY REIMBURSEMENT,' AIRPORT
140. 00
UTILITY REIMBURSEMENT/ AIRPORT
1/31/2015
G/L J.CCOUNT
30
522-0530
"'ENDOR TOTALS
2,065.36
2,065.36CR
2,065.36
REPAIRS/MAINTENANCE
REG. CHECK
2,065 . 36
REIMBURSE FUEL TK REPAIRS/ AIRP
2,290 . 36
2,290 . 36
2,290.~6CR
0.00
0.00
1 - 27-2015
9:17 AM
PACKET:
VENDOR SET:
01
PAGE:
10
'JENDOR SEQUENCE
VENDOR
01 -002 0
I TEM NOff
BANK
DESCRIPTION
CHECK
STAT
DUE
GROSS
PAYMENT
DISC DT
DT
BALANCE
DISCOUNT
1/31/201 5
101.50
LAKE SUN LEADER
I 00044458
POLICE OFFICER WANT r.D/ PD
R
99
10
502-0440
101 . 50
BID.TENNIS COURT O"ERLAY / P;. 9 ~
I 19108
R
5S l -0440
OFFICE SUPPLIES
69 . 75
R
1 / 31/2015
551-0440
67 . 50
67.50
OFFICE SUPPLIES
LEGAL NOTICE #15-03BA/.;J)f!
I 1 91:0
R
99
1/31/2015
40 .50
LEGAL NOTICES
R
~}
l/31 ,'2015
501-0720
LEGAL NOTICES
60 . 75
R
99
l .' 31/201S
•1
501-0720
LEGAL NOTICE #1 5-0lPZ/ALM
63.00
63.00CR
C3 .00
G/ L ACCOUNT
10
60 .75CR
60.75
LSGAL NOTICE #15-02 PZ/ADM
I 19113
LEGAL NOTICE #1S-03BA/ADM
60.75
G/L ACCOUNT
10
40.50CR
40 . SO
LEGAL NOTICE #15 - 0lPZ,'ADM
I 19132
67 . 50CR
BID.TENNIS COURT RESURFACE.' PRK
40 . SO
G.' L ACCOUNT
10. 501-0720
BID, TENNIS COURT C "ERLAY/PARK
67.50
G/L ACCOUNT
50
69 .7SCR
69.75
BID , TENNIS COU!'.T RESURFJ,CE.' 99
I 1 9109
POLICE OFFICER WANT AD/PD
69.73
1/31/2015
G/L ACCOUNT
so
101.50CR
101. so
G,'L ACCOUNT
01-0005
OUTSTANDING
63.00
LEGAL NOTICES
ENDOR TOTALS
REG. CHECK
LEGAL NOTICE #15 - 02PZ/ADtl
4 03.00
403.00CR
403.00
0.00
0.00
LAKESIDE OFFICE SUPPLY
I 299979
SHI P TCE SAMPLES/WATER
9)
R
l ,' 31/201 5
75 . 04
20
I 300008
510-07 £0
PERMIT FEES
SHIP EFFLUENT SAMPLES'WllTP
99
75.04
R
I 300271
511-0774
1: . 01
LIFT STATION.'TREAT PLANT
PAPER,PENS,I NK,PACKIN~
511-0440
VENDOR TOTALS
13.0lCR
i :: . 01
TAPE 99
R
1/31.'2015
SHIP EFFLUENT SAl1PLES.'WWTP
60 . 86
60.86CR
60 . 86
G/L ACCOUNT
20
SHIP TCE SAMPLES/WJ,TER
13. 01
1/31/2015
G/L ACCOUNT
20
75 . 04CR
75.04
G/L ACCOUNT
OFFICE EXPENSE
REG. CHECK
60 . 86
PAPER, PENS, INK, PACKING TAPE/WW
1 4 8. : 1
148. 91CR
148 . 91
0.00
0.00
1-27 -2015
;,/p P.WMENT REGISTER
9:17 AM
PACKET :
03711 Regula r Payments
VEN['JR SET:
01
PAGE:
11
\"ENDOR SEQUENCE
ITEM NO#
VENDOR
01-0142
DESCRIPTION
BANK
CHECK
STAT
DUE
GROSS
DT
DISr: DT
BALANCE
1/31/2015
208.15
OUTSThNDING
LYNN PEA".'EY COMPhNY
I 298342
E".'IDENCE TAPE, TUBES,'fOLICE
:9
R
10
502-0610
208.l5CR
208.15
G/L i.CCOUNT
208 .15
REG. CHECK
VENDOR TOTALS
01 - 0120
PAYMENT
DISCOUNT
EVIDENCE TAPE , TUBES/ POLICE
208.15
208. l5CR
208.15
0.00
0 . 00
MCDANIEL ' $ SMALL ENGINES
I 083814
FIX HUSQ HOT s1.w I STREET
R
99
1/31/2015
25.00
30
I 08382 '
520-0530
25 . 00
REPAIRS/M;.INTEN.'.NCE
REPAIR,MAINT,POLE SAWS/ PARK 99
R
551-0615
FIX HUSO HOT SAW/STREET
63.32
1/31/20 15
63.32
PARK SUPPLIES & MATERIALS
·."ENDOR TOTALS
REG . CHECK
REPAIR, Mr.INT, POLE SAWS/PAR!:
88.32
88 . 32
01-0080
I 1905,
BOD RAW ANALYSI S/WWTP
20
_9
R
35 . 00
1/31/2015
511-0774
35.00
EFFLUENT BOD ANALYSIS/WWTP
20
)9
R
1 /31/2015
511-0774
510 - 0610
35.00
LIFT STATION,'TREAT PLANT
99
R
l ,'3 1/2015
VEND0R TOTALS
140.00CR
140. 00
140 . 00
RAW BOD ANALYSIS/WWTP
511-0774
EFFLUENT B.JD ANALYSI S/WWTP
140. 00
R
99
l.'31/20 1 5
SAMPLE BOTTLES/ WATER
35.00
35.00CR
35 . 00
G/L ACCOUNT
20
35.00CR
35.00
8 SA!IPLE BOTTLES/WATER
20
35.00CR
FJD RAW ;\NALYS I S/WWTP
35.00
G/ L ACCOUNT
I 19182
0.00
0 . 00
35 .0 0
G/L ACCOUNT
I 19176
88 . 32CR
MCDUFFEY LAB
G/L ACCOUNT
I 19067
63.32CR
f3.32
G/L ACC.JUNT
50
25.00CR
25.00
G/L J'.CCOUNT
REG. CHECK
35 . 00
RAW BOD ANALYSIS/WWTP
245.00
245.00CR
245 . 00
0 . 00
o.oo
1-27-2015
A/P
9:17 All
PACKET:
""ENDOR SET:
01
P~YMENT
REGISTER
PAGE:
12
""ENDOR SEQUENCE
VENDOR
01-0899
ITEM NO#
DESCRIPTION
BANK
CHECK
STAT
DUE
OT
GROSS
DISC OT
BALANCE
1/31/2015
700.00
PAYllENT
MFA PROP;;.NE 2045
I 00001329576
HEATING FUEL/FIRE
99
R
G/L ACCOUNT
10
I D0001340l33
503-0330
HEATING FUEL/STREET
30
I D0001363154
520-0330
HEATING FUEL/FIRE
HEATING FUEL
99
700.00
R
503-0330
HEATING FUEL/ FIRE
743 . 75
1/31/2015
743.75CR
743.75
HEATING FUEL
99
743.75
R
1/31/2015
HEhTING FUEL/STREET
280.00
G.' L ACCOUNT
10
700.00CR
700.00
G'L ACCOUNT
280.00CR
280.00
HEATING FUEL
..ENDOR TOTALS
280 . 00
REG. CHECK
HEATING FUEL/FIRE
l ,72J.75
l,723.75CR
1,72:.75
01-1331
FIX 4 OPTICOM SYSTEMS,STOPL 99
R
5,455.70
1/31/2015
10
503-0525
5,455. 70CR
5,455.70
G/L ACCOUNT
EQUIPMENT REPAIRS
VENDOR TOTALS
5,455.70
REG. CHECK
FIX 4 OPTICOM SYSTEMS,STOPLIGH
5, 455. 70
5,455.70CR
5,455.70
0 .00
0 .00
MIDWEST METER, INC
I 0062879 - IN
30 ERTS.RADIO READ METERS/W 99
R
l/31/2015
2,574.50
G/L ACCOUNT
20
5 10-0620
2,574.50CR
2,574.5 0
METER EXPENSE
..ENDOR TOTALS
2,574.50
REG . CHECK
30 ERTS,RADIO READ METERS/WATE
2,574.50
2,574.50
01-1043
0.00
0.00
MID AllERICAN SIGNAL, INC.
I 14-763
0 1 -1639
OUTSTANDil!G
DISCOUNT
2,574 . 50CR
0 . 00
0.00
MISSOURI ONE CALL SYSTEM , I
I 412011 4
27 LOG,TES,'WATER
99
R
1/31/2015
35.10
G/L ACCOUNT
20
510 - 0430
.'ENDOR TOTALS
35. l OCR
35.10
TELECOtlMUNICATIONS
REG. CHECK
35.10
27 LOCATES/WATER
35.10
:?5 .1 0
35.lOCR
0.00
0 . 00
1 - 27 - 2015
9 : 17 AM
PACKET:
VENDOR SET:
01
PAGE:
13
""ENDOR SEQUENCE
·:ENDOR
ITEM NO#
DESCRIPTION
BANK
CHECK
STAT
DUE
DT
GROSS
DISC DT
01-0308
BALANCE
PAYMENT
I 10 ANIMAL CONTROL ASSN.
I 2015 MEt!BERSHIP
ANNUAL MEIIBERSHIP/POLICE
R
9.
l ,'31,' 2015
30.00
G/L ACCOUNT
10
502-0560
30.00CR
30.00
ASSC~IATION
""ENDOR TOTALS
DUES
30.00
ANNUAL ME!!BERSHIP/POLICE
30 . 00
REG. CHECK
30.00CR
30.00
01-0126
WINTER CONFERENCE,BANQUET/F 99
R
614.00
1 /31/2015
10
503-0735
~ 14.
REGISTRATION & TRAINING
VENDOR TOTALS
614.00
REG . CHECK
WINTER CONFERENCE,BANQUET/FI RE
614.00
614.00CR
614.00
0.00
l-K970 CUT OFF SAW/STREET
99
R
l,313 . 96
l/31 ,'2015
G_' L .Z.CCOUNT
~o
520-0410
l,313.JfCR
1,313.96
NEW EQUIPMENT
VENDOR T')TALS
1,313.96
REG . CHECK
l-K97 0 CUT OFF SAW/STREET
1.313.96
l,313.96CR
1,313.96
0.00
0.00
MSHP CJ TECH . FUND
I 812HP531003207
MULES,JANUARY,FEBRUARY,MARC
~9
R
1/31/2015
705.00
G/ L .Z.CCOUNT
10
502-0430
705.00CR
705 .00
TELECOMMUNICATIONS
VENDOR TOTALS
I
0.00
MOTOR HUT
I 3SS54
01-1508
OOCR
614.00
G/L ACCOUNT
01-0711
0 . 00
0.00
MO ASSOCIATION FIRE CHIEF
I MAF21408
01 -0074
OUTSTANDING
DISCOUNT
705. 00
REG . CHECK
I!ULES ,JANUARY, FEBRUARY, MARCH/P
705.00
705.00CR
705.00
0.00
0.00
NrtTIONAL TRADE SUPPLY, LLC
r. l.'.:00003186
FURNACE FILTERS/FIRE
:> 9
R
1/31/2015
50 .70
GIL ACCOUNT
10
503 -0340
VENDOR TOTALS
50.70CR
50.70
GROUNDS-BLDGiCLE;~/llAINT
REG. CHECK
50. 70
FURNACE f'ILTERS.'FIRE
50.70
50 .70
50.70CR
0.00
0 . 00
1-27-2015
9:17 Al!
A.' P PJ.YMENT REGISTER
p; _cKET:
VENDOR SET:
01
p;.GE:
14
VEND')R SEQUENCE
·.'ENDOR
01-1180
ITEM NJ#
DESCRIPTION
BANK
CHECK
STAT
DUE
DT
PAYliENT
DISC DT
DISC')UNT
NEWMAN, COllLEY & RUTH
LEGAL SVC.MULBERRY WELL/WAT 99
I '5676
R
1/:1/2015
180.00
G/L ACC:lUNT
20
510-0790
O'REILLY
c 4044-377795
~UTO
PR')FESSIONAL FEES
180.00
REG. CHECK
RETURN GENERATOR BATTERY ,'WW 93
20
R
1/05/2015
511-0774
99
R
1 / 31/2015
17.09
502-05~0
REPAIRS/MAINTEN~.NCE
17.09
R
99
1/31,'2015
520-0530
511-0774
REPAIRS/MhINTENANCE
45 . 99
R
1/31/2015
LIFT STATION.'TREAT PLANT
82.20
R
1/31/2015
REPAIRS,'MAINTENANCE
12 QTS OIL ,l QT BRAKE FLUID 99
511-0530
151.92
151. 92
R
1/31/2015
REP;:.IRS/MAINTENANCE
WIRING,PDl UPGRADES/POLICE
502-0530
VENDOR TOTALS
151. 92.::R
B.:.CKHOE OIL CHANGE SUPPLIES/WA
80.37
80 . 37CR
80.37
99
80.37
R
1/31/2015
12 QTS OIL ,l QT BRAKE FLUID/WW
68.53
G/L ;..ccOUNT
10
PLANT GENERATOR BATTERY/WWTP
151. 92
G/L ACCOUNT
20
82.20CR
82.20
BACKHOE OIL CHANGE SUPPLIES 99
510-0530
45 . 99CR
5 GAL HYDRAULIC OIL/STREET
82.20
G/L ACCOUNT
20
17.09CR
45.99
PLANT GENERATOR BATTERY/WWT 99
20
82.20
PD 2 HEADLIGHT BULB/POLICE
45.93
G/L ACCOUNT
I 4044-381042
0.00
17.09
5 GAL HYDRAULIC OIL/STREET
30
I 4044-379399
O. OJ
82.20CRRETURN GENERATOR BATTERY/WWTP
G/L ACCOUNT
I 4044-378315
180.00CR
180 . 00
82.20CR
PD 2 HEADLIGHT BULB/POLICE
10
I 4044-377790
180.00
82 . 20CR
G,'L ACCOUNT
I 4044-376846
LEGALS' : .MULBERRY WELL,'WATER
PARTS
G,'L ACCOUNT
I 4044-3766 9
180.00CR
180 . 00
. "ENDOR TOTALS
01- 0003
OUTSTANDill3
68.53CR
68.53
REPAIRS/MAINTEN;.NCE
REG . CHECK
68.53
WIRING,PDl UPGRADES,' POLICE
363.90
363.90CR
363.~0
0.00
0.00
1-27-2015
9:17 AM
PACKET:
VENDOR SET :
01
PAGE :
15
""ENDOR SEQUENCE
VENDOR
!TEii
NO~
DESCRIPTION
BANK
CHECK
STAT
DUE
GR.)SS
DT
DISC DT
01-0084
BALANCE
ACCOUNTABILITY TAGS, FIRE
R
99
45.00
1(31/2015
G ' L ACCOUNT
10
I 595595
503-0ClO
CJMllITTEE NAME PLATES/ADllIN 99
10
501-0440
45.00
R
1 /31/2015
40.00
SUPPLIES & l!ATERIALS
40 . 00
COMMI'ITEE NAME PLATES/ACt!IN
a5.oo
REG . CHECK
FIX STEPS, ENGINE 3 12 ,' FIRE
99
R
1/31/2015
85.00CR
85 . 00
0 . 00
160.48
160.48CR
0.00
160.48
G/L ACCOUNT
10
503-0530
REPAIRS/MAINTENANCE
VENDOR TOTALS
160.48
REG . CHECK
FIX STEPS, ENGINE 312/FIRE
160.48
160 . 48CR
160.4E
0.00
2 95. 00
295.00CR
0 . 00
PUBLIC AGENCY TRAINING CO
I 1 88026
R
SEl-!INAR REGISTRATION/ POLICE 99
l .'31/2015
2)5.00
G/L ACCOUNT
10
502-0735
REGISTRATION & TRAINING
VENDOR TOTALS
I 153
40. OOCF.
PRECI SION INDUSTRIES, INC
850
01-0486
ACCOUNTABILITY TAGS/FIRE
40.00
VENDOR TOTALS
0 1 -0576
45.00CR
45 . 00
G/L ACCOUNT
I
OUTSTANDING
OZARK TROPHY & ENGRAVING
I 323853
01-1598
P.WMENT
DISCOUNT
295.00
REG . CHECK
SEMINAR REGISTRATION/POLICE
295 .00
295 . 00CR
295 .00
0.00
1ar .6 1
l86.61CR
0 . 00
PUD LLC
CASE OF CLEANER/WWTP
R
39
1/31/2015
186 . 61
G/L }.CCOUNT
20
511-06 1 0
VENDOR TOTALS
MATERIALS
~
SUPPLIES
REG . CHECK
186.61
CASE OF CLEANER/WWTP
186.61
186.61CR
186.61
0.00
0.00
1 - 27 - 2015
9:17 AM
A/ P PAYMENT
PACKET:
·: ENDOR SET:
01
~EG ISTER
PAGE:
16
VENDOR SEQUENCE
'.'ENDOR
ITE!i NO#
DESCRIPTION
BAN!:
CHECK
STAT
DUE
DT
GROSS
DISC DT
01-0067
BALANCE
DOOR AJAR SWITCH,F250,'WATER 99
R
1/31(2015
11. 76
G,'L J..CCOUNT
20
510-0530
REPAIRS/MAINTENANCE
11 .76
R
10
502-0905
CAPITAL OUTLAY
375.00
XZILON PROTECTANT,NEW SlT'' /PD
30
520-0905
CAPITAL OUTLAY
375.00
XZILON PROTECTANT,NEW SU'.'/PD
REG. CHECK
7( 1.76
761.76CR
761.76
0.00
155 . 75
155.75CR
0 .00
SCOTT ' S HEATING & AIR
I 023730
FIX PROPANE HEATER'STREET
R
1/31/2015
155.75
G/L ACCOUNT
30
5 20-0 ~40
GROUNDS-BLDG,'CLEAN/ MAINT
..ENDOR TOTALS
155.75
REG . CHECK
FIX PROPANE HEATER/STREET
155 . 75
155.75CR
155 . 75
0.00
2 77.7 0
277.70CR
0.00
SENTINEL EMERGENCY SOLUTION
RADIO STRAPS,HOLDERS/FIRE
R
1/31/2015
G ' L ACCOUNT
10
503-0610
277 . 70
6 SETS BUNKER GEAR, ..OLUNTEE 99
277.70
R
1 /31/2015
10
503-0470
NEW EQUIPMENT10FFICE
LEATHER HELMET FRONT,#360/ F 99
503-0 ~ 10
VENI:')R TOTALS
i:;,
509. 72CR
13,509 . 72
13,509.72
R
6 SETS BUNKER GEAR, VOLUNTEERS/
32 .49
1/31 / 2015
G/L ACCOUNT
10
RADIO STRAPS,HOLDERS/FIRE
13,509.72
G/L ACCOUNT
I 32532
750.00CR
750 . 00
..ENDOR TOTALS
I 32145
DOOR AJAR SWITCH,F250 ,'WATER
750.00
1 /31,'2015
G/L ACCOUNT
I 31695
11. 76CR
11. 76
XZILON PROTECT, .NT,NEW SU'.' /P 99
I 14787
01 -1 329
OUTSTANDING
SA!:ELARIS FORD LINCOLN
I 1041:1
01-0044
PAYMENT
DISCOUNT
32.49CR
32.4:>
REG. CHECK
32.4"
LEATHER HELMET FRONT,# 360/FIRE
13,819.91
13,819.91
13,81 ? .91CR
0 . 00
0.00
1-:7-2015
9:17 AM
PACKET:
VENDOR SET:
01
PAGE :
17
VENDOR S EQUENCE
VEND.)R
0 1 - 0 971
I
I TEM NO#
DESCRIPTION
BANK
CHECK
STAT
DUE
DT
GROSS
DISC DT
BALANCE
1/31/2015
440.00
SPRING 2015 1 / 4 PG AD/ ADllIN 99
R
10
501-0725
44 0 . 00CR
440.00
G,"L ACCOUNT
ECONOMI C DEVELOPMENT PROMOTION
VENDOR TOTALS
440. 00
REG. CHECK
SPRING 2015 1 / 4 PG AD/ADMIN
4 4 0.00
440.00CR
440.00
0 . 00
628.22
628.2 ~ CR
0.00
SONS OF THUNDER, LLC
WIRE EXERCI SE ROOM PHASE 2/ 99
I 364
R
1 .1 31/201 5
G/ L ACCOUNT
10
502- 0340
(2 8. 22
GROUNDS-BLDG/CLEAN,'M.,INT
WIRE EXERCISE ROOM PHASE 1/ 99
I 365
' 28.22
R
l / 31."2015
G/L ACCOUNT
10
502-034 0
WIRE EXERCISE ROO!l PHASE 2/PD
649.04
649 . 04CR
649 .04
GROUNDS·BLDG/CLEAN/ MAINT
. "ENDOR TOTALS
649.04
REG. CHECK
WIRE EXERCI SE !<.JOM PHASE 1/PD
1 , 277.26
1,277.2(
0 1 -126 1
OUTSTANDING
S HOWCASE PUBLISHING, INC .
1 '.' 54!:
01-1539
PAYMENT
DISCOUNT
1 ,277.26CR
0.00
0 . 00
SOUTHER."1 C01!PUTER WAREHOUSE
I I N-000227585
5 LICENSES.ADOBE SCFTWARE/A 99
R
1 /31/2015
G/L ACCOUNT
50
I IN-000227665
550-0945
OTHER CAPIThL PROJECTS
5 LICENSES, rIICROSOFT SOFTWA 9 9
I IN- 000228:83
550-0~ 4 5
5 LAPTOPS.'ADM
1,222.85
R
1/31.1 2015
5 LICENSES,ADOBE SOFTWARE/ADM
1, 27 8.10
1,278.lOCR
1,278.10
OTHER CAPITAL PROJECTS
99
1,278.1 0
R
1 /3 1 /20 15
G/L ACCOUNT
5 LICENSES.MICROSOFT SOFTWARE/
2,84 2. 65
2,842.65CR
2,84 2.65
10
50 1 - 090 5
CAPI TAL OUTLAY
7 00 . 00
10
50 1 -047 0
NEW EQUI PMENT/OF FICE
f. 45. 00
5 LAPTOPS/ADM
50
550-0945
OTHER CAPITAL PROJECTS
1,297.65
5 LAPTOPS/ADM
-.·ENDOR TOTALS
l, 222 . 85CR
1 ,222 .85
G/L ACCOUNT
50
1, 22 2. 85
REG. CHECK
5 LAPTOPS/ADM
5,343. 60
5,343.60
5,343.COCR
0.00
0.00
1-27 - 2015
9:17 AM
PACKET :
VENDOR SET:
01
PAGE:
18
".'ENDOR SEQUENCE
--ENDOR
ITEM NOii
DESCRIPTION
BANK
CHECK
STAT
DUE
GROSS
OT
DISC OT
01-or 41
c
BALANCE
OUTSTANDING
STAPLES CONTRACT & COMMERCI
3253270297
RETURNED POCKET FOLDERS/ADM 99
R
12/lf ,' 2014
ll. 28CR
G/L ACCOUNT
10
I 325:270285
501-0440
I 3253270:..87
INK, POSTCARDS, POP UP NOTES,
99
11 . 2 8CRRETURNED POCKET FOLDE?.S ,' ADllIN
R
1 /31/2015
1:3. 59
10
501-0440
SUPPLIES & f IATERIALS
103.22
INK , POSTCARDS,POP UP NOTES,'AOM
20
510-04 4 0
.)FF ICE EXPENSE
15 .19
INK, f.)STCIJ<DS, POP UP N)TES;ADM
20
511- 0440
OFFICE EXPENSE
15.18
INK , POSTCARDS , F'?P UP NOTES/ADI!
OFFICE SUPPLIES/ADM/WATER/W 99
R
1 /31/2015
99.0o
10
50 1 -04 4 0
SUPPLIES & MhTERI ALS
J6.46
OFFICE SUPPLIES ,'ADM/W/..TER/WWTP
20
510 - 0440
OFFICE EXPENSE
31.31
OFFICE SUPPLIES/AOM/WATER/WWTP
20
511-0440
OFFICE EXPENSE
3 1.31
OFFICE SUPPLIES /ADM/ WATER /WWTP
12 PK HIGHLIGHTERS/ POLICE
10
99
R
1/31/2015
6.59
502-0440
SUPPLIES & M;.TERIALS
PAPER TOWELS, TOILET PAPER/ 99
10
503-0 340
6.59
R
1 /31/2015
1 06 . 36
GROUNDS - BLDG/CLEAN/MAINT
99
106 . 36
R
1/31/2015
I 3253270293
SUPPLI ES & MATERIALS
OFFICE SUPPLIES/POLICE
I 3253270294
502-0440
99
147.40
I 3253270295
14 ~ .45
99
R
1/31/2015
TONER. BINDER,PAPER,NOTES/PD 99
32532702 ~ 6
502-0440
14 7. 41
147.41CR
147.41
147.41
R
137.68
1/ 31/2015
G/L ACCOUNT
10
149 .45CR
14 ~ .45
502-0440
149. 45
R
G/L ACCOUNT
10
l47.40CR
147.40
G/L ACCOUNT
10
lOC . 36CR
PAPER TOWELS, TOILET PAPER/FIR
147.40
G/L ACCOUNT
502-0440
12 PK HIGHLIGHTERS/POL I CE
106.3~
10
6.59CR
6.59
G.'L ACCOUNT
I 3253270292
99 .08CR
99.08
G/ L ACCOUNT
I 3253270291
133.59CF.
1 33 . 59
G/L ACCOUNT
I 3253270288
11.28
11.28CR
G,'L J.CCOUNT
I
P.; YllENT
DISCOUNT
137 . 68CR
137 . 68
FOLDERS,BINDERS,PAPER TOWEL 99
1 37.68
R
1/3 1/20 15
TONER,BINDER,PAPER,NOTES/PD
81.53
G/ L ACCOUNT
81. 53CR
81.53
10
501-0440
SUPPLIES :.. MATERIALS
34.97
FOLDERS,BINDERS,PAPER TOWELS .A
10
501-0340
23.28
FOLDERS,BINDERS,PAPER TOWELS/A
10
502 - 0340
23 . 28
FOLDERS,BINDERS,PAPER TOWELS/A
1-27-2015
AI P
9:17 N 4
P~CKET :
037 11 Re•ular Payments
VENDOR SET:
01
REGISTER
P~YMENT
PAGE:
19
'/ ENDOR SEQUENCE
..EN DOR
I TEM NO#
DESCRIPTION
BANK
CHECK
STAT
DUE
DT
GROSS
DISC DT
I 325 32 70298
HP 61 INK, BLACK,TRICOLOR.'A )9
R
BALANCE
1/31/20 15
14.(~
G.'L ACCOUNT
I 3253270299
501-044 0
SUPPLIES & llATERIALS
24.89
HP Cl INK, BU.CK.TRICOLOR/ ADM.'
20
510 - 04 40
OFFICE EXPENSE
24.88
HP 61 INK, BLACK, TRICOLOR/ ADM/
20
511-04 40
OFFICE EXPENSE
24.88
HP 61 INK, BLACK.TRICOLOR/ ADM "
CLEAR BINDER P0CKETS / ADM IN
R
99
13 . · s
l .' 31/2015
501-0440
13. 68CR
13 . 68
13.68
""ENuJR TOTALS
CLEAR BINDER POCKETS I ADM IN
1,086 .14
REG. CHECK
1, 086. 1 4
l,086.14CR
0 . 00
0 . 00
SUTPHEN TOWERS , INC.
I 50000235
#317, I NSPECTION,CHASSIS ,AER 99
R
1 ' 31/2015
1,400 . 01)
10
503-0520
1 ,400.00
TRUCK & EQUI PMENT TESTING
VENDOR TOTALS
#317,INSPECTION,CHASSIS,AERIAL
l,400 . 00
REG. CHECK
1,400.00
THE FINISHING TOUCH
I 254504
2545 11
PD 4 STICKERS,9ll&BUCKLE UP 99
R
1/3 1/2015
65 . 00
502-0530
REPAIRS /MAINTENANCE
2 STRIPING .NEW INTERCEPTORS 99
C5.00CR
65.00
R
l /3 1 ,' 2015
PD 4 STICKERS,9ll&BUCKLE UP/PD
370 . 00
370.00CR
370 .00
10
502-0905
CAPITAL OUTLAY
185.00
2 STRIPING,NEW INTERCEPTORS.'PD
30
520-0905
CAPITAL OUTL.; Y
185.00
2 STRIPING,NEW INTERCEPTORS," PD
LETTERING.NEW l TON TRUCK/S 99
R
1/:: 1/2015
G/L AC.:OUNT
30
0.00
0.00
E5 . 00
G/ L ACCOUNT
I 254824
1,400 . 00CR
C~
G/ L ACCOUNT
10
1,400 . 00CR
l,400.00
G'L A.:COUNT
I
74 . 65CR
10
10
01 -0269
OUTSTANDING
74.65
G.'L ACCOUNT
01 -1139
PAYMENT
DISCOUNT
520-0905
'/ENDOR TOTALS
105 . 00
105. 00CR
105. 00
CAPITAL OUTLAY
REG. CHECK
105. 00
LETTERING.NEW l TON TRUCK/ STRE
540.00
540 . 00CR
5 40 . 00
0.00
0.00
1-27-2015
9:17 AM
PACKET:
\'ENDOR SET :
0l
PAGE:
20
VENDOR SEQUENCE
·r:NDOR
ITEM NO#
BANK
DESCRIPTION
CHECK
STAT
DUE
DT
GROSS
DISC DT
01-0709
BALANCE
OUTSTANDING
TYCO SIMPLEX/GRINNELL
I 77505;j23
BLDG ALARll llONITORING/ADM/P 99
R
l/31/ 2015
537 . 17
G.'L ACCOUNT
537.l72R
537.17
10
501-0340
GROUNDS-BLDG.'CLEAN/llAINT
268.58
BLDG ALARM MONITORING/ ADM/PD
10
502-0340
GROUNDS-BLDG/CLEAN/MJ\I NT
26~.S9
BLDG ALARM MONITORING/ADM/PD
'"ENDOR TOTALS
01-0011
PAYMENT
DISCOUNT
REG . CHECK
537.17
S37 . l7CR
S37 . l7
0.00
UNIFIRST C?RPORATION
I 22S 2883533
UNIFORM s--c/PARK 1 STREET,'WAT 99
R
l/31/2 015
70.30
G/L ACCOUNT
I 225 2883534
50
551-0210
UNI FORMS
5.8 ;
UNIFORMS/ p:;.RK
20
510-0210
UNIFORMS
22.84
UNIFJRMS ,'WATER
30
520-0210
UNIFORMS
41.57
UNIFORMS/STREET
UNIFORM SER..ICE/WWTP
9~
R
31. so
1/31/2015
I 22S 2884913
511 - 0210
31. so
UNIFORMS
UNIFORM s··ciPARK/STREET/WAT 99
R
so
5Sl-0210
UNIFORMS
5 . 89
20
Sl0-0210
UNIFORMS
22.84
UN I FORMS/WATER
30
S20-02l0
UNIFORMS
41. 57
UNIFORMS/STREET
UNIFORM SERVICE/WWTP
20
511 - 0210
99
R
UNIFORMS
31.SO
UNIFORM SVC/PARK/STREET/WAT 99
R
1/31/ 2015
UNIFORMS/SEWER
70.30
SSl-0210
UNIFORMS
5.89
20
510-0210
UNI FORMS
22.84
UNIFORMS'WATER
30
5_.i-0210
UNIFORMS
41 . 57
UNIFORIIS.1 STREET
UNIFORM SERVICE/WWTP
511 -0210
UNIFORM
70 . '.;0CR
70.30
50
20
3l.50CR
31.50
9~
R
l/31/2015
UNIFORMS/PARK
ol . 50
G/L ACC?UNT
I 22S 2887709
UNI FORMS/PARK
31. so
l /31/201S
G/L ACCOUNT
I 225 2886327
70.30CR
70.30
G/L ACCOUNT
I 225 2886326
UNIFORMS/SEWER
70.30
1 /31/ 2015
G/L ACCOUNT
I 225 2884914
3l . 50CR
31. so
G/ L ACCOUNT
20
70.30CR
70.30
3l.50CR
31. 50
31. so
UNIFORMS
s·::/ PARK/ STREET/ WAT 99
R
l/31/201S
UNI FORMS/SEWER
67.22
G/L ACCOUNT
67.22
so
SS l -0210
UNIFORMS
5 .8 9
20
Sl0-0210
UNIFORMS
22.84
UNI FORl•IS/PARK
UNIFORMS/WATER
67.22CR
0.00
1-27-2 015
9:17 AM
PACKET:
03711 ReJular Payments
"/ENDOR SET:
01
P;..GE:
21
VENC0R SEQUENCE
VENC')R
ITEM
NO~
DESCRIPTION
BANK
CHECK
STAT
DUE
DT
GROSS
DISC OT
30
I 2:5 28 87710
520 -0210
BALANCE
UNIFORMS
UNIFOR1 ! SERVICE/WWTP
38.49
99
R
l/31 ,'2 015
511-0210
31.50
UNIFORllS
REG. CHECK
CUPS,KLEENEX,PLATES,SIL--ERW 99
R
1/31/2015
404. 12
404.12CR
404 . 12
0 . 00
42.90
G/L ACCOUNT
10
I 201501229263
0 . 00
502-0440
201501~29264
BUBBLE WRAP,COFFEE ,S POONS/P 9 1
42. ~0
R
1/31/2015
3 1. 82
502-0610
19.88
BUBBLE WRAP,COFFEE,SP:)CNS / PD
10
502 - 0440
11.94
BUBBLE WRAP, CJFFEE,SPOONS/ PD
HANGARS,NAPKINS/POLICE
R
1/31/2015
22.37
502-0440
BOWLS,--ACUUM,TRASH CAN,PHON 99
10
503-0440
22.37
R
l/31/2015
2015 PLANNERS /WATER
OFFICE EXPENSE
120. f 2
R
l .'3 1/2015
510-0610
VENDOR TOTALS
BOWLS,VACUUM,TRASH CAN, PHONE C
72 .03
72.03CR
72 . 03
72 . 0}
GROUNDS-BLOO/CLEAN/MAINT
99
R
1/31/2015
CLIPBOAROS,LIGHTS,CLEANERS/FIR
11. 94
G/L ACCOUNT
20
120.62CR
120 . 62
CLIPBOARDS,LIGHTS,CLEANERS/ 99
503-0340
HANGARS,NAPKINS/POLI CE
120.62
G/L ACCOUNT
10
22 . 37CR
22 . 37
G/L ACCOUNT
I 20150122920
31. 82.::R
10
10
I 201501229266
CUPS,KLEENEX,PLATES,SIL..ERWARE
31.82
G/L ACCOUNT
20150 1 22~2 € 5
42.90CR
42 . 90
G/L ACCOUNT
I
UNIFORMS/SEWER
WALllART COMMUNITY BRC
I 201501229262
I
31 . 50CR
3 1.5 0
--ENMR TOTALS
01-0014
OUTSTANDING
UNIFORMS/STREET
31. 50
G/L ACCOUNT
20
P.WMENT
DISCOUNT
11. 94CR
11. 94
MATERIALS
~
SUPPLIES
REG . CHECK
11. 94
2015 PLANNERS/ WATER
301 . 68
301. 68CR
301. 68
0 . 00
0 . 00

C I T Y O F C A M D E N T O N

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