Deer Creek Preserve Phase One Development

Bid Documents Project Manual 02.28.2023 Deer Creek Preserve Phase One Development 9810 South Forty Drive Ladue, Missouri 63124 Bid Submittal Date: Thursday March 30, 2023 @ 10:00 AM Prepared For: City of Ladue Department of Public Works 9345 Clayton Road Ladue, Missouri 63124 Prepared By: SWT Design 7722 Big Bend Blvd St. Louis, Missouri 63119 Table of Contents DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS 1. - Bid Notice Pg. 1 2. - Contract Agreement Pg. 6 3. - Instructions to Bidders Pg. 8 4. - Bid Form Pg. 3 5. - Affidavit of Work Authorization Pg. 1 6. - Special Proposal Requirements – Bid Bond Pg. 1 7. - Anti-Collusion Statement Pg. 1 8. - Signature and Identity of Bidder Pg. 1 9. - Bidder’s Acknowledgement Pg. 1 10. - Subcontractor Certification Regarding Affirmative Action Pg. 1 11. - Performance Bond Pg. 2 12. - Payment and Materials Bond Pg. 3 13. - Prevailing Wage Affidavit Pg. 1 14. - Final Pay Affidavit Pg. 1 15. - General Conditions Pg. 23 16. - Annual Wage Order

#29 – St. Louis County Pg. 4 DIVISION 01 - GENERAL REQUIREMENTS 012300 - Bid Alternates Pg. 2 012500 - Substitution Procedures Pg. 4 013100 - Project Management and Coordination Pg. 7 013300 - Submittal Procedures Pg. 8 014000 - Quality Requirements Pg. 7 014200 - References Pg. 2 015000 - Temporary Facilities and Controls Pg. 3 015639 - Temporary Tree and Plant Protection Pg. 6 016000 - Product Requirements Pg. 3 017300 - Execution Pg. 5 017700 - Closeout Procedures Pg. 5 017839 - Project Record Documents Pg. 3 DIVISION 02 - EXISTING CONDITIONS 024119 - Selective Demolition Pg. 3 DIVISION 03 - CONCRETE 033000 - Cast-in-Place Concrete Pg. 6 DIVISION 31 - EARTHWORK 311000 - Site Clearing Pg. 3 312000 - Earth Moving Pg. 11 DIVISION 32 - EXTERIOR IMPROVEMENTS 321216 - Asphalt Paving - FOLLOW ST. LOUIS COUNTY TRANSPORTATION STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION, DIVISION 400 (LATEST EDITION) Reference 321723 - Pavement Markings - FOLLOW ST. LOUIS COUNTY TRANSPORTATION STANDARD SPECIFICATIONS FOR ROAD AND BRIDGE CONSTRUCTION, (LATEST EDITION), SECTION 1048 PAVEMENT MARKING MATERIAL Reference 323119 - Steel Ornamental Fencing System Pg. 4 323125 - Wood Composite Fences and Gates Pg. 5 329115 - Soil Preparation Pg. 9 329200 - Turf and Grasses Pg. 11 329300 - Plants Pg. 17 BID NOTICE City of Ladue, Department of Public Works 9345 Clayton Road, Ladue, MO 63124 (314) 993-5665 The City of Ladue Public Works Department is soliciting bids for Deer Creek Preserve Phase One Development, a new park located at 9810 South Forty Drive. Scope of work includes, but is not limited to, general site preparation, site grading, construction of asphalt trail, parking lot with new access from Outer Forty, bridge with abutments, fencing, and landscape. Sealed bids will be received until 10:00 am; Thursday, March 30, 2023, in the Building Department, 9345 Clayton Road; Ladue, MO 63124. Bids will be promptly opened and read aloud. The City reserves the right in the City’s sole discretion to reject any and all bids, to waive technicalities or deficiencies in any or all bids, to negotiate with any or all bidders or others for more favorable terms or prices, to award on any bid that is most advantageous and to investigate the experience and ability of the bidder to perform the work. A prebid meeting and site walk will be held on Tuesday March 7, 2023 at 10:00 AM at the Deer Creek Preserve site. Parking and meeting will occur at the existing City of Ladue composting site entry on South Forty Drive. Project site is not open to public access so attendance at this meeting is highly recommended for interested contractors. Plans and Specifications may be obtained from Drexel Technologies, 135 A Weldon Parkway, Maryland Heights, MO 63043 / www.drexeltech.com / 314-872-0900. A non-re- fundable fee will be charged. Questions about the project should be directed to Anne Lamitola, Director of Public Works: (314) 993-5665 / alamitola@cityofladue-mo.gov. Prevailing wages according to the current Missouri State Department of Labor Relations must be paid, as contained in the bid documents. Bids should be accompanied by a bid surety in the form of a certified check or bid bond for 5% of the bid total. Contractor shall require all on-site employees to complete a 10-Hour OSHA construction safety program, or similar program approved by the Department of Labor and Industrial Relations, within sixty (60) days of beginning work on the construction project, as more fully set forth in the bid documents. The successful bidder shall be required to execute the City Contract Agreement contained in the bid documents. The City of Ladue hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, minority Disadvantaged Business Enterprises (DBE) will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, religion, creed, sex, age, ancestry, or national origin in consideration for an award. Bids must be submitted on the forms provided in this document and signed by an authorized officer of the company. No partial or incomplete bids will be accepted. Anne C. Lamitola, P.E. Director of Public Works NC-2 http://www.drexeltech.com/ mailto:alamitola@cityofladue-mo.gov CONTRACT AGREEMENT This agreement, made this day of in the year Two Thousand by and between , hereinafter called the contractor, and the City of Ladue, Missouri, hereinafter called the City. Now therefore, the contractor and the City, for consideration of the amount of , agree as follows: ARTICLE 1. SCOPE OF THE WORK: The contractor shall furnish all of the tools, equipment, labor and everything else necessary to perform, and shall perform in accordance with the specifications and terms of this contract. The work includes all work and materials necessary for the work as described in the plans and specifications for the Deer Creek Preserve Phase One Development. ARTICLE 2. TIME OF COMPLETION: The Notice of Award is anticipated to be issued following the April 17, 2023 City Council Meeting. The Notice to Proceed is anticipated to be issued on May 1, 2023. The contractor shall fully complete all work under this contract by November 3, 2023. The rate of progress and the time of completion being essential conditions of this contract. The Contractor agrees and acknowledges that time is of the essence of this Agreement and that delay in the prosecution of the Work and the Project will inconvenience the public and increase administrative costs of the City, the costs of which the Contractor and the City are incapable of ascertaining at this time. Should the Contractor, or in the case of Contractor’s default, the surety, fail to complete the Work within the time stipulated in this Agreement, or within such extension of time as may be allowed by the City in the manner set forth in the Contract Documents, the Contractor (or surety, as applicable) shall pay to the City as liquidated damages, and not as a penalty, the sum of two hundred and fifty dollars ($250.00) for each calendar day that the Work remains uncompleted after the time allowed for the completion, including approved extensions. In the sole discretion of the City, the amount of the liquidated damages may be deducted from any money due the Contractor under this Agreement. Permitting the Contractor to finish the Work or any part thereof after the expiration of the time for completion or any approved extension, shall in no way operate as a waiver of the City of any of rights under this Agreement. ARTICLE 3. T H E C O N T R A C T S U M A N D P A Y M E N T S : Based upon Applications for Payment submitted by the Contractor on or before the twentieth day of the month for work performed and materials purchased and secured, in accordance with the General Conditions, the City shall pay the Contractor for the performance of the Work, the sum of $ (the "Contract Sum") as follows: 1. On or about the tenth day of each following month, ninety (90) percent of the portion of the Contract Sum properly allocable to labor, materials and equipment incorporated into the Work, and ninety (90) percent of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site to be incorporated into the Work, through the period ending up to the twentieth of the preceding month, less the aggregate of all previous progress payments; 2. Upon completion of the Work, a sum sufficient to increase the total payments to ninety (90) percent of the Contract Sum; and 3. Final payment within sixty (60) days after the Work is fully completed and accepted by the City and the Contract fully performed. Submission of the Prevailing Wage Law Compliance affidavit executed by the Contractor and properly notarized is required prior to final payment. ARTICLE 4. FINAL PAYMENT AND ACCEPTANCE: When all work provided for under this contract has been completed in conformance with the specifications and requirements of this contract, and accepted without regard to the provisions of guarantee as provided under the terms of this contract, a final pay application will be submitted by the Contractor and approved by the City Director of Public Works and filed with the City and with the contractor within fifteen (15) days after the date of acceptance of the work as a statement of the amount due the contractor. This pay application shall include remaining work completed and 10% project retainage and deducting any sum properly deductible under this contract. ARTICLE 5. THE CONTRACT DOCUMENTS: The Advertisement for Bids, Project Manual including Bonds, Certifications, General Conditions & Specifications, Wage Rates, and Bid Proposal, together with this Agreement form the Contract. ARTICLE 6. RATES OF PAY: The Contractor hereby agrees that the prevailing rates of pay as determined by the Department of Labor and Industrial Relations of the State of Missouri shall be paid to skilled and unskilled labor employed under the terms of this contract. A copy of the applicable Wage Order and incremental Increases for each occupational title required under this Project is included in the Project Manual. The contractor shall forfeit to the City one hundred (100) dollars of each workman employed, for each calendar day, or portion thereof, such workman is paid less than the said stipulation rates for any work under said contract, by him or by any subcontractor under him. ARTICLE 7. SUPERVISION: The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract regardless by whom such is performed, unless Contract Documents give other specific instructions concerning those matters. Work consists of the work as described in the Project Manual. ARTICLE 8. SAFETY: The City of Ladue, and the City of Ladue’s Representative may have personnel on the project site from time to time. All information and/or instructions shall be requested in writing by the Contractor and responded to in writing. No opinion or instructions will be given to the Contractor on safety. The Contractor shall be solely responsible for the safety on and around the project site, including but not limited to, excavation, shoring, ladders, drop cords, scaffolding, barricades, construction means, methods, techniques, sequences, and procedures. ARTICLE 9. INDEMNITY: To the fullest extent permitted by law, the Contractor agrees to defend with counsel selected by the City, and indemnify and hold harmless the City, its officers, engineers, representatives, agents and employees from and against any and all liabilities, damages, losses, claims or suit, including costs and attorneys’ fees, for or on account of any kind of injury to person, bodily or otherwise, or death, or damage to or destruction of property, or money damages, or trespass, or any other circumstances, sustained by the City or others, arising from the Contractor’s breach of the Contract or out of services or products provided by the Contractor or its subcontractors under the terms of this Contract. The Contractor shall not be liable for any loss or damage attributable solely to the negligence of the City. To the extent required to enforce this provision, the Contractor agrees that this indemnification requires the Contractor to obtain insurance in amounts specified in the Contract Documents and that the Contractor has had the opportunity to recover the costs of such insurance in the compensation set forth in this Agreement. In any and all claims against the City or any of its agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, this indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under workmen’s compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 10. ATTORNEY FEES’ AND COSTS: The Contractor shall reimburse to the City any costs and attorneys’ fees that the City may reasonably incur in pursuit of any remedies at law or equity or enforcement of any rights established in this Agreement, which may result from the Contractor’s breach of the Agreement, the Contractor’s failure to perform any obligation or requirement contained herein, or the City’s enforcement of this Agreement. ARTICLE 11. ONE YEAR CORRECTION PERIOD: The Contractor expressly guarantees the aforesaid Work as to workmanship and quality of materials used in connection herewith for a term of one (1) year, commencing on the date of final acceptance by the City, and binds itself, its successors or assigns, to make all repairs or replacements which may become necessary within said period due to construction defects and nonconformity with the Contract Documents. Upon expiration of the one (1) year correction period, the City shall release the Performance and Maintenance Bond, less any amounts reasonably necessary to remedy any of the Contractor’s performance and/or maintenance obligations under this Agreement that may still be outstanding at the time. Contractor’s general warranty obligations required by the General Conditions and the one-year correction period as required herein, as well as any other obligation to provide surety or a bond, are each an independent and separate obligation of Contractor. The release or expiration of any guaranty, or any other surety or bond provided for in this Agreement shall not release, or be claimed to release, the obligation to complete the Work according to all warranties, specifications, and requirements expressed or implied by this Agreement or required by applicable law. ARTICLE 12. TAXES: The City is exempt from federal excise tax and Missouri sales tax and the Contractor shall not charge the same to the City and shall comply in all respects with the Special Sales Tax Provisions of the General Conditions. ARTICLE 13. OTHER REPRESENTATIONS, WARRANTIES AND OTHER COVENANTS BY THE CONTRACTOR: The Contractor represents and warrants that the Contractor has been engaged in such Work as is required for the Project and has provided services such as the ones to be performed under this Agreement to other municipalities and/or private enterprises and that the Contractor owns sufficient equipment and engages sufficient personnel to perform the Contractor’s obligations under this Agreement. The Contractor further represents and warrants that the Contractor is an equal opportunity employer. The Contractor agrees that the Contractor shall not use in any form or medium the name of the City for any advertising unless the Contractor receives the prior written consent of the City. ARTICLE 14. AMENDMENT; WAIVER: No amendment, modification or waiver of any provision of this Agreement shall be effective unless in a writing signed by an authorized representative of the party against whom such provision as amended or modified or such waiver is sought to be enforced. Failure to insist upon strict compliance with any of the terms or conditions of the Agreement shall not be deemed a waiver of such term or condition. ARTICLE 15. CHOICE OF LAW: This Agreement shall be governed by and construed and interpreted in accordance with the internal laws of the State of Missouri, without regard to its principles of conflict of laws. ARTICLE 16. SEVERABILITY: The invalidity or unenforceability of any portion or provision of this Agreement shall not affect the validity or enforceability of any other portion or provision of this Agreement, which shall remain in full force and effect to the maximum extent permitted by law. ARTICLE 17. COUNTERPARTS: This Agreement may be executed in one or more counterparts each of which shall be deemed an original and all of which shall constitute one and the same agreement. ARTICLE 18. INDEPENDENT CONTRACTOR: The Contractor shall be and operate as an independent Contractor in the performance of this Contract. General Contractor shall have complete charge of the personnel engaged in the performance of the Work, and all persons employed by the Contractor shall be employees of said Contractor and not employees of the City in any respect. The Contractor shall supervise and direct the Work, using his best skill and attention. He shall be solely responsible for all construction means, methods, techniques, sequences, and procedures and for coordinating all portions of the Work. ARTICLE 19. PAYMENT BOND: If the Contract Sum is in excess of $50,000 or if required on the Notice of Award, the Contractor shall furnish within five (5) days of notification of contract award a satisfactory Payment Bond in the full amount of the Contract Sum. The Payment Bond furnished shall meet all requirements of Section 107.170 of the Revised Statutes of Missouri, as amended, and shall guarantee the payment of any and all materials, incorporated, consumed or used in connection with the construction of such work, and all insurance premiums, both for compensation, and for all other kinds of insurance, said work, and for all labor performed in such work whether by subcontractor or otherwise, including payment of prevailing wage requirements of the State of Missouri. The submitted Payment Bond shall be substantially in the form of the “Form of Payment Bond” included within the Bid Documents. ARTICLE 20. PERFORMANCE AND MAINTENANCE BOND: The Contractor shall also furnish within five (5) days of notification of contract award a satisfactory Performance and Maintenance Bond in the full amount of the Bid based on the bid quantities listed on the Bid Proposal form. The Performance and Maintenance Bond furnished shall guarantee the faithful performance of the Work and warrant the Work for the guaranty period established in this City-Contractor Agreement. The submitted Performance and Maintenance Bond shall be substantially in the form of the “Form of Performance and Maintenance Bond” included within the Bid Documents. ARTICLE 21. REQUIRED OSHA TRAINING: Pursuant to Section 292.675 RSMo., Contractor shall require all on-site employees to complete the ten-hour training program as required under Subsection 292.675.2 RSMo. This program shall be provided by Contractor and shall be a ten-hour Occupational Safety and Health Administration (“OSHA”) construction safety program for Contractor’s on-site employees which includes a course in construction safety and health approved by OSHA or a similar program approved by the Missouri Department of Labor and Industrial Relations (“MoDOLIR”) which is at least as stringent as an approved OSHA program. All employees are required to complete the program within sixty days of beginning work under this Agreement. Contractor shall further require all subcontractors under Contractor to provide the ten-hour training program required under Subsection 292.675.2 RSMo. to such subcontractors’ on-site employees. On-site employees who have previously completed such ten-hour training program must hold documentation of prior completion of the program. Notice is hereby given to Contractor that it shall be subject to the penalties set forth in Subsection 292.675.4 RSMo. and such penalties shall be forfeited to the City pursuant to such Subsection. MoDOLIR shall investigate any claim of violation of Section 292.675 RSMo. Upon City’s receipt of notification from MoDOLIR of violations of 292.675 by Contractor and a determination by MoDOLIR that penalties shall be assessed for such violations, the City shall withhold and retain from the contract all sums and amounts due and owing to the City as a result of any violation of Section 292.675 RSMo. All words in this paragraph shall have the definitions as provided in Section 292.675.1 RSMo. ARTICLE 22. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAW: The Contractor shall comply with all applicable federal, (including specifically Title VI of the Civil Rights Act of 1964), state and local law requirements for performance under this Agreement. Contractor shall comply with Section 34.353 RSMo. to the extent applicable to this Agreement. The Contractor shall abide by all health and environmental requirements imposed by law in performance of its duties. IN WITNESS WHEREOF the parties hereto have caused this instrument to be executed in three (3) original counterparts as of the day and year first above written. CONTRACTOR Company Name BY President Secretary CITY OF LADUE, MISSOURI BY ATTEST City Clerk INSTRUCTIONS TO BIDDERS SCOPE OF WORK Scope of work includes, but is not limited to, general site preparation, site grading, construction of asphalt trail, parking lot with new access from Outer Forty, bridge with abutments, fencing, and landscape. The successful bidder will be responsible to check all quantities for this work before starting. Questions regarding quantities will not be entertained after work has begun. BID SUBMITTAL Bids will be accepted at the Ladue City Hall - Building Department, 9345 Clayton Road, Ladue, MO 63124, until 10:00 am on Thursday, March 30, 2023. Bids must be submitted on the forms provided and signed by an authorized officer of the company. No partial or incomplete bids will be accepted. BID BOND A surety in the form of a certified check or a bid bond in the amount of 5% of the bid total must accompany all proposals. Bid bonds will be returned after a Notice To Proceed is issued to the successful bidder. The tentative schedule for the award is the City Council meeting on April 17, 2023. PRE-CONSTRUCTION MEETING The successful bidder shall be required to have their on-site supervisor in attendance at the pre- construction meeting. PAYMENT AND PERFORMANCE BOND Upon award of contract, the successful contractor shall, within ten working days, file with the City a payment bond and a performance bond in the amounts of 100% of the contract amount. Forms for the required bonds are included in this Project manual. CERTIFICATE OF INSURANCE The contractor and any subcontractor shall indemnify and save harmless the City from all suits or action of every name and description brought against the City for or on account of any personal injuries, including accidental or resulting death, or property damages received or claimed to be received or sustained by any persons due to the construction of the work, or by, or in consequence of any hazard, or of any negligence by the contractor or subcontractor, his agents or employees or assigns in safeguarding it, or due to any improper material used in the construction, or by, or on account of any act or omission of the contractor or subcontractor, his employees, agents or assigns. The contractor shall carry adequate public liability and property damage insurance for the joint and several benefit of the contractor and the City with a company licensed to do business in the State of Missouri and satisfactory to the City and in the amount not less than those specified below. The amounts of coverage required for public liability of the contractor in protecting the City from damage or injury claims. The City shall have the right to require the contractor to increase any or all such insurance policy limits while the contract work is in progress in the event the City Director of Public Works determines that unusual or special risks revealed by the work so required and in such amounts as the City Director of Public Works may determine to be adequate, and without thereby limits the liability of the contractor in protecting the City from damage or injury claims. As partial security for the defense of claims and the payments required under such indemnity, the contractor and any subcontractor shall furnish at his cost, an owner's protective insurance policy satisfactory to the City naming the City as insured for amounts not less than the contractor's public liability and property damage insurance covering the work. The contractor shall comply fully with the requirements of the workmen's compensation act of the State of Missouri and shall furnish evidence that the contractor is insured thereunder. The coverage shall insure the City and their employees while acting within the scope of their duties against all claims arising out of or in connection with the work to be performed. The cost of the insurance shall be included in the prices for the various items of work and no additional payment will be made therefore. Without limiting his liability under this contract, the Contractor shall procure and maintain at his expense during the life of this contract insurance of the types and in the minimum amounts stated below: 1. Workers' Compensation Insurance in full compliance with the Missouri Workers Compensation Act, and Employers Liability with limits of not less than $1,000,000/$1,000,000/$1,000,000 2. Comprehensive General Liability General Aggregate - $3,258,368 single occurrence or accident - $488,755 any one person in a single accident or occurrence 3. Comprehensive Automobile Liability General Aggregate - $3,258,368 single occurrence or accident - $488,755 any one person in a single accident or occurrence 4. Commercial Umbrella/Excess Liability General Aggregate - $1,000,000 The Comprehensive Liability Policy shall include blanket contractual liability coverage or a contractual liability endorsement covering the liability assumed by the Contractor under this agreement with limits not less than those specified in sub-paragraph 2 hereof. The certificates of insurance to be furnished hereunder shall reflect such coverage. Nothing in this requirement or the Contract Documents shall be deemed a waiver of the City’s sovereign immunity. Said insurance shall be written by a company or companies licensed to do business in the State of Missouri and satisfactory to the City. Before commencing any work hereunder, certificates evidencing the maintenance of such insurance shall be furnished to the City. Certificates of insurance sent to the City as evidence of insurance shall contain the following statements; and in the absence, the certificate will not be satisfactory to the City. (a) Insurance evidenced by this certificate will not be canceled or altered except 10 days after receipt by the City of Ladue, Missouri of written notice thereof. (b) The insurance evidenced by this certificate expressly includes blanket underground coverage including, but not limited to, injury to or destruction of wires, conduit pipes, mains, sewers, or other similar property, or any apparatus in connection therewith below the surface of the ground, whether or not such injury is caused by and occurs during the use of mechanical equipment, for the purpose of grading of land, paving, backfilling, excavating, or drilling, or to injury to or destruction of property at any time resulting therefrom. (c) The insurance evidenced by this certificate expressly includes personal injury or death by injury to or destruction of any property arising out of blasting or explosion, or the collapse of or structural injury to any buildings or structures due to grading of land, excavation, burrowing, filling, backfilling, or tunneling. Contractors shall not subcontract the performance of any part of the work without requiring the subcontractor to procure and maintain insurance in the forms and amounts approved by the City. CONTRACTOR'S RESPONSIBILITY Nothing in these specifications shall be construed as placing the work under the specific direction or control of the City or relieving the Contractor from his liability as an independent contractor and, as such, he shall be solely responsible for the method, manner and means by which he shall perform his work, including, but not limited to supervision and control of his own personnel, and scheduling of the work required to insure its proper and timely performance and he shall exercise due care to prevent bodily injury and damage to property in the prosecution of the work. Until the work is accepted, it shall be in the custody and under the charge and care of the Contractor, and he shall take every necessary precaution against injury or damage to the work by the action of all the elements, or from any other cause whatsoever. The Contractor shall restore and make good at his own expense all injuries or damages to any portion of the work before its completion and acceptance. Issuance of any estimate or partial payment to the Contractor for any part of work done will not be considered as final acceptance of any work. The Contractor agrees to assume and shall have full and sole responsibility for compliance with all Federal, State and Municipal laws and regulations in any manner affecting the work to be performed by the Contractor or subcontractors, including, without limiting the generality of the foregoing, the laws of the State of Missouri relating to the "Safety of Construction Works in Certain Cities," as amended or as may be amended. CONSTRUCTION LIMITS The construction limits are identified on the bid drawings. General Contractor shall limit their operations accordingly and shall not enter upon private property nor place any materials thereon. No activity outside the defined limits of construction shall be performed without the express written permission of the property owner and City. Suitable temporary barriers shall be provided to protect traffic from the Work if necessary. At all times until final acceptance of the Work, the Contractor shall provide and maintain such signs, lights, barriers, cones, watchmen or flaggers as may be necessary to properly protect the Work and provide for safe and convenient public travel. In the case of open excavations or other potentially hazardous conditions existing during non-working periods, the traveling public will be protected and advised by signs and flasher barricades. Parking of equipment or storage of materials on or near the Project site will be permitted only if adequate protective devices are provided and then only for the minimum time required for any specific job. PROSECUTION OF WORK The Contractor shall give his personal attention to the work while in progress and shall provide a competent and reliable superintendent at all times who shall have full authority to act for him. No work will be accepted or paid for by the City unless the contractor has provided 24 hours notice of commencement of work. This will allow the City to have an inspector present. Any discrepancies or question pertaining to the extent of the work shall be submitted immediately to the Public Works Director. If the Contractor fails to begin the work within the time specified, or fails to perform the work with sufficient workmen and equipment or performs his work unsuitably or neglects or refuses to remove materials or perform anew such work as has been rejected as defective and unsuitable, or discontinues the prosecution of the work, or for any other cause whatsoever does not carry on the work in an acceptable manner, or if the Contractor becomes insolvent or declares bankruptcy, or commits any act of bankruptcy or insolvency, or allows any final judgment to stand against him unsatisfied for a period of forty-eight (48) hours, the City shall give notice in writing, by registered mail, to the Contractor and surety of such delay, neglect, or default. If the Contractor and his surety after such notice, does not proceed to properly prosecute the work within ten (10) days, the City shall have full power and authority, at the City's option and without violating the contract or bond, to take over the completion of the work, to appropriate or use any or all materials and equipment on the ground that may be suitable and acceptable, or to enter into agreements with others for the completion of said contract according to the terms and provisions thereof, or to use such other methods as may be required for the completion of said contract in an acceptable manner. For all costs and charges incurred by the City, together with the cost of completing the work under the contract, the Contractor and his surety shall be liable and such costs may be deducted from any monies due, or which may become due the Contractor. In case the expense so incurred by the City for work equal in quality and quantity to that required of the Contractor hereunder, is less that the sum which would have been payable under the Contract if it had been completed by the Contractor, the Contractor shall be entitled to receive the difference, and in case such expense for work equal in quality and quantity to that required of the Contractor hereunder, exceeds the sum which would have been payable under the contract, the Contractor and his surety shall be liable and shall pay to the City the amount of said excess. Failure of the City to take action as stipulated above shall not relieve the Contractor and surety of their obligations. QUALIFICATION OF BIDDER. The City may make such investigations as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the City, all such information and data for this purpose as the City may request. The City reserves the right to reject any bid, if the evidence submitted by, or investigation of, such bidder fails to satisfy the City that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted. CONDITION OF WORK Each bidder must inform themself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligation to furnish all material and labor necessary to carry out the provisions of this contract. Insofar as possible the contractor in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor. NOTICE TO PROCEED The required payment and performance bond, executed contracts, and certificate of insurance should be completed by the contractor, within 10 days of the Notice of Award which is anticipated to be issued on April 17, 2023. The projected Notice to Proceed Date is anticipated to be May 1, 2023. SCHEDULE All work awarded shall be completed by December 8, 2023. PAYMENT The Contractor shall be entitled to monthly payments, if required, for work performed and materials purchased and secured in the previous 30 days. Before the final payment is made, the Contractor shall furnish to the City, a final pay application, the appropriate lien waivers, a copy of the completed "Contractors Report of Construction Wage Rates” sent direct to the State Division of Labor Standards, and a certified copy of the payroll for this project. Payment will be made within thirty (30) days after acceptance by the City, of the completed work, and proper submission of the aforementioned paperwork. Final payment shall not relieve the Contractor of responsibility for faulty materials or workmanship and he shall remedy any defects due thereto and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of final acceptance. MISSOURI PREVAILING WAGE NOTICES AND OTHER REQUIREMENTS A Wage Determination for the Missouri Division of Labor Standards is attached and made part of these specifications. The successful contractor is expected to comply with all applicable provisions for the payment of wages relating to Public Works Construction projects. Not less than the prevailing hourly rate of wages, as set out in the wage order attached to and made part of the specification for work under the contract, must be paid to all workers performing work under the contract unless the amount of the bid accepted by the City is in the amount of seventy-five thousand dollars or less and is not subject to a change order that result in the project cost in excess of seventy-five thousand dollars. The contractor will forfeit a penalty to the contracting public body of $100 per day (or portion of a day) for each worker that is paid less than the prevailing rate for and work done under the contract by the contractor or by any subcontractor. Every transient employer, as defined in section 285.230, RSMO, enclosed in the laws section, must post in a prominent and easily accessible place at the work site a clearly legible copy of the following: (1) The notice of registration for employer withholding issued to such transient employer by the director of revenue. (2) Proof of coverage for workers’ compensation insurance or self-insurance signed by the transient employer and verified by the department of revenue through the records of the division of workers’ compensation; and (3) The notice of registration for unemployment insurance issued to such transient employer by the division of employment security. Any transient employer failing to comply with these requirements shall, under section 285.234, RSM), enclosed in the laws section, be liable for a penalty of $500 per day until the notices required by this section are posted as required by that statute. COMPLIANCE WITH STATE IMMIGRATION STATUTES As a condition for the award of the Contract, the Contractor 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 with the Work, if any. The Contractor shall also sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the Work. Such affidavits shall be in substantially the form provided in this Project Manual. The Contractor shall not be required to provide these affidavits to the City if such affidavits have been previously provided to the City within the past year. All words in this paragraph shall have the definitions as provided in Section 285.525 R.S.Mo. Pursuant to Section 208.009 R.S.Mo., the Contractor must attached to the Bid Proposal the affirmative proof that the Authorized Representative for the Contractor is a citizen or a permanent resident of the United States or is lawfully present in the United States. The Applicant for the Contractor shall be the person authorized to prepare, submit and sign contract documents on behalf of the Contractor and shall be eighteen years of age or older. Such affirmative proof shall include documentary evidence recognized by the Missouri Department of Revenue when processing an application for a driver's license, a Missouri driver’s license, as well as any ID issued by the federal government that confirms an alien’s lawful presence in the United States. An Applicant who cannot provide the proof required under Section 208.009 R.S.Mo. at the time of submission of any bid may alternatively sign an affidavit under oath, attesting to either United States citizenship or classification by the United States as an alien lawfully admitted for permanent residence. The affidavit shall be on or consistent with forms prepared by the City, which shall be available from the City Clerk if needed. Any Applicant who signed an above- described affidavit must provide proof of lawful presence within the time provided in Subsection 208.009.5 R.S.Mo. for temporary public benefits and failure to provide such proof within such time may result in the City rescinding and voiding any Contract awarded to the Consultant. OSHA TRAINING PROVISIONS Missouri law, 292.675 RSMO, requires the Contractor and its subcontractor(s) to provide a ten hour occupational safety and health administration (OSHA) construction safety program (or a similar program approved by the Missouri Department of Labor and Industrial Relations as a qualified substitute) for their on-site employees (laborers, workmen, drivers, equipment operators, and craftsmen) who have not previously completed such a program and are directly engaged in actual construction of the improvement (or working at a nearby or adjacent facility used for construction of the improvement). The Contractor and its subcontractor(s) shall require all such employees to complete this ten-hour program, pursuant to 292.675 RSMo, unless they hold documentation on their prior completion of said program. Penalties for non-compliance include Contractor forfeiture to City of Ladue in the amount of $2,500, plus $100 per contractor and subcontractor employee for each calendar day such employee is employed beyond the elapsed time period for required program completion under 292.675 RSMo. LIQUIDATED DAMAGES The penalty for not completing the project within the time stipulated in the section titled, "SCHEDULE" is stipulated at Two Hundred Fifty Dollars ($250) per day. Completion is defined as meeting qualifications in both the "SCOPE OF WORK and PAYMENT" sections of these specifications. WORKING CONDITIONS The Contractor will not work on or keep equipment on any private property without the permission of the property owner involved. The Contractor shall be responsible for damages to any private property including trees, curbs, private yards and street signs. QUANTITIES Additions and subtractions in the quantities will use unit pricing as basis for modifications to contracted amounts of quantities shown will be at the contracted unit prices. The successful bidder will be responsible to check all quantities for this work before starting. Deer Creek Preserve Phase One Implementation FB - 1 FORM OF BID BID SUBMITTED FOR: City of Ladue Deer Creek Preserve Phase One Implementation BID CLOSING TIME & DATE: March 30, 2023 at 10.00 a.m. BID SUBMITTED TO: City of Ladue, Building Department Public Works Building 9345 Clayton Road Ladue, MO 63124 Attn: Deer Creek Preserve Bid BID INQUIRIES SUBMITTED TO: City of Ladue (314) 993-5665 Attention: Anne Lamitola Dir. of Public Works alamitola@cityofladue-mo.gov BID SUBMITTED BY (Contractor Name) (Address) (Printed Name and Title) (Signature) The undersigned has examined and accepted all terms of the Contract Documents as prepared by SWT Design, Inc., and is familiar with the site and locations of the project, the Work, and the local conditions affecting the cost of the Work, and hereby proposes to furnish all labor, materials and incidentals necessary for completion of the Work. It is understood by the undersigned that the Owner reserves the right to reject any and all bids, or part of bids, and to negotiate with a single selected bidder to modify the work and/or bring project costs within available funds as deemed necessary by owner, and that this Bid may not be withdrawn until one (1) month after the bid closing date. If this Bid is accepted, the undersigned agrees to promptly execute the Contract now on file with the Owner, and further agrees that if awarded such Contract, Work shall commence, weather permitting, within fourteen days following notice from the Owner and shall be fully completed in the time period outlined in Article 2 of the Contract Agreement. ADDENDA: The undersigned hereby acknowledges receipt of the following addenda: Addendum No. ________ Date: _________ By:______________________________ Addendum No. ________ Date: _________ By:______________________________ Addendum No. ________ Date: _________ By:______________________________ mailto:alamitola@cityofladue-mo.gov Deer Creek Preserve Phase One Implementation FB - 2 BID ITEMS THIS PHASE Bid items in this phase of Work are included in project documents. Components and installation of Work include, but is not limited to, the following:  Site Clearing, Tree Removal, and Tree Protection  Earthwork and Site Drainage  MoDOT Standard Parking Lot Entry  Concrete Paving  Asphalt Pavement  Pavement Striping  Pedestrian Bridge with Abutments  Fencing  Landscape  Seed and Straw Lawn & Native Meadow  Site Furnishings BASE BID The Bidder agrees to complete the Work as specified herein for the following lump sum prices: Total Base Bid: Deer Creek Preserve Phase One Implementation ________________________________________________ $_______________ (written) (numerical) (Contractor Name) (Address) (Printed Name and Title) (Signature) Deer Creek Preserve Phase One Implementation FB - 3 PROPOSED SCHEDULE OF VALUES A completed Proposed Schedule of Values form is required to be submitted with the Bid Form to assist with the bid review and evaluation and grant documentation. Bidder is to complete all categories below. It is expected that the bid amounts will include all costs associated with the purchase, preparation, and installation of each category including applicable taxes, mobilization, profit, and overhead. The items and dollar amounts provided below are expected to match the base bid total listed above. . Site Preparation and Utility Adjustments (incl. demolition, tree protection and SWPPP) $ (written) (numerical) Site Grading and Drainage including Culverts and Piping $ (written) (numerical) Trailhead, Sidewalk, and Bench Pad Concrete Pavement $ (written) (numerical) Asphalt Trail and Pavement Crosswalk Striping $ (written) (numerical) Parking Lot with MoDOT Entrance, Striping, Wheel Stops and Entry Sign $ (written) (numerical) Existing Mulch Site Pavement Modifications $ (written) (numerical) Bridge with Abutments and Stabilization (including sealed engineered drawings) $ (written) (numerical) Site Furnishings (benches, trash receptacles) $ (written) (numerical) MSD Stormwater infrastructure (amended soils and native buffer seeding) $ (written) (numerical) Turf Seeding / Restoration of Disturbed Areas $ (written) (numerical) Deer Creek Preserve Phase One Implementation FB - 4 Fence with Gravel Strip $ (written) (numerical) Landscape – Trees / Shrubs / Perennials and Mulch Bed $ (written) (numerical) BID ALTERNATES The undersigned Bidder proposes the amount below be added to or deducted from the Base Bid if alternates are accepted by Owner. See section 0012300 - Alternates for more detail. • If the alternate does not affect the Contract Sum, the Bidder shall indicate "NO CHANGE." • If the alternate does not affect the Contract Work, the Bidder shall indicate "NOT APPLICABLE." • The Bidder shall be responsible for determining from the Contract Documents the effects of each alternate on the Contract Time and the Contract Sum. • Owner reserves the right to accept or reject any alternate, in any order, and to award or amend the Contract accordingly within 60 days of the Notice of Award unless otherwise indicated in the Contract Documents. • Alternate pricing provided is to include all associated costs, coordination, overhead, profit, and efforts required to complete the work identified in the alternate summary. SCHEDULE OF ALTERNATES (5 total) Alternate No. 1: Area 1 (South Trail Loop – 10’ wide trail) ADD____ DEDUCT____ NO CHANGE____ NOT APPLICABLE____. _______________________________________________ Dollars ($______________). Alternate No. 2: Area 2 (East Trail Extension – 10’ wide trail) ADD____ DEDUCT____ NO CHANGE____ NOT APPLICABLE____. _______________________________________________ Dollars ($______________). Alternate No. 3: Base Bid Trail Width Reduction to 8’ Wide ADD____ DEDUCT____ NO CHANGE____ NOT APPLICABLE____. _______________________________________________ Dollars ($______________). Alternate No. 4: Area 1 (South Trail Loop – 8’ wide trail) ADD____ DEDUCT____ NO CHANGE____ NOT APPLICABLE____. _______________________________________________ Dollars ($______________). Alternate No. 5: Area 2 (East Trail Extension – 8’ wide trail) ADD____ DEDUCT____ NO CHANGE____ NOT APPLICABLE____. _______________________________________________ Dollars ($______________). Deer Creek Preserve Phase One Implementation FB - 5 Alternate No. 6: Add 10’ wide double gate to 8’ height Privacy Fence. ADD____ DEDUCT____ NO CHANGE____ NOT APPLICABLE____. _______________________________________________ Dollars ($______________). UNIT PRICES For changing specified quantity of work to include the unknown quantities of work and materials which may occur in general construction or other work found to vary from those indicated by the Contract drawings and specifications, upon written instructions of the City of Ladue, unit prices shall prevail. Unit prices shall include all labor, overhead, and profit, materials, equipment, removal, etc, to provide, install and complete the work of the items requested. Unit Price No 1. Contractor shall provide a unit price for Earthwork and Grading of on-site soils. The Unit Price cost of _______________________________________________DOLLARS ($__________________) per cubic yard. Unit Price No 2. Contractor shall provide a unit price for Tree Protection Fencing. The Unit Price cost of _______________________________________________DOLLARS ($__________________) per linear foot. Unit Price No 3. Contractor shall provide a unit price for Silt Control Fencing. The Unit Price cost of _______________________________________________DOLLARS ($__________________) per linear foot. Unit Price No 4. Contractor shall provide a unit price for removal of existing gravel drive. The Unit Price cost of _______________________________________________DOLLARS ($__________________) per square foot. Unit Price No 5. Contractor shall provide a unit price for removal of existing mulch site concrete pad. The Unit Price cost of _______________________________________________DOLLARS ($__________________) per square foot. Unit Price No 6. Contractor shall provide a unit price for Asphalt Pavement (4” over 6” base). The Unit Price cost of _______________________________________________DOLLARS ($__________________) per square foot. Unit Price No 7. Contractor shall provide a unit price for Asphalt Pavement (4” over 8” base). The Unit Price cost of _______________________________________________DOLLARS ($__________________) per square foot. Deer Creek Preserve Phase One Implementation FB - 6 Unit Price No 8. Contractor shall provide a unit price for 8” culvert. The Unit Price cost of _______________________________________________DOLLARS ($__________________) per linear foot. Unit Price No 9. Contractor shall provide unit price for 8” SCH40 PVC stormwater conveyance line. The Unit Price cost of _______________________________________________DOLLARS ($__________________) per linear foot. Unit Price No 10. Contractor shall provide a unit price for 8” thick unreinforced concrete pavement. The Unit Price cost of _______________________________________________DOLLARS ($__________________) per square foot. Unit Price No 11. Contractor shall provide a unit price for 4” thick standard concrete pavement. The Unit Price cost of _______________________________________________DOLLARS ($__________________) per square foot. Unit Price No 12. Contractor shall provide a unit price for 6” height concrete curb. The Unit Price cost of _______________________________________________DOLLARS ($__________________) per linear foot. Unit Price No 13. Contractor shall provide a unit price for 8’ ht. Privacy Fence. The Unit Price cost of _______________________________________________DOLLARS ($__________________) per linear foot. Unit Price No 14. Contractor shall provide a unit price for Park Bench (installation only). The Unit Price cost of _______________________________________________DOLLARS ($__________________) per each. Unit Price No 15. Contractor shall provide a unit price for Trash Receptacle (installation only). The Unit Price cost of _______________________________________________DOLLARS ($__________________) per each. Unit Price No 16. Contractor shall provide a unit price for fescue seed lawn. The Unit Price cost of _______________________________________________DOLLARS ($__________________) per square yard. Deer Creek Preserve Phase One Implementation FB - 7 Unit Price No 17. Contractor shall provide a unit price for Native Seed Mix The Unit Price cost of _______________________________________________DOLLARS ($__________________) per square yard. Unit Price No 18. Contractor shall provide a unit price for Amended Solis per MSD. The Unit Price cost of _______________________________________________DOLLARS ($__________________) per square foot. Unit Price No 19. Contractor shall provide a unit price for adjusting existing manholes to grade. The Unit Price cost of _______________________________________________DOLLARS ($__________________) per each. BID SECURITY Bid security in the amount of $_____________, being 5% of the total base Bid, accompanies this Bid, the same being subject to forfeiture in the event of default as specified in the Bid Conditions. In submitting this Bid, the Bidder agrees the price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees or parties in interest. Submitted by: __________________________________ Contractor Name __________________________________ Authorized Signature __________________________________ Name Printed and Title __________________________________ __________________________________ __________________________________ (Address/Phone Number) (Corporate Seal) _______________________________ State of Incorporation Attest: ____________________________ Deer Creek Preserve Phase One Implementation FB - 8 SUB-CONTACTORS AND TESTING AGENCIES Please provide a list of all sub-contractors and testing agencies/engineers included on the construction team. You may include the information on a separate sheet if desired. Sub-Contractors Description of Work Testing Agencies / Engineers Required • Others: Bidder Information Name Address City State Zip Phone Type of Firm: Officer: Title: Signature Date Note: The above prices shall be guaranteed for 180 days after the award. By mutual agreement the above bid prices may be extended to other asphalt streets within the city limits for a period of six months after the award. The price on the above Bid Form includes all costs for insurance, bid bond, performance bond, permits, inspection fees, and taxes, all of which are to be paid by the Contractor. References List 3 entities with contact names for projects done within the last 2 years by your company. Company/Municipality Address Phone Contact Name AFFIDAVIT OF PARTICIPATION IN FEDERAL WORK AUTHORIZATION PROGRAM (CONTRACTS OVER $5,000) Comes now as first being duly sworn, on my oath, (name) (office held) affirm (“Company”) is enrolled and will continue to participate in a federal work (company name) authorization program in respect to employees that will work in connection with the contracted services related to of the City of Ladue and any incidental items associated with this work for the duration of the contract, if awarded, in accordance with Section 285.530.2, Revised Statutes of Missouri. I also affirm that the Company does not and will not knowingly employ a person who is an unauthorized alien in connection with the contracted services for the duration of the contract, if awarded. Attached to this affidavit is documentation of the Company’s participation in a federal work authorization program. (ATTACH DOCUMENTATION SHOWING THAT COMPANY PARTICIPATES IN FEDERAL WORK AUTHORIZATION PROGRAM. ALSO ATTACH DRIVER’S LICENSE OR OTHER PROOF OF LAWFUL PRESENCE, AS PROVIDED IN THE GENERAL CONDITIONS – 208.009 RSMo.) In Affirmation thereof, the facts stated above are true and correct (The undersigned understands that false statements made in this filing are subject to the penalties provided under § 575.040 RSMo.) Signature (person with authority) Printed Name Title Date State of Missouri ) ) ss. County of ) Subscribed and sworn to before me this day of , 2023. My commission expires: Notary Public SPECIAL PROPOSAL REQUIREMENTS – BID BOND Suitable bid security in the amount of Dollars ($ ) as called for in the advertisement for bids accompanying this proposal. This sum is to be forfeited to the City of Ladue if the party or parties making this proposal fail to enter into contract with approved securities within ten (10) days after the award of the contract has been made. The undersigned has examined the plans and specifications for the project and has satisfied himself as to the work to be done and the conditions under which it must be carried out. The contractor shall fully complete all work under this contract no later than December 8, 2023 following Notice to Proceed, the rate of progress and the time of completion being essential conditions of this contract. This proposal shall be binding to all heirs, administrators, executors, successors and assigns. FIRM NAME BY TITLE ATTEST TITLE ADDRESS PHONE ANTI-COLLUSION STATEMENT STATE OF ) ) SS. COUNTY OF ) being first duly sworn, deposes and says that he is (Title of Person Signing) of (Name of Bidder) that all statements made and facts set out in the proposal for the above project are true and correct; and that the bidder (The person, firm, association, or corporation making said bid) has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such bid or any contract which may result from its acceptance. Affiant further certifies that bidder is not financially interested in, or affiliated with, any other bidder for the above project. By By By Sworn to before me this day of 20 . (Notary Public) My Commission Expires SIGNATURE AND IDENTITY OF BIDDER The undersigned states that the correct LEGAL NAME and ADDRESS of (1) the individual bidder, (2) each partner or joint venture (whether individuals or corporations, and whether doing business under a fictitious name, or (3) the corporation (with the state in which it is incorporated) are shown below; that (if not signing with the intention of binding himself to become the responsible and sole contractor) he is the agent of, and duly authorized in writing to sign for the Bidder or Bidders, and that he is signing and executing this (as indicted in the proper spaces below) as the proposal of a ( ) sole individual ( ) partnership ( ) joint venture ( ) corporation, incorporated under laws of state of . Dated , 20 . Name of individual, all partners, or joint venture: Address of each: Doing business under the name of: Address of principal place of business in Missouri: (If using a fictitious name, show this name above in addition to legal name) (If a corporation, show its name above.) ATTEST: (SEAL) Secretary Title (NOTE: If the Bidder is doing business under a FICTITIOUS NAME, the Proposal shall be executed in the legal name of the individual, partners, or corporation, with the legal address shown, and REGISTRATION OF FICTITIOUS NAME filed with the Secretary of State, as required by Sections 417.200 to 417.230 R.S.Mo. IF the Bidder is a CORPORATION NOT ORGANIZED UNDER THE LAWS OF MISSOURI, it shall procure a CERTIFICATE OF AUTHORITY TO DO BUSINESS IN MISSOURI, as required by Section 351.570 and following R.S.Mo. A CERTIFIED COPY of such Registration of Fictitious Name or Certificate of Authority to do business in Missouri shall be filed with the Missouri Highway and Transportation Commission, as required by the Standard Specification, Section 102.7.5 and 102.7.7.) BIDDER’S ACKNOWLEDGMENT (Complete and fill out all parts applicable, and strike out all parts not applicable) STATE OF ) ) SS. COUNTY OF ) On this day of 20 , before me appeared to me personally known, who, being by me first duly sworn, did say that he executed the forgoing Proposal with full knowledge and understanding of all its terms and provisions and of the plans and specifications; that the correct legal name and address of the Bidder (including those of all partners or joint ventures) is fully and correctly set out above; that all statements made therein by or for the Bidder are true; and (if a sole individual) acknowledged that he executed the same as his free act and deed. (if a partnership or joint venture) acknowledged that he executed the same, with written authority from, and as the free act and deed of, all said partners or joint ventures. (if a corporation) that he is the (President or other agent) of ; that the above Proposal was signed and sealed in behalf of said corporation by authority of its board of directors; and he acknowledged said proposal to be the free act and deed of said corporation. Witness my hand and seal at , The day and year first above written. (SEAL) Notary Public My commission expires 20 SUBCONTRACTOR CERTIFICATION REGARDING AFFIRMATIVE ACTION Certification Regarding Affirmative Action and Equal Opportunity: The bidder (prospective prime contractor) or proposed subcontractor certifies: 1. Affirmative Action Programs: That it has developed and has on file at each of its establishment’s affirmative action programs pursuant to 41 CFR Part 60-2. 2. Equal Opportunity Clause: That it has participated in a previous contract or subcontract subject to the equal opportunity clause set forth in 41 CFR Part 69-1.4 and executive order no. 11246. 3. Compliance Reports: That it has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance Programs and his designate, or the Equal Employment Opportunity Commission, all reports due under the applicable filing requirements contained in 41 CFR Part 60-1. If the text of the certification above is incorrect, the bidder or subcontractor making the certification shall correct it below: NOTE: This certification applies to and must be executed by each bidder (prospective prime contractor) or proposed subcontractor if its proposed contract or subcontract on this project will equal or exceed $10,000 or that contractor or subcontractor has contracts or subcontracts on federally assisted projects in any 12-month period which have or can reasonably be expected to have, an aggregate total value exceeding $10,000 41 CFR Part 60-1.5(a)(1). It is a duty and contract obligation of the prime contractor to ensure that each of its subcontractors, which meet this criterion, executes and submits to the commission this certification also. Company By: Date: Title PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENT: That , as Principal, and a corporation organized and existing under and by virtue of the laws of the State of , and regularly authorized to do business in the State of Missouri, as Surety, are held and firmly bound unto the CITY OF , Missouri, hereinafter called the “City,” in the penal sum of Dollars ($ ) lawful money of the United States, well and truly to be paid unto the said City for the payment of which Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has by written agreement dated , entered into a Contract with the City for the construction of the work designated as located at approximately in the City of , in the State of Missouri, in accordance with the Contract, which Contract is by this reference made a part hereof, and is hereinafter referred to as the “Contract.” NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE AS FOLLOWS: SURETY shall become liable on this obligation if PRINCIPAL fails to fulfill the following conditions: In connection with the Contract, including all duly authorized modifications thereto, prompt payment shall be made to all laborers, subcontractors, teamsters, truck drivers, owners or other suppliers or for equipment employed on the job, and other claimants, for all labor performed in such work whether done for PRINCIPAL, a subcontractor, SURETY, a completion contractor or otherwise (at the full wage rates required by any law of the United States or of the State of Missouri, where applicable), for services furnished and consumed, for repairs on machinery, for equipment, tools, materials, lubricants, oil, gasoline, water, gas, power, light, heat, oil, telephone service, grain, hay, feed, coal, coke, groceries and foodstuffs, either consumed, rented, used or reasonably required for use in connection with the construction of the work or in the performance of the Contract and all insurance premiums, both for compensation and for all other kinds of insurance on the work, for sales taxes and for royalties in connection with, or incidental to, the completion of the Contract, in all instances whether the claim be directly against PRINCIPAL, against SURETY or its completion contractor, through a subcontractor or otherwise, and, further, PRINCIPAL shall defend, indemnify and hold harmless the CITY from all such claims, demands or suits by any such person or entity. If PRINCIPAL fulfills these conditions, then this obligation shall be void; otherwise, it shall remain in full force and effect. Any conditions legally required to be included in a Payment Bond on this Contract, including but not limited to those set out in §107.170 RSMo. are included herein by reference. SURETY agrees that, in the event that PRINCIPAL fails to make payment of the obligations covered by this Bond, it will do so and, further, that within forty-five (45) days of receiving, at the address given below, a claim hereunder stating the amount claimed and the basis for the claim in reasonable detail, it (a) will send an answer to the claimant, with a copy to the CITY stating the amounts that are undisputed and the basis for challenging any amounts that are disputed, and (b) will pay any amounts that are undisputed. The amount of this Bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. While this Bond is in force, it may be sued on at the instance of any party to whom any such payment is due, in the name of the CITY to the use for such party. The CITY shall not be liable for the payment of any costs or expenses of any such suit. The CITY may sue on this Bond, and any person furnishing material or performing labor, either as an individual or as a Subcontractor shall have the right to sue on this Bond in the name of the CITY for his use and benefit, all in accordance with the provisions of Section 522.300, RSMo., and any amendments thereto. No suit shall be commenced or pursued hereunder other than in a state court of competent jurisdiction in St. Louis County, Missouri, or in the United States District Court for the Eastern District of Missouri. Signed and sealed this day of , 20 . Principal Surety (SEAL) (SEAL) By: By: Title: Title: (ATTACH SURETY’S POWER OF ATTORNEY) PAYMENT AND MATERIALS BOND KNOW ALL MEN BY THESE PRESENTS: That , as Principal, and a corporation organized and existing under and by virtue of the laws of the State of Missouri, and regularly authorized to do business in the State of Missouri, as Surety, are held and firmly bound unto the CITY OF , MISSOURI, hereinafter called the “City”, for the use and benefit of the City and any and all persons who may suffer damages by breach of the conditions hereof or of the Contract (as defined below) in the penal sum of Dollars ($ ) lawful money of the United States, well and truly to be paid unto the said City for the payment of which Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has by written agreement dated , entered into a Contract with the City for the construction of the work designated as located at approximately in the City of , in the State of Missouri, in accordance with the Contract, which Contract is by this reference made a part hereof, and is hereinafter referred to as the “Contract.” NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE AS FOLLOWS: 1. The Surety shall become liable on this obligation if the Principal fails to fulfill the following conditions: The Principal shall faithfully perform the Contract on its part, and satisfy all claims and demands incurred by the Principal in the performance of the Contract (including any maintenance or guarantee period provided in the Contract and any warranty as may be applicable by law), and shall fully indemnify and save harmless the City from all cost and damages which the City may suffer by reason of the failure of the Principal to do so, and shall fully reimburse and repay to the City all costs, damages, and expenses, which shall include reasonable attorney’s fees, which the City may incur in making good any default by the Principal, including but not limited to, any default based upon the failure of the Principal to complete the work required by and in accordance with the Contract or failure to fulfill its obligation to furnish maintenance, repairs or replacements for any period of time after the work is completed as provided for in the Contract, and shall provide for prosecution of the work required by the Contract whether by Subcontract or otherwise, and shall pay all valid claims and demands whatsoever, and shall defend, indemnify and hold harmless the City and its agents against loss or expense from bodily injury, including death, or damage or destruction of property, including loss of use resulting therefrom, arising out of or resulting from the performance of the work. If the Principal fulfills these conditions, then this obligation shall be null and void; otherwise, it shall remain in full force and effect. 2. As part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered; 3. The Surety’s obligation under this Bond shall arise after the City has declared the Principal defaulted, formally terminated the Contract or terminated the Principal’s right to complete the Contract, and notified the Surety in writing of the City’s claim under this Bond. Notice shall be deemed provided to Surety the day the City places such Notice in the mail addressed to: 4. The means, method or procedure by which the Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) days after written notice from the City to the Surety as provided in Paragraph 3, except that the Surety shall proceed within forty-eight (48) hours after notice, where the notice states that immediate action by the Surety is necessary to safeguard life or property. 5. When the conditions in Paragraph 3 above have been met, the Surety shall, at the Surety’s sole cost and expense, undertake one or more of the following actions, at the City’s sole option: a. With the prior written consent of the City, cause Principal to promptly remedy the default; or b. Promptly complete the Contract in accordance with its terms and conditions by, at the sole option of the City, either: (a) obtaining bids through qualified contractors who are acceptable to the City for completing the Contract in accordance with its terms and conditions, and upon determination by the City of the lowest and best bidder, arrange for a Contract between the City and such bidder, and make available as the work progresses sufficient funds to pay the costs of completion, not exceeding the amount of this Bond or (b) obtaining bids through qualified contractors who are acceptable to the City, for completing the Contract in accordance with its terms and conditions, and upon determination by the City of the lowest and best bidder, the Surety shall arrange for a contract between the Surety and such bidder, which performance and completion shall be undertaken in strict accordance with the terms and conditions (including all specifications) of the Contract; or c. Tender payment to the City in the amount of all loses incurred by the City as a result of the Principal default and as determined by the City for which the Surety is liable to the City, including all costs of completion of the Contract and all consequential loses, costs, and expenses incurred by the City as a result of the Principal’s default, except that Surety’s payment under this option shall in no event exceed the limit of the Bond amount. The Surety may not proceed with this option, in lieu of the options set forth in subparagraphs (a) or (b) above, except upon the express written consent of the City, which consent may be withheld by the City for any reason. 6. If the Surety fails to proceed in accordance with Paragraph 4 and 5 above, then the Surety shall be deemed in default on this Bond. 7. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications. Signed and sealed this day of , 2023. (SEAL) (SEAL) Principal Surety By: By: Title: Title: (ATTACH SURETY’S POWER OF ATTORNEY) PREVAILING WAGE AFFIDAVIT Before me, the undersigned Notary Public, in and for the County of St. Louis, State of Missouri, personally came and appeared (Name) of (Position) (Name of Company) (a corporation) (a partnership) (a proprietorship) and after being duly sworn did depose and say that all provisions and requirements set out in Chapter 290, Sections 290.210 through and including 290.340, Missouri Revised Statues, pertaining to the payment of wages to workmen employed on public works projects have been fully satisfied and there has been no exception to the full and complete compliance with said provisions and requirements and with Wage Determination No. issued by the Division of Labor Standards on the day of 20 , in carrying out the contract and work in connection with located at the City of Ladue in St. Louis County, Missouri and completed on the day of , 20 . (Signature) Subscribed and sworn to me a Notary Public this day of , 20 . My commission expires (Notary Public) FINAL PAY AFFIDAVIT STATE OF MISSOURI ) ) SS. COUNTY OF ST. LOUIS ) Know all men by those present that (Officer’s Name) of lawful age, being duly sworn upon his oath deposes and says that he is (Title) of the , the Contractor engaged in the construction and improvement of and that no supplier and/or subcontractors have been used for such construction except those previously approved by the City of Ladue, that all bills for labor and material incident to said project have been paid, that the laws relating to payment of prevailing wage rates have been complied with, that the said project is therefore free from all liens and encumbrances, and all amounts owing contractor have been paid in full. All lien waivers from the Contractor, subcontractors and suppliers are attached. IN WITNESS WHEREOF, the hereto, hereunto sets his hand and seal this day of , 20 . (Firm Name) By Subscribed and sworn to me a Notary Public this day of , 20 . My commission expires GENERAL CONDITIONS ARTICLE 1 CONTRACT DOCUMENTS 1.1 DEFINITIONS 1.1.1 The Contract Documents. The Contract Documents shall include all those documents identified as the Contract Documents in the City-Contractor Agreement. A Modification is (1) a written amendment to the Contract signed by both parties, or (2) a Change Order. 1.1.2 The Contract. The Contract Documents form the Contract. The Contract represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations or agreements, both written and oral, including the bidding documents. The Contract may be amended or modified only by a Modification as defined in Subparagraph 1.1.1. 1.1.3 The Work. The term Work includes all labor necessary to complete the construction required by the Contract Documents, and all materials and equipment incorporated or to be incorporated in such construction. 1.1.4 The Project. The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part. 1.1.5 Notice to Proceed. The written notice from the City notifying the Contractor of the date on or before which he is to begin prosecution of the work. 1.2 EXECUTION, CORRELATION, INTENT, AND INTERPRETATIONS 1.2.1 The Contract Documents shall be signed in not less than triplicate by the City and Contractor. 1.2.2 The Contractor represents that he has visited the site, familiarized himself with the local conditions under which the Work is to be performed, and correlated his observations with the requirements of the Contract Documents. 1.2.3 The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. The intention of the Contract Documents is to include all labor, materials, equipment and other items as provided in Subparagraph 3.3 necessary for execution and completion of the Work. Words which have well-known technical or trade meanings are used herein in accordance with such recognized meanings. 1.3 COPIES FURNISHED AND OWNERSHIP 1.3.1 Unless otherwise provided in the Contract Documents, the Contractor will be furnished a maximum of five (5) copies, free of charge, of the Drawings and Specifications for the execution of the work. 1.3.2 All Drawings, Specifications and copies thereof furnished by the City are and shall at all times remain property of the City. Such documents shall not be used on any other project. At the conclusion of the job, the Contractor shall submit one (1) set of mark ups for as-builts. ARTICLE 2 CITY 2.1 DEFINITION 2.1.1 The City is the person or organization identified as such in the City-Contractor Agreement and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term City means the City or its authorized representative. The City may be alternatively referred to as the “Owner.” 2.2 CITY RIGHT TO ACCESS AND OBSERVATION 2.2.1 The City shall have access at all times to the Project for the purpose of observation and inspection. The Contractor shall provide proper and adequate facilities for such access and observation. 2.3 CITY'S RIGHT TO STOP THE WORK 2.3.1 If the Contractor fails to correct defective Work or fails to supply materials or equipment in accordance with the Contract Documents, the City may order the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated. 2.4 CITY'S RIGHT TO CARRY OUT THE WORK 2.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents, or fails to perform any provision of the Contract, the City may, after seven (7) days written notice to the Contractor and without prejudice to any other remedy the City may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payments then or hereafter due the Contractor the cost of correcting such deficiencies. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City promptly upon request. ARTICLE 3 CONTRACTOR 3.1 DEFINITION 3.1.1 The Contractor is the person or organization identified as such in the City-Contractor Agreement and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term Contractor means the Contractor or his authorized representative. 3.2 SUPERVISION AND CONSTRUCTION PROCEDURES 3.2.1 The Contractor shall supervise and direct the Work, using his best skill and attention. He shall be solely responsible for all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work. 3.3 LABOR AND MATERIALS 3.3.1 Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, materials, equipment, supplies, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work. 3.3.2 The Contractor shall at all times enforce strict discipline and good order among his employees and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to him. If the City reasonably objects to any person employed by the Contractor, the employee shall be immediately dismissed. 3.3.3 The labor provided by the Contractor shall be directed to be a workman like character with respect to the methods of construction and quality of completed work; and, shall not encumber the premises or adjacent property or streets with materials and/or equipment. 3.3.4 Unless the amount of the bid accepted by the City is in the amount of seventy-five thousand dollars or less and is not subject to a change order that results in the project cost in excess of seventy-five thousand dollars, (See § 290.230 RSMo.), the Contractor shall comply with, and is bound by, the provisions of Missouri law pertaining to the payment of wages on public works projects contained in Sections 290.210 through 290.340 RSMo., and any amendments thereto, including, but not limited to the following: 1. In accordance with Section 290.250 RSMo., as amended, the Contractor shall not pay less than the prevailing hourly rate of wages specified by the Missouri Department of Labor and Industrial Relations Division of Labor Standards to all workmen performing Work under the Contract. 2. In accordance with. 290.250 RSMo., as amended, the Contractor shall forfeit as a penalty to the City one hundred dollars ($100.00) for each workman employed for each calendar day, or portion thereof, such workman is paid less than the said stipulated rates for any Work done under the Contract, by him or by any Subcontractor under him and shall include provisions in all bonds guaranteeing the faithful performance of said prevailing hourly wage clause. 3. In accordance with 290.265 RSMo., as amended, the Contractor and each Subcontractor shall post a clearly legible statement of all prevailing hourly wage rates to be paid to all workmen employed to complete the Work in a prominent and easily accessible place at the site of the Work and such notice shall remain posted during the full time that any workmen shall be employed at the Work. 4. Certified payrolls shall also be submitted prior to final payment for all Work completed by the Contractor or Subcontractors. 5. In accordance with Section 290.290 RSMo., as amended, before final payment is made an affidavit must be filed by the Contractor stating that he has fully complied with the prevailing wage law when applicable. No payment shall be made unless and until this affidavit is filled in proper form and order. 3.3.5 The Contractor shall execute and complete the Work in such a manner that avoids jurisdictional and other disputes among labor unions. 3.4 WARRANTY 3.4.1 The Contractor warrants to the City that all materials and equipment furnished under the Contract and incorporated in the Work will be new unless otherwise specified, and that all Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All Work not so conforming to these standards shall be considered defective. The Contractor shall furnish satisfactory evidence as to the kind and quality of all materials and equipment and shall guaranty the Work as provided in the City-Contractor Agreement after substantial completion of the Work. 3.5 PERMITS, FEES, EASEMENTS, AND NOTICES 3.5.1 The Contractor shall secure and pay for all permits, governmental fees, and licenses necessary for the proper execution and completion of the Work, including those required to be obtained from the City, except fees imposed solely by the City shall be waived at the time of application. 3.5.2 For the purposes of operating and maintaining the Project, the City shall acquire the necessary lands, easements and rights-of-way privileges required for the same. The Contractor shall furnish and construct any necessary access roads or facilities. 3.5.3 The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations, and orders of any public authority bearing on the performance of the Work. If the Contractor observes that any of the Contract Documents are at variance therewith in any respect, he shall promptly notify the City in writing and any necessary changes shall be adjusted by appropriate Modification. If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules, and regulations and without such notice to the City, the Contractor shall assume full responsibility therefor and shall bear all costs attributable thereto. 3.5.4 The Contractor shall notify in writing all residents whose property is affected by the Work at least forty-eight (48) hours prior to commencement of any operation that will affect the residents’ property. The City, before commencement of Work on the Project, shall review and approve the form of all such notices. 3.6 SUPERINTENDENT 3.6.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance on the Project site at all times during the progress of all work for the duration of the total project. This person shall be a non-working superintendent who will be responsible for the satisfactory progression of the work and to ensure that all work is being completed in accordance with the plans and specifications. He is also to relay any conflicts or discrepancies that arise in the plans to the City’s representative for resolution or interpretation. The name of the person selected as superintendent and his qualifications shall be submitted at the time of bids and shall be approved in writing by the City. The superintendent shall not be changed except with the written consent or at the request of the City. The superintendent shall represent the Contractor and all communications given to the superintendent shall be as binding as if given to the Contractor. The superintendent shall be the contact person whom the City will contact in the event of after-hours and weekend emergencies and the Contractor shall provide the City with the superintendent’s contact information for such purpose. 3.7 RESPONSIBILITY FOR THOSE PERFORMING THE WORK 3.7.1 The Contractor shall be responsible to the City for the acts and omissions of all his employees and all Subcontractors, their agents and employees and all other persons performing any of the Work under a contract with the Contractor. 3.7.2 The Contractor shall at all times employ sufficient labor and equipment for prosecuting the work to full completion in the manner and time required by these specifications. All workmen shall have sufficient skill and experience to perform properly the work assigned to them. 3.8 DRAWINGS AND SPECIFICATIONS AT THE SITE 3.8.1 The Contractor shall maintain at the site for the City one copy of all Drawings, Specifications, Addenda, approved Shop Drawings, Change Orders, and other Modifications, in good order and marked to record all changes made during construction. The Drawings, marked to record all changes made during construction, shall be delivered to the City upon completion of the work. The Contractor shall also maintain on the project site a survey level, legs, and rod at all times, which are deemed adequate by the City. 3.9 CLEANING UP 3.9.1 The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish caused by his operations. The Contractor shall not “stockpile” any material on the jobsite and all excavated material shall be hauled off the site at the time of excavation. However, stockpiling of materials delivered and used on the same day will be allowed if all materials are in place or removed at the end of the day. 3.9.2 The Contractor shall be responsible for keeping clean, i.e. free from mud, dirt, rock, and debris at all times all City streets used by the Contractor in connection with the Work and the Project. Should any accumulation be deemed excessive, the City may direct the Contractor to thoroughly wash or remove the debris from the street at no cost to the City. 3.9.3 The Contractor shall make satisfactory arrangements to store material and equipment after delivery and during construction off of the City right-of-way. The City will assume no responsibility for these arrangements. 3.9.4 “Removal” shall be defined as removal and disposal off the site unless otherwise specified or directed by the City. 3.10 CASH ALLOWANCES 3.10.1 The Contractor acknowledges and agrees that the Contract Sum includes all cash allowances as may be specified in the Contract Documents. ARTICLE 4 SUBCONTRACTORS 4.1 DEFINITION 4.1.1 A Subcontractor is a person or organization who has a direct contract with the Contractor to perform any of the Work. The term Subcontractor is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Subcontractor or his authorized representative. 4.1.2 A Sub-subcontractor is a person or organization who has a direct or indirect contract with a Subcontractor to perform any of the Work. The term Sub-subcontractor is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Sub-subcontractor or an authorized representative thereof. 4.1.3 Nothing contained in the Contract Documents shall create any contractual relation between the City and any Subcontractor or Sub-subcontractor. 4.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 4.2.1 Unless otherwise specified in the Contract Documents or in the Instructions to Bidders, the Contractor shall submit a completed and signed Subcontractor Utilization Form, naming each Subcontractor and Supplier the Contractor proposes to employ in performing the Work under this Contract and describing the portions of the Work each proposed Subcontractor shall perform or supply, along with other required Bid documents to the City. Contractor shall complete and submit a Supplemental Subcontractor Utilization form to the City in the event of any substitution or addition of a Subcontractor by the Contractor. 4.2.2 Prior to the award of the Contract, the City will notify the Bidder in writing if the City, after due investigation, objects to any such person or entity proposed by the Bidder pursuant to Subparagraph 4.2.1 above. If the City objects to any such proposed person or entity, the Bidder may, at his option, (1) withdraw his Bid, or (2) submit an acceptable substitute person or entity with no adjustment in his bid price. 4.2.3 The City reserves the right to reject a Subcontractor, if in the City’s sole discretion, delays may result in the performance of Work as a result of a Subcontractor’s other obligations. The Contractor shall be held responsible, in addition to the submission of the Subcontractor Utilization Form, to apprise the City of any additional work which a Subcontractor accrues throughout the duration of the project. This shall include work for the City under a different Contract, or any other person or entity. If such said additional work shall detrimentally impact the progression of the Work under this Contract, the City retains the right to require the Contractor to submit a substitute Subcontractor for this work at no additional cost to the City. 4.2.4 The Contractor shall not contract with any Subcontractor or any person or organization (including those who are to furnish materials or equipment fabricated to a special design), for proposed proportions of the Work designated in the Contract Documents or, if none is so designated, with any Subcontractor proposed for the principal portions of the Work, who has been rejected by the City. 4.2.5 If the City requires a change of any proposed Subcontractor or person or organization during the execution of the Work approved under the present Contract, the Contract Sum shall be increased or decreased by the difference in cost resulting from such change and an appropriate Change Order shall be issued. 4.2.6 The Contractor shall not make any substitution for any proposed Subcontractor or person or organization who has not been accepted by the City prior to the Contract Award, unless the substitution is accepted by the City in writing prior to such substitution. 4.3 SUBCONTRACTUAL RELATIONS 4.3.1 All Work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate agreement between the Contractor and Subcontractor (and where appropriate between Subcontractors and Sub-subcontractors) which shall contain provisions that: 1. Require the Work to be performed in accordance with the requirements of the Contract Documents; 2. Require submission to the Contractor of applications for payment under each subcontract to which the Contractor is a party, in reasonable time to enable the Contractor to apply for payment in accordance with Article 8 hereof; 3 Require that all claims for additional costs, extensions of time, damages for delays or otherwise with respect to subcontracted portions of the Work shall be submitted to the Contractor (via any Subcontractor or Sub-subcontractor where appropriate) in sufficient time so that the Contractor may comply in the manner provided in the Contract Documents for like claims by the Contractor upon the City; 4. Waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by the property insurance described in Paragraph 10.2, except such rights as they may have to the proceeds of such insurance held by the City as trustee under said Paragraph 10.2; 5. Obligate each Subcontractor specifically to consent to the provisions of this Paragraph 4.3; and 6. Require the Subcontractor (and the Sub-subcontractor) to defend, with counsel selected by the City, indemnify, and hold harmless the City against all claims, damages, losses, expenses and attorneys' fees arising out of or resulting from the performance of the Work by Subcontractor, and its agents and employees, unless such claims, damages or losses are caused solely by the negligent act of the City. 4.4 PAYMENTS TO SUBCONTRACTORS 4.4.1 The Contractor shall pay each Subcontractor upon receipt of payment from the City, an amount equal to the percentage of completion allowed to the Contractor on account of such Subcontractor's Work, less the percentage retained from payments to the Contractor. The Contractor shall also require each Subcontractor to make similar payments to his Subcontractors. 4.4.2 If the City withholds payment to the Contractor for any cause which is the fault of the Contractor and not the fault of a particular Subcontractor, the Contractor shall pay that Subcontractor on demand for its Work to the extent completed. 4.4.3 The City shall not have any obligation to pay or to see to the payment of any sum to any Subcontractor or Sub-subcontractor. ARTICLE 5 SEPARATE CONTRACTS 5.1 CITY'S RIGHT TO AWARD SEPARATE CONTRACTS 5.1.1 The City reserves the right to award other contracts on other terms and conditions in connection with other portions of the Project. 5.2 MUTUAL RESPONSIBILITY OF CONTRACTORS 5.2.1 The Contractor shall afford other contractors reasonable opportunity for the delivery and storage of their materials and equipment and the execution of their work, and shall properly connect and coordinate the Work with theirs. The Contractor shall employ, insofar as possible, such methods and means in carrying out the Work as will not cause any interruption or any interference with any other contractor. 5.2.2 If any part of the Work depends for proper execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report to the City any apparent discrepancies or defects in such work that render it unsuitable for proper execution of the Work. Failure of the Contractor to so inspect and report shall constitute an acceptance of the other contractor's work as fit and proper to receive the Work, except as to defects which may develop in the other contractor's work after the execution of the Contractor's Work that could not have been discovered by the Contractor upon reasonable inspection. 5.2.3 If the Contractor causes damage to the work or property of any other contractor on the Project, and such separate contractor sues the City or initiates an arbitration proceeding on account of any damage alleged to have been so sustained, the City shall notify the Contractor who shall defend such proceedings at his own expense, and if any judgment or award against the City arises therefrom the Contractor shall pay or satisfy it and shall reimburse the City for all attorneys' fees and court arbitration costs which the City has incurred. 5.3 CITY'S RIGHT TO CLEAN UP 5.3.1 If a dispute arises between the separate contractors as to their responsibility for cleaning up as required by Paragraph 3.9, the City may clean up and charge the cost thereof to the several contractors. ARTICLE 6 MISCELLANEOUS PROVISIONS 6.1 GOVERNING LAW AND JUDICIAL REVIEW 6.1.1 The Contract shall be governed by the laws of the State of Missouri and venue shall be in St. Louis County, Missouri. 6.1.2 As a prerequisite to the Contractor filing any claim against the City in any court of law or equity pursuant to this Contract, the Contractor agrees that its shall be bound to first file such claim with the City’s Board of Administrative Review, pursuant to and in accordance with Chapter 160 of the City Code. 6.2 SUCCESSORS AND ASSIGNS 6.2.1 The City and the Contractor each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto and to the partners, successors, assigns, and legal representatives of such other party in respect to all covenants, agreements, and obligations contained in the Contract Documents. The Contract shall not sublet or assign all or part of any of the Work or the Contract without the prior written consent of the City, nor shall the Contractor assign any sums due or to become due to him hereunder, without the prior written consent of the City. 6.3 NOTICES 6.3.1 Any notice to any party pursuant to or...