[Ord. No. 2009-44 §§1
— 6, 9-8-2009]
A. All
public works contracts shall be subject to the requirements of Section
292.675, RSMo., which requires all contractors or subcontractors doing
work on any said project to provide and require its on-site employees
to complete a ten (10) hour course in construction safety and health
approved by the Occupational Safety and Health Administration ("OSHA")
or a similar program approved by the Missouri Department of Labor
and Industrial Relations which is at least as stringent as an approved
OSHA program. The training must be completed within sixty (60) days
of the date work on the project commences. On-site employees found
on the worksite without documentation of the required training shall
have twenty (20) days to produce such documentation.
B. All
requests for bids shall specify the requirements of Section 292.675,
RSMo.
C. All
contracts awarded shall specify the requirements of Section 292.675,
RSMo., and shall include a notice of the penalties for a contractor's
failure to comply with that Statute.
D. All contractors, pursuant to Section 292.675, RSMo., shall forfeit to City as a penalty two thousand five hundred dollars ($2,500.00) plus one hundred dollars ($100.00) for each on-site employee employed by contractor or its subcontractor for each calendar day or portion thereof such on-site employee is employed without the construction safety training required in Subsection
(A) above. The penalty described in this Section shall not begin to accrue until the time periods described in Subsection
(A) above have elapsed. Violations of Subsection
(A) above and imposition of the penalty described in this Section shall be investigated and determined by the Missouri Department of Labor and Industrial Relations.
E. As
a condition of an award of bid for any contract in excess of five
thousand dollars ($5,000.00), bidder shall by sworn affidavit and
provision of documentation affirm its enrollment and participation
in a Federal work authorization program with respect to the employees
working in connection to the contracted services. Successful bidders
shall also sign an affidavit affirming that it does not knowingly
employ any person who is an unauthorized alien in connection to the
contracted services.
F. All
contracts entered into by the City shall have the requirements of
this Section within all invitations to bid and all awarded contract
documentation.