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General Provisions (00100-00999)

110Required Contract Provisions

MS · 2017 Standard SpecificationsBook pages 114115View official source ↗

Section 109 Section 109 of Certified Public Accountant's Auditing Standards. SECTION 110 - REQUIRED CONTRACT PROVISIONS

110.01 For Projects Constructed Without Federal Funds.

110.01.1 Statements and Payrolls. The submission by the Contractor of weekly

payrolls, or copies thereof, is not required . However, each Contr actor and Subcontractor shall preserve weekly payroll r ecords for a period of three year s from the date of Contract completion. All Contractor personnel wo rking at the project site will be paid unconditionally and not less often than once a week without subsequent deduction or rebate on any account, except such payroll dedu ctions as are permitted by regulations or law, the full amounts of wages and bona fide fringe benefits due at time of payment. The payroll records shall contain the name, cla ssification, rate of pay, daily and weekly number of hours worked, itemized deductions and actual wages paid to each employee. Upon request, the Contractor will make payro ll records available at the project site for inspection by the Department Contract Comp liance Officer or authorized representative and will permit such officer or representative to interview employees on the job during working hours. The Contractor and Subcontractors shall submit Form CAD-880, "Weekly Summary of Wage Rates", each week to the Project Engin eer. Form CAD-880 is required each week the Contractor or a Subcontractor performs work on the project. The forms may be obtained from the Contract Compliance Of ficer in the Department’s Contract Administration Division. Custom forms, approved by Contract Administration Division, may be used in lieu of CAD forms.

110.02 For Projects Constructed With Federal Funds.

110.02.1 Statements and Payrolls. The Contractor and Subcontractors shall submit

weekly copies of all payrolls to the Project Engineer and meet the requirements of U. S. Department of Transportation Form FHWA 1273, on projects constructed in whole or in part with Federal funds. On Federal-Aid Projects, CAD-880,"Weekly Summary of Wage Rates", CAD-881, "Weekly Statement of Compliance", and certified payroll submissions are required each week the Contractor or a Subcontractor perfor ms work on the project. This is addressed in Section IV of Form FHWA-1273. W h e n n o w o r k i s p e r f o r m e d o n e i t h e r F e deral-Aid or State-Funded Projects, the Contractor should only submit CAD-880 showing no work activities. The CAD forms may be obtained from the MDOT Contract Administration Division. Custom forms, approved by the Contract Administration Division, may be used in lieu of CAD forms. The Contractor shall make all efforts necessary to submit this information to the Project Engineer weekly. The Engineer will have the authority to suspend the work wholly or in part and to withhold payments if the Contractor fails to submit the required information. Submission of forms and payrolls shall be current through the first full week of the month for the estimate period in order for the Project Engineer to process an estimate.

110.02.2 Wage Rates. All persons employed or working upon the site of the work will

be paid at wage rates not less than those contained in the wage determination decision of the Secretary of Labor in effect 10 days prior to taking bids. Regardless of the wage rates listed in the Contract, minimum federal wage rates must be paid. When a Contract consists of work in two or more counties, workers shall be paid the higher wage rate listed in the Contract regardless of the county in which work is being performed.

110.02.3 Classification. The Department Contract Compliance Officer shall require

that any class of laborers or mechanics, including apprenti ces and trainees, that is not listed in the wage determination and that is to be employed under the Contract, shall be classified or reclassified confor mably to the wage determination.

Division 200 — Division 200

Division 200 — Earthwork and Roadside Development

SECTION 201 - CLEARING AND GRUBBING

201.01 Description . This work consists of clearing, grubbing, removing and disposing

of all items and objects within the limits of the rights-of-way, eas ement areas or areas shown on the plans or in the c ontract documents that are not de signated to remain or to be removed in accordance with other provisions of the contract. This work shall also include the preservation of all ve getation, objects or materials designated to remain or to be salvaged, and the removal and satisfactory disposal of obstructions and salvageable material when their removal and disposal is not otherwise provided in the contract. The requirements for removal and disposal sha ll be in accordance with the provisions and requirements of Subsections 104.05 and 107.25, and Section 202. When the contract proposal does not incl ude an item of clearing and grubbing, the necessary work shall be performed in accordan ce with this section and will be considered as a subsidiary obligation of the Contractor under other contract items.

201.02 Blank.

201.03 Construction Requirements.

201.03.1 Clearing and Grubbing.

201.03.1 1--General . The Engineer will establish rights-of-way, easements, construction

lines and designate all trees, shrubs, plants and items to remain. It is the intent of these specifications that desirable natural growth within the rights-of- way and easements be preserved where practicable. Undesirable growth and other things that detract from the aesthetic value of the completed work or interfere with construction or future maintenance shall be removed. In areas where desirable natural growth is designated to remain, the Contractor shall thin or trim shrubbery and live trees to the extent consistent with the intent of these specifications. Use of methods or equipment that might mar or destroy vegetation designated to remain will not be permitted. It shall be the responsibility of the Contractor to consider all rights-of-way agreements with the property owners regarding merchantable timber prior to submitting a bid. Merchantable timber conveyed to the State and required to be removed will become the property of the Contractor unless specifically designated otherwise in the contract documents. All clearing and grubbing necessary for setting construction stakes shall be completed a satisfactory distance ahead of the grading operations.

201.03.1 2--Clearing and Grubbing. Surface objects, trees, stumps, roots and other

protruding or underground obstructions, not designated to remain, shall be cleared and grubbed, including mowing, as required. Undisturbed stumps shall be cut off no more than six inches above the ground line or water level. Undisturbed stumps and non- perishable solid objects that are a minimum of three feet below subgrade or slope of embankment may be left in place when author ized by the Engineer. Stumps and non- perishable solid objects in swampy or wo oded areas where mowing is not anticipated

Source: Mississippi Standard Specifications for Road and Bridge Construction, 2017 Edition. Pages 114115 of 1,113.