Scope of work

From: City of Rolla(City)

Basic Details

started - 09 Feb, 2021 (about 3 years ago)

Start Date

09 Feb, 2021 (about 3 years ago)
due - 28 Feb, 2041 (in about 17 years)

Due Date

28 Feb, 2041 (in about 17 years)
Bid Notification

Type

Bid Notification

Identifier

N/A
City of Rolla

Customer / Agency

City of Rolla
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SPECIFICATIONS and RELATED DOCUMENTS for construction of 2021 Surface Sealing Treatment IN ROLLA, MISSOURI PROJECT NO. 524 March 2021 Prepared by City of Rolla Department of Public Works 901 North Elm Street Rolla, Missouri 1 J-- {f-2 f DARIN J. ee NUMBER \, PE-2008019591 2 3 NOTICE TO BIDDERS The City of Rolla hereby requests bid quotations for the following project: 2021 Surface Sealing Treatment, Project 524. Bids will be accepted until 2:00 P.M., Wednesday, March 10, 2021, in the office of the City Clerk, 901 North Elm-3rd Floor, Rolla, Missouri. Bids will be publicly opened at that time and award of the best bid will be made at the regular meeting of the City Council at. Bids shall be submitted in a sealed envelope and clearly marked "2021 Surface Sealing Treatment Project 524". The project will consist of the placement of approximately: 50,000 square yards of material. Contractor shall be responsible for compliance with Section 290.250 of the Revised Missouri Statutes pertaining
to prevailing wages. Only Missouri laborers and laborers from nonrestrictive states are allowed by law to be employed on Missouris public works projects when the unemployment rate exceeds 5% for two consecutive months. (Sections 290.550 through 290.580 R.S.Mo.) Bidders are informed that pursuant to Section 285.530, R.S.Mo, as a condition of the award of any contract in excess of five thousand dollars ($5,000.00), the successful bidder shall, by sworn affidavit and provision of documentation, affirm its enrollment and participation in a federal work authorization program with respect to the employees working in connection to the contracted services. Successful bidders shall also sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection to the contracted services. Bidders are informed that the project is subject to the requirements of Section 292.675, R.S.Mo, which requires all contractors or subcontractors doing work on the project to provide, and require its on-site employees to complete, a ten (10) hour course in construction safety and health approved by the Occupation Safety and Health Administration (OSHA) or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. The training must be completed within sixty (60) days of the date work on the project commences. On-site employees found on the worksite without documentation of the required training shall have twenty (20) days to produce such documentation. All bids shall be on the proposal form provided and shall be accompanied by submittals and a bid bond issued by an acceptable surety company and payable to the order of the City of Rolla, for not less than five percent (5%) of the total amount of the bid. The successful Contractor shall be issued a NOTICE TO PROCEED By City Engineer and the completion date will be October 1, 2021. Liquidated Damages - Should the contractor fail to complete the work on or before the completion 4 date specified the contractor will be charged liquidated damages in the amount of $500.00 per calendar day for each full calendar day that the work is not fully completed. Liquidated damages will not be charged for weekends and holidays. Payment shall be based on actual measured quantities. The City reserves the right to reject any and all bids. Bid documents, and specifications may be reviewed in, or purchased for $35.00 from the Rolla Public Works Department, Rolla City Hall, 4th Floor, 901 North Elm Street, Rolla, Missouri 65401. Bid documents are available now and can be picked up on Monday through Friday, 8:00 a.m. to 5:00 p.m. Steve Hargis, P.E. Public Works Director 5 TABLE OF CONTENTS Notice to Bidders ............................................................................................................................3 Instructions to Bidders ..................................................................................................................9 Information for Bidders ..............................................................................................................11 Contract Documents ........................................................................................................11 Bidder's Obligation ..........................................................................................................11 Document Interpretation.................................................................................................11 Proposals ...........................................................................................................................12 Modification and Withdrawal of Bids............................................................................12 Signing of Proposals .........................................................................................................13 Award of Contract ...........................................................................................................13 Contract Security .............................................................................................................14 Notice to Proceed..............................................................................................................14 Number of Construction Documents .............................................................................14 Proposal ........................................................................................................................................17 Contract Agreement ....................................................................................................................19 Transient Employer Lawful Presence .....................................................................................23 Work Authorization and Documentation ..................................................................................25 Bid Price ........................................................................................................................................29 Map and List of Streets to Receive Surface Sealing Treatment Quotation Form ............................................................................................................................31 General Conditions ......................................................................................................................33 Contract Documents ........................................................................................................33 Definition ..............................................................................................................33 The Contract Documents ....................................................................................33 The Contract.........................................................................................................33 The Work ..............................................................................................................33 The Project ...........................................................................................................33 Execution, Correlation and Intent......................................................................33 Ownership and Use of Documents......................................................................34 Public Works Director .....................................................................................................35 Definition ..............................................................................................................35 Administration of the Contract ..........................................................................35 6 City ....................................................................................................................................39 Definition ..............................................................................................................39 Information and Services Required of the Owner ............................................39 City's Right to Stop the Work.............................................................................39 City's Right to Carry out the Work ...................................................................40 Contractor ........................................................................................................................41 Definition ..............................................................................................................41 Review of Contract Documents ..........................................................................41 Supervision and Construction Procedures ........................................................41 Before Final Payment Required Final Forms Completion ..............................41 Labor and Materials ............................................................................................42 Warranty ..............................................................................................................42 Taxes......................................................................................................................42 Permits, Fees and Notices ....................................................................................42 Allowances ............................................................................................................43 Superintendent .....................................................................................................43 Progress Schedule ................................................................................................43 Documents and Samples at the Site ....................................................................44 Shop Drawings, Product Data and Samples ......................................................44 Use of Site..............................................................................................................45 Cutting and Patching of Work............................................................................45 Cleaning up ...........................................................................................................45 Communications ..................................................................................................45 Royalties and Patents ...........................................................................................46 Indemnification ....................................................................................................46 Subcontractors .................................................................................................................47 Definition ..............................................................................................................47 Award of Subcontractors and Other Contracts for Portions of the Work ....47 Subcontractual Relations ....................................................................................48 Work by City or by Separate Contractors ....................................................................49 City's Right to Perform Work and to Award Separate Contracts ..................49 Mutual Responsibility ..........................................................................................49 City's Right to Clean up ......................................................................................50 Miscellaneous Provisions .................................................................................................51 Governing Law .....................................................................................................51 Successors and Assigns ........................................................................................51 Written Notice ......................................................................................................51 Claims for Damages .............................................................................................51 Performance Bond and Labor and Material Payment Bond...........................51 Rights and Remedies............................................................................................51 Tests .......................................................................................................................52 Interest ..................................................................................................................52 Arbitration ............................................................................................................52 Buy America Policy..............................................................................................53 7 Time ...................................................................................................................................55 Definitions .............................................................................................................55 Progress and Completion ....................................................................................55 Delays and Extensions of Time ...........................................................................55 Payments and Completion ..............................................................................................57 Contract Sum .......................................................................................................57 Schedule of Values ...............................................................................................57 Applications for Payment ....................................................................................57 Certificates for Payment ......................................................................................58 Progress Payments ...............................................................................................58 Payments Withheld ..............................................................................................59 Failure of Payment ...............................................................................................60 Substantial Completion .......................................................................................60 Final Completion and Final Payment ................................................................61 Protection of Persons and Property ...............................................................................63 Safety Precautions and Programs ......................................................................63 Safety of Persons and Property ..........................................................................63 Emergencies ..........................................................................................................64 Occupational Safety and Health Administration (OSHA) ...............................64 MO Revised Statutes (Overhead Power Line Safety Act) ................................65 Insurance ..........................................................................................................................69 Contractor's Liability Insurance ........................................................................69 City's Liability Insurance ....................................................................................70 Contractor's Builders' Risk Insurance ..............................................................70 Changes in the Work .......................................................................................................71 Change Orders .....................................................................................................71 Concealed Conditions ..........................................................................................72 Claims for Additional Cost .................................................................................72 Minor Changes in the Work ...............................................................................73 Uncovering and Correction of Work .............................................................................75 Uncovering of Work ............................................................................................75 Correction of Work..............................................................................................75 Acceptance of Defective or Non-Conforming Work .........................................76 Termination of the Contract ...........................................................................................77 Termination by the Contractor ..........................................................................77 Termination by the City ......................................................................................77 Supplemental General Conditions..................................................................................79 Certificate of Owner's Attorney .........................................................................79 Conflict of Interest ...............................................................................................79 Copeland "Anti-Kick-Back Act"........................................................................79 Clean Air Act ........................................................................................................80 Special Conditions ........................................................................................................................81 Insurance ..........................................................................................................................81 Workers' Compensation Insurance................................................................................81 8 Public Liability and Property Damage Insurance ........................................................81 Time for Completion........................................................................................................82 Liquidated Damages ........................................................................................................83 Special Wage Determination ...........................................................................................83 Nondiscrimination in Employment ................................................................................83 Payments ...........................................................................................................................84 Barricades .........................................................................................................................85 Location and Grade .........................................................................................................85 Hold Harmless Agreement ..............................................................................................85 Affidavit Compliance with the Prevailing Wage Law ..................................................85 Contractors Affidavit Regarding Settlement of Claims ..............................................85 Hold Harmless Agreement Form ...............................................................................................87 Affidavit Compliance with the Prevailing Wage Law Form ...................................................89 Contractors Affidavit Regarding Settlement of Claims Form ...............................................91 Wage Determination-Review for Missouri Employee Requirement .......................................93 Wage Rates ...................................................................................................................................95 Posting of Wage Rate Information .................................................................................95 Prevailing Wage Law Rules ............................................................................................95 Surface Sealing Treatment ..........................................................................................................97 Description ........................................................................................................................97 Material Requirements ....................................................................................................97 Construction Requirements ............................................................................................99 Method of Measurement ...............................................................................................100 Basis of Payment ............................................................................................................100 Traffic Control ...............................................................................................................100 Communication ..............................................................................................................100 Mastic Surface Treatment (Parking Lots) ...............................................................................101 Description ......................................................................................................................101 Material Requirements ..................................................................................................101 Basis of Payment ............................................................................................................102 Equipment ......................................................................................................................102 Construction Requirements ..........................................................................................103 One Weeks Notice .........................................................................................................104 Night Work .....................................................................................................................104 Staged Construction.......................................................................................................104 9 INSTRUCTIONS TO BIDDERS 1. Notice to Proceed will be issued by City Engineer and the completion date will be October 1, 2021. 2. Bids must be submitted on the "Bidder's Proposal" form only. Bids must be submitted in a sealed envelope, properly identified with the project name and number. Attached to the Bid Proposal shall be any applicable information or specification sheets, properly filled out, for the items bid. 3. Liquidated Damages - Should the contractor fail to complete the work on or before the completion date specified the contractor will be charged liquidated damages in the amount of $500.00 per calendar day for each full calendar day that the work is not fully completed. Liquidated damages will not be charged for weekends and holidays. 4. The bid must be filed with the City Clerk prior to the announced bid opening date and time. 5. The City of Rolla reserves the right to accept or reject any and/or all bids. 6. It will be the City's intent to accept low competent bid if it meets specifications and conditions. 7. Bidders are advised that the City of Rolla shall consider prior substandard goods or prior substandard service delivery or excessive distance to the City as a criterion for bid rejection. 8. Bids equal in cost and specifications may go to the local bidder (given they meet all other conditions). 9. All bids shall meet or exceed specifications. 10. Alternate bids may be considered, providing all specification differences are clearly indicated and contain justification statements. The City of Rolla shall be the sole judge as to the suitability of the service or equipment offered for the intended purpose from the alternate bid. 11. Any exceptions to these terms or conditions or deviations from written specifications shall be shown in writing and attached to the Bidder's Proposal. 12. Bidders are cautioned to verify their proposal before submission as requests for amendments, withdrawals or proposals, if received by the City after the time specified for opening, will not be considered. 13. In the event of discrepancies between Bidder's "Per Unit" price quotation and "Extended Total" quotation, the "Per Unit" quotation shall prevail. 10 14. Bidders must be factory authorized dealers for the equipment, service and parts of the items they are bidding. 15. Local bidders shall be defined as bidders in Rolla and the area surrounding Rolla for a five- mile radius from the city limits. 16. Successful bidder will be required to have the appropriate City of Rolla business license. 17. All questions regarding plans or specifications must be directed to the Department of Public Works no later than 72 hours prior to time for receipt for proposals. Addendums will be provided to all bidders. 11 INFORMATION FOR BIDDERS I. CONTRACT DOCUMENTS A. Plans, Specifications, and other contract documents, pursuant to which work is to be done, may be obtained at the office of the Public Works Director. B. The number of sets obtainable by any one party may be limited in accordance with available supply. C. Copies of drawings and specifications are on file at the office specified in Subparagraph A. above for the convenience of subcontractors and suppliers and may be seen and examined during regular business hours. II. BIDDER'S OBLIGATION A. Before submitting proposals each bidder shall carefully examine drawings, specifications, and related contract documents, visit site of work and fully inform himself as to all existing conditions, facilities, restrictions, and other matters which can affect the work or the cost thereof. B. It is recommended that each bidder attend the pre-bid conference as outlined in the notice to bidders. C. Each bidder shall include in his proposal the cost of all work and materials required to complete the contract in as hereinafter specified. D. Failure or omission of any bidder to receive or examine any form, instrument, addendum, or other document, or to visit site and acquaint himself with existing conditions, shall in no way relieve him from any obligation with respect to his proposal or contract, and no extra compensation will be allowed by reason of anything or matter concerning which bidder should have fully informed himself prior to bidding. E. Submission of proposals shall be deemed acceptance of the above obligations and each and ever obligation required to be performed by all of the contract documents in the event the proposal is accepted. III. DOCUMENT INTERPRETATION A. If any prospective bidder is in doubt as to the true meaning of any part of the specifications, drawings, or contract documents, he must submit a written request to the Public Works Director for an interpretation. 12 B. Requests for such interpretations must be delivered to the Public Works Director at least 72 hours prior to time for receipt of proposals. C. Proposals are to be based only on interpretations as issued in form of addenda mailed only to each person who is on the Public Works Director's record as receiving a set of the Contract Documents. IV. PROPOSALS A. Proposals will be received for the construction of "2021 Surface Sealing Treatment Project 524". B. Bidders shall apportion each Base Bid between various phases of the work, as stipulated in the Proposal Form. All work is to be done as defined in specifications and as indicated on drawings. C. Proposals are to be presented in sealed envelopes which are to be plainly marked: "2021 Surface Sealing Treatment Project 524" and mailed or delivered to the place specified in the Advertisement for Bids. Bidders shall be responsible for actual delivery of proposals during business hours, and it shall not be sufficient to show that a proposal was mailed in time to be received before scheduled closing time for receipt of proposal. D. Bidder's proposal shall include all city, state and federal sales, excise and similar taxes which may be lawfully assessed and all permits, governmental fees and licenses in connection with his performance of work and purchase of materials to be incorporated in the work. E. No bidder shall stipulate in his proposal any conditions not contained in the proposal form. F. The Owner reserves the right to waive informalities in proposals and to reject any or all proposals. V. MODIFICATION AND WITHDRAWAL OF BIDS A. Bidder may withdraw his proposal at any time prior to scheduled closing time for receipt of proposals, but no bidder may withdraw his proposal for the period of time specified in the Form of Proposal after scheduled closing time for receipt of bids. B. In the event any proposal is withdrawn after the scheduled closing time for receipt of proposals or bidder fails or refuses to execute contracts in accordance with a proposal acceptable to the City, or any other proposals submitted by such bidder may be considered by the City to have been withdrawn by such action on the part of the bidder. C. Only telegrams, letters, and other written requests for modifications or corrections of previously submitted proposals, which are addressed in the same manner as proposals and 13 are received by the City Clerk prior to scheduled closing time for receipt of proposals, will be accepted and proposal corrected in accordance with such written requests with the following provisions: 1. Provided that any such written request is contained in a sealed envelope which is plainly marked: "2021 Surface Sealing Treatment Project 524". 2. That in case of telegraphic modification the City is satisfied that written confirmation of such telegraphic modification over the signature of bidder was mailed prior to closing time. If such written confirmation is not received within two days from date of closing time, no consideration shall be given to telegraphic modification. VI. SIGNING OF PROPOSALS A. Proposals which are signed for a partnership shall be signed in the firm name by all partners, or in the firm name by Attorney-in-fact. If signed by Attorney-in-fact there should be attached to the proposal a Power of Attorney-in-fact evidencing authority to sign the proposal, dated the same date as the proposal and executed by all partners of the firm. B. Proposals signed for a corporation shall have the correct corporate name thereon and the signature of the president, attested by the Secretary and bear the corporate seal of the corporation. C. Proposals signed by an individual doing business under a firm name shall be signed in the name of the individual doing business under the proper firm name and style. VII. AWARD OF CONTRACT A. Subject to rights reserved, all work to be performed under these specifications will be awarded to one Contractor unless specifically modified under special conditions. B. The City reserves the right to let other contracts in connection with the work, including, but not by way of limitation, contracts for furnishing and installation of furniture, equipment, machines, appliances and other apparatus. C. In awarding the contract the city may take into consideration the ability to promptly handle the additional work, skill, facilities, capacity, experience, ability, responsibility, previous work and financial standing of bidder, quality, efficiency and construction of equipment proposed to be furnished, period of time within which equipment is proposed to be furnished and delivered, and necessity of prompt and efficient completion of work herein described. Inability of any bidder to meet the requirements mentioned above may be cause for rejection of his proposal. 14 VIII. CONTRACT SECURITY A. Each Bid must be accompanied by a bid bond payable to the owner for five percent (5%) of the total amount of the bid. As soon as the bid prices have been compared, the owner will return the bonds of all except the three lowest responsible bidders. When the agreement is executed the bonds of the two remaining unsuccessful bidders will be returned. The bid bond of the successful bidder will be retained until the payment bond and performance bond have been executed and approved, after which it will be returned. Only a bid bond issued by an acceptable surety company will be accepted with each bid. B. Contractor shall furnish a performance bond in an amount at least equal to 100 percent of the contract price as security for the faithful performance of his contract and for the payment of all persons performing labor on the project and furnishing materials in connection therewith under his contract as set forth in the standard form of performance bond. The surety on such bond shall be a duly authorized surety company satisfactory to the City. C. Contractor shall furnish at no cost to the City, no later than the time at which the executed contract and bond are returned, a properly certified copy of the current certificate of Authority to transact business in the State of Missouri of the surety company executing the required performance bond, such certificate to remain on file with the City Clerk. No performance bond will be approved by the City until such a certificate is furnished unless there is on file with the City Clerk such a current certificate, in which event no additional certificate will be required during the period of time for which the current certificate is in effect. D. If at any time the City for justifiable cause shall be or become dissatisfied with any surety or sureties then upon the performance bond, the Contractor shall within five days after notice from the City to do so, substitute an acceptable bond signed by such other surety or sureties as may be satisfactory to the City. IX. NOTICE TO PROCEED A. Bidders must agree to commence work on Date as specified in a written "Notice to Proceed" from the Public Works Director, and the entire work shall be completed by October 1, 2021 as stated in the Special Conditions. X. NUMBER OF CONSTRUCTION DOCUMENTS A. The City will furnish the Contractor a copy of the executed contract. B. The City will furnish the Contractor free of charge the number of complete sets of plans and specifications for the work and all applicable subdivisions thereof. 15 C. The City will furnish the Contractor the number of copies of explanatory of drawing changes required during construction as set forth in the Special Conditions. 16 17 PROPOSAL FOR CONSTRUCTION OF 2021 SURFACE SEALING TREATMENT PROJECT 524 FOR ROLLA, MISSOURI Proposal Submitted by: ___________________________________________ To the City Council, City of Rolla, Missouri: I. This proposal is submitted for the Project entitled "2021 Surface Sealing Treatment Project 524. II. The Contract Documents for these improvements are those prepared by the Public Works Department, City of Rolla, Missouri. III. In submitting this proposal, the undersigned declares that the only persons or parties interested in the proposal as principals are those named herein; and that the proposal is made without collusion with any other person, firm, or corporation. IV. A bid bond issued by an acceptable surety company and payable to the order of the City of Rolla, for not less than five percent (5%) of the total amount of the bid, is attached to this bid proposal. V. The undersigned further declares that he has carefully examined the proposal, plans and Specifications, and that he has familiarized himself with all of the local conditions affecting the contract and the detailed requirements of construction, and understands that in making this Proposal he waives all right to plead any misunderstanding regarding the same. VI. The undersigned has by investigation of the site of the work and otherwise satisfied himself as to the nature and location of the work and has fully informed himself as to all conditions and matters that can in any way affect the work or the cost thereof. VII. The undersigned further understands and agrees that if this Proposal is accepted he is to furnish and provide all necessary machinery, tools, apparatus and other means of construction, and to do all of the work and to furnish all of the materials specified in the 18 contract, except such materials and/or work as are to be furnished by the City, in the manner and at the time therein prescribed, and in accordance with the requirements therein set forth. VIII. The undersigned will execute the agreement and furnish the required performance and Payment Bonds and proof of insurance coverage within fourteen (14) days after notice to him of acceptance of his bid by the City; and further, that this bid may not be withdrawn for a period of sixty (60) days after the date set for the opening thereof. If any bidder shall withdraw his bid within said period, the Contractor shall be liable under the provisions of the Bid Security, or the Contractor and his surety shall be liable under the Bid Bond as the case may be. 19 CONTRACT AGREEMENT THIS AGREEMENT, made and entered into this _______ day of _________________, by and between the City of Rolla, Missouri, Party of the First Part and hereinafter called Owner, and ____________________________________________________ Party of the second Part and hereinafter called the Contractor. WITNESSETH: THAT WHEREAS, the Owner has caused to be prepared, in accordance with law, specifications, plans, and other Contract Documents for the work herein described, and has approved and adopted said documents, and has caused to be published and advertisement for and in connection with the construction of "2021 Surface Sealing Treatment Project 524", in complete accord with the Contract Documents and the said plans and specifications; and WHEREAS, the said Contractor, in response to such advertisement, has submitted to the Owner, in the manner and at the time specified, a sealed proposal in accordance with the terms of said advertisement; and WHEREAS, the Owner, in the manner prescribed by law, has publicly opened, examined and canvassed the proposals submitted in response to the published invitation therefore, and as a result of such canvass has determined and declared the aforesaid Contractor to be the lowest and best bidder for the said work and has duly awarded to the said Contractor a contract therefore, for the sum or sums named in the Contractor's proposal, a copy thereof being attached to and made a part of this contract. NOW THEREFORE, in consideration of the compensation to be paid to the Contractor and of the mutual agreement herein contained, the parties to these presents have agreed and hereby agree, the Owner for itself and its successors, and the Contractor for itself, himself, or themselves, or its, his or their successors and assigns, or its, his, or their executors and administrators, as follows: ARTICLE I. That the Contractor shall (a) furnish all tools, equipment, supplies, superintendent, transportation, and other construction accessories, services and facilities; (b) furnish all materials, supplies, and equipment specified and required to be incorporated in, and form a permanent part of the completed work except the items specified to be furnished by the Owner; (c) provide and perform all necessary labor, and (d) in a good, substantial, and workmanlike manner, and in accordance with the provisions of the General Conditions and the Special Conditions of the Contract, which are attached hereto and made a part hereof, and in conformity with the Contract Plans and Specifications designated and identified therein, execute, construct, and complete all work included in, and covered by the Owner's official award of this Contract to the said Contractor, such award being based on the acceptance by the Owner of the Contractor's proposal, for the construction of "2021 Surface Sealing Treatment Project 524". 20 It is further stipulated that not less than the prevailing hourly rate of wages as found by the Department of Labor and Industrial Relations of the State of Missouri, or determined by the Court of Appeal shall be paid to all workers performing work under this Contract. ARTICLE II. Contractor acknowledges that Section 285.530, R.S.Mo, prohibits any business entity or employer from knowingly employing, hiring for employment, or continuing to employ an unauthorized alien to perform work within the State of Missouri. Contractor therefore covenants that it is not knowingly in violation of Subsection 1 of Section 285.530, R.S.Mo, and that it will not knowingly employ, hire for employment, or continue to employ any unauthorized aliens to perform work on the Project, and that its employees are lawfully eligible to work in the United States. ARTICLE III. Occupational Safety and Health Administration (OSHA) Safety Training: a. Contractor shall provide a ten (10) hour Occupational Safety and Health Administration (OSHA) construction safety program for all employees who will be on-site at the project. The construction safety program shall include a course in construction safety and health that is approved by OSHA or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program as required by Section 292.675, R.S.Mo. b. Contractor shall require its on-site employees to complete a construction safety program within sixty (60) days after the date work on the project commences. c. Contractor acknowledges and agrees that any of Contractors employees found on the project site without the documentation of the successful completion of a construction safety program shall be required to produce such documentation within twenty (20) days, or will be subject to removal from the project. d. Contractor shall require all of its subcontractors to comply with the requirements of this Section and Section 292.675, R.S.Mo. Notice of Penalties for Failure to Provide Safety Training a. Pursuant to Section 292.675, R.S.Mo, Contractor shall forfeit to City as a penalty two thousand five hundred dollars ($2,500.00), plus one hundred dollars ($100.00) for each on- site employee employed by Contractor or its Subcontractor, for each calendar day, or portion thereof, such on-site employee is employed without the construction safety training required in Safety Training section of Article III above. b. The penalty described in above subsection A of this section shall not begin to accrue until the time periods described in Sections B and C Safety Training of Article III above have elapsed. c. Violations of Article III Safety Training above and imposition of the penalty described in this Section shall be investigated and determined by the Missouri Department of Labor and Industrial Relations. ARTICLE IV. That the Contractor shall construct and complete the work designated and described in the foregoing proposal and attached specifications in accordance with the Notice to Bidders, Instruction to Bidders, Proposal, Bond, General Conditions, Special Conditions, Technical Specifications, Drawings, Addenda, and other component parts of the Contract Documents hereto 21 attached, all of which documents from the Contract and are as fully a part hereto as if repeated verbatim herein. ARTICLE V. That the Owner shall pay to the Contractor for the performance of the work described as follows: Complete construction of the improvements in accordance with plans and specifications; and the Contractor will accept as full compensation therefore, the sum (subject to adjustment as provided by the Contract) of __________________________________________ for all work covered by and included in the contract award and designated in the foregoing Article I. Payment therefore shall be made in the manner provided in the General Conditions attached hereto. ARTICLE VI. That the Contractor shall begin assembly of materials and equipment within ten (10) days after receipt from the Owner of executed copies of the Contract, and that the Contractor shall commence work at date given by City Engineer when Notice to Proceed is issued and complete said work by October 1, 2021. Liquidated Damages - Should the contractor fail to complete the work on or before the completion date specified the contractor will be charged liquidated damages in the amount of $500.00 per calendar day for each full calendar day that the work is not fully completed. Liquidated damages will not be charged for weekends and holidays. ARTICLE VII. Before the final payment can be made to the Contractor on the project, the Contractor must complete and return the Affidavit Compliance with the Prevailing Wage Law form furnished at the end of the Special Conditions section. ARTICLE VIII. Before the final payment can be made on the project to the Contractor, the Contractor must complete and return the Contractors Affidavit Regarding Settlement of Claims form furnished at the end of the Special Conditions section. ARTICLE IX. This Contract will not be binding and effective until confirmed by the Owner, 22 IN WITNESS-WHEREOF: The parties have executed this Contract as of the day and year first above written. CITY OF ROLLA, MISSOURI CONTRACTOR BY______________________________ BY Mayor, Owner, Party of the First Part Printed Name Printed Name/Title STATE OF MISSOURI ) SS ) County of Phelps ) On this ________ day of ___________________ before me appeared __________________, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the City of Rolla, Missouri, a municipal corporation, and the seal affixed to said instrument is the corporate seal of said municipal corporation and that said instrument is the corporate seal of said municipal corporation and that said instrument was signed under authority of the City Council of the City of Rolla, Missouri; and the said _________________________ acknowledged said instrument to be the free act and deed of said municipal corporation. My Commission Expires: ___________________________ ___________________________ Notary Public STATE OF MISSOURI ) SS ) County of Phelps ) On this _________ day of ________________________, before me appeared ____________________________________________________ to me personally known, who, being by me duly sworn, did say that (s)he is the ____________________ of ______________________________________________________________ and that the seal affixed to said instrument is the corporate seal of said corporation by authority of its board of directors; and the said ___________________________ acknowledged said instrument to be the free act and deed of said corporation. My Commission Expires: ___________________________ ___________________________ Notary Public 23 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, RSMo, enclosed in the laws section, be liable for a penalty of five hundred dollars per day until the notices required by this section are posted a required by that statute. PROOF OF LAWFUL PRESENCE - 208.009 1. This Missouri Statute prohibits any illegal alien from receiving state or local public benefits, and 2. The Statute requires all applicants at the time of application for such public benefits to provide affirmative proof that the applicant is a citizen or a permanent resident of the United State or is lawfully present in the United States. 24 25 Affidavit of Work Authorization and Documentation Effective January 1, 2009 and pursuant to 285.530 RSMo, for all agreements in excess of $5,000.00, the bidder must affirm its enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein by submitting a completed, notarized copy of AFFIDAVIT OF COMPLIANCE WITH SECTION 285.500 R.S.MO., ET SEQ. FOR ALL AGREEMENTS IN EXCESS OF $5,000.00 and providing documentation affirming the bidders enrollment and participation in a federal work authorization program (see below) with respect to the employees proposed to work in connection with the services requested herein. The City of Rolla encourages companies that are not already enrolled and participating in a federal work authorization program to do so. E-Verify is an example of a federal work authorization program. Acceptable enrollment and participation documentation consists of the following two pages of the E-Verify Memorandum of Understanding (MOU): 1) a valid, completed copy of the first page identifying the bidder and 2) a valid copy of the signature page completed and signed by the bidder, the Social Security Administration, and the Department of Homeland Security - Verification Division. Information regarding E-verify is available at http://www.dhs.gov/xprevprot/programs/gc_1185221678150.shtm. or by calling 888-464-4218. http://www.dhs.gov/xprevprot/programs/gc_1185221678150.shtm 26 27 AFFIDAVIT OF COMPLIANCE SECTION 285.530.2 State of Missouri ) ss County of ) Now this day of , 20 __ , the undersigned, being first duly sworn, deposes and says: 1. I am more than 18 years of age. 2. I make this affidavit from my personal knowledge of the facts stated herein or upon information and facts available to me as a duly authorized owner, partner, corporate or LLC officer or Human Relations Director of (name of Corporation, LLC, sole proprietorship or partnership) 3. I am authorized to make this affidavit on behalf of . (name of business entity, same as above) 4. I state and affirm that is enrolled and is currently (Name of business entity, same as above) participating in E-Verify, a federal work authorization program or another equivalent electronic verification of work authorization program operated by the United States Department of Homeland Security under the Immigration Reform and Control Act of 1986. 5. Further, does not knowingly employ any person who is (name of business entity, same as above) an unauthorized alien. 6. Further, has performed an electronic verification check (name of business entity, same as above) as described above on all workers hired since January 1, 2009 or obtained documents required for completion of a federal I-9 form before it began participating in e-verify. 7. Attached to this affidavit is a true and accurate copy of this companys Memorandum of Understanding with the United States concerning the use of e-verify. I certify under penalty of perjury that the statements above are complete, true and accurate to the best of my knowledge and belief. (Authorized Agent, Partner, Owner or Officer If business has a Human Relations Director or equivalent that person must sign as an affiant as well. I certify under penalty of perjury that the statements above are complete, true and accurate to the best of my knowledge and belief. Human Relations Director 28 This form is promulgated pursuant to 15CSR 60-15.020. Use of this form is not required but the Attorney General has deemed this affidavit sufficient in form to satisfy the requirements of section 285.540, RSMo., Supp. 2008. FURTHER THE AFFIANT SAYETH NOT (Signature) On this day of in the year 20 ___, before me, _____________________________a Notary Public in and for said State, personally appeared , known to me to be the person who executed the within affidavit, and acknowledged to me that he/she executed the same for the purposes therein stated. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the county and State aforesaid, the day and year first above written. Notary Public My Commission Expires: 29 BID PRICE 2021 SURFACE SEALING TREATMENT PROJECT 524 The bid price for the Surface Sealing Treatment shall include furnishing equipment, labor, and materials to place an estimated 50,000 square yards of material on parking lots in accordance with the specifications. The successful Contractor shall be issued a NOTICE TO PROCEED By City Engineer and the completion date will be October 1, 2021. This bid will be awarded based on the total price of the material. The City reserves the right to waive informalities in proposals and to reject any or all proposals or parts of proposals. Payment shall be made for actual measured quantities. 30 31 2021 Surface Sealing Treatment PROJECT NUMBER 524 CITY OF ROLLA, MISSOURI QUOTATION FORM Includes all labor, material, and equipment necessary for constructing all improvements as directed at various locations throughout the community and as shown in these specifications. Item Description Qty. Unit Price Extended Total 1. Parking Lots - Surface Sealing Treatment 40,352 SQ YDS. $ ____________ $ _______________ TOTAL BID PRICE $ Date Address Signature City Please Print Name State, Zip Title Phone Firm Fax E-Mail 32 33 GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION ARTICLE 1 CONTRACT DOCUMENTS 1.1 DEFINITION 1.1.1 THE CONTRACT DOCUMENTS The Contract Documents consist of the City of Rolla-Contractor Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, and all Addenda issued prior to and all Modifications issued after execution of the Contract. A Modification is (1) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a written interpretation issued by the Public Works Director pursuant to Subparagraph 2.2.8, or (4) a written order for a minor change in the Work issued by the Public Works Director pursuant to Paragraph 12.4. The Contract Documents do not include Bidding Documents such as the Advertisement or Invitation to Bid, the Instructions to Bidders, sample forms, the Contractor's Bid or portions of Addenda relating to any of these, or any other documents, unless specifically enumerated in the City of Rolla-Contractor Agreement. 1.1.2 THE CONTRACT The Contract Documents form the Contract for Construction. This Contract represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. The Contract may be amended or modified only by a Modification as defined in Subparagraph 1.1.1. 1.1.3 THE WORK The Work comprises the completed construction required by the Contract Documents and includes all labor necessary to produce such construction, 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 the Work performed under the Contract. Documents may be the whole or a part. 1.2 EXECUTION, CORRELATION AND INTENT 1.2.1 The Contract Documents shall be signed in not less than triplicate by the City of Rolla and Contractor. If either the City or the Contractor or both do not sign the Conditions of the 34 Contract, Drawings, Specifications, or any of the other Contract Documents, the Public Works Director shall identify such Documents. 1.2.2 By executing the contract documents 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 intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work. The Contract Documents are complementary, and what is required by any one shall be as binding as if required by all. Work not covered in the Contract Documents will not be required unless it is consistent therewith and is reasonably inferable therefrom as being necessary to produce the intended results. Words and abbreviations which have well-known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings. 1.2.4 The organization of the Specifications into divisions, sections and articles, and the arrangement of Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade. 1.3 OWNERSHIP AND USE OF DOCUMENTS 1.3.1 All Drawings, Specifications and copies thereof furnished by the Public Works Director are and shall remain the property of the City. They are to be used with respect to this Project and are not to be used on any other project. Submission or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the City's common law copyright or other reserved rights. 35 ARTICLE 2 PUBLIC WORKS DIRECTOR 2.1 DEFINITION 2.1.1 The Public Works Director is the person lawfully licensed to practice engineering, or an entity lawfully practicing Engineering identified as such in the City of Rolla-Contractor Agreement, and is referred to throughout the Contract Documents as if singular in number and masculine in gender. The term Public Works Director means the Public Works Director or his authorized representative. 2.2 ADMINISTRATION OF THE CONTRACT 2.2.1 The Public Works Director will provide administration of the Contract as hereinafter described. 2.2.2 The Public Works Director will be the City's representative during construction and until final payment is due. The Public Works Director will advise and consult with appropriate City representatives. The City's instructions to the Contractor shall be forwarded through the Public Works Director. The Public Works Director will have authority to act on behalf of the city only to the extent provided in the Contract Documents. 2.2.3 The Public Works Director will visit the site at intervals appropriate to the stage of construction to monitor the progress and quality of the Work and to determine if the Work is proceeding in accordance with the Contract Documents. The Public Works Director will make on-site inspections to check the quality or quantity of the Work. On the basis of his on-site observations he will endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. 2.2.4 The Public Works Director will not be responsible for and will not have control or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and he will not be responsible for the Contractor's failure to carry out the work in accordance with the Contract Documents. The Public Works Director will not be responsible for or have control or charge over the acts or omissions of the Contractor, Subcontractors, or any of their agents or employees, or any other persons performing any of the Work. 2.2.5 The Public Works Director shall at all times have access to the Work wherever it is in preparation and progress. The Contractor shall provide facilities for such access so the Public Works Director may perform his functions under the Contract Documents. 2.2.6 Based on the Public Works Director's observations and an evaluation of the Contractor's Applications for Payment, the Public Works Director will determine the amounts owed 36 to the Contractor and will issue Certificates for Payment in such amounts, as provided in Paragraph 9.4. 2.2.7 The Public Works Director will be the interpreter of the requirements of the Contract Documents and the judge of the performance thereunder by both the City and Contractor. 2.2.8 The Public Works Director will render interpretations necessary for the proper execution or progress of the Work, with reasonable promptness and in accordance with any time limit agreed upon. Either party to the Contract may make written request to the Public Works Director for such interpretations. 2.2.9 Claims, disputes and other matters in question between the Contractor and the City relating to the execution or progress of the Work or the interpretation of the Contract Documents shall be referred initially to the Public Works Director for decision which he will render in writing within a reasonable time. 2.2.10 All interpretations and decisions of the Public Works Director shall be consistent with the intent of and reasonably inferable from the Contract Documents and will be in writing or in the form of drawings. In his capacity as interpreter and judge, he will endeavor to secure faithful performance by both the City and the Contractor, will not show partiality to either, and will not be liable for the result of any interpretation or decision rendered in good faith in such capacity. 2.2.11 The Public Works Director's decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents. 2.2.12 Any claim, dispute or other matter in question between the Contractor and the City referred to the Public Works Director, except those relating to artistic effect as provided in Subparagraph 2.2.11 and except those which have been waived by the making or acceptance of final payment as provided in Subparagraphs 9.9.4 and 9.9.5, shall be subject to arbitration upon the written demand of either party. However, no demand for arbitration of any such claim, dispute or other matter may be made until the earlier of (1) the date on which the Public Works Director has rendered a written decision, or (2) the tenth day after the parties have presented their evidence to the Public Works Director or have been given a reasonable opportunity to do so, if the Public Works Director has not rendered his written decision by that date. When such a written decision of the Public Works Director states (1) that the decision is final but subject to appeal, and (2) that any demand for arbitration of a claim, dispute or other matter covered by such decision must be made within thirty days after the date on which the party making the demand receives the written decision, failure to demand arbitration within said thirty days period will result in the Public Works Director's decision becoming final and binding upon the Public Works Director and the Contractor. If the Public Works Director renders a decision after arbitration proceedings have been initiated, such decision may be entered 37 as evidence but will not supersede any arbitration proceedings unless the decision is acceptable to all parties concerned. 2.2.13 The Public Works Director will have authority to reject Work which does not conform to the Contract Documents. Whenever, in his opinion, he considers it necessary or advisable for the implementation of the intent of the Contract Documents, he will have authority to require special inspection or testing of the Work in accordance with Subparagraph 7.7.2 whether or not such work be then fabricated, installed or completed. However, neither the Public Works Director's authority to act under this Subparagraph 2.2.13, nor any decision made by him in good faith either to exercise or not to exercise such authority, shall give rise to any duty or responsibility of the Public Works Director to the Contractor, any Subcontractor, any of their agents or employees, or any other person performing any of the Work. 2.2.14 The Public Works Director will review and approve or take other appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for conformance with the design concept of the Work and with the information given in the Contract Documents. Such action shall be taken with reasonable promptness so as to cause no delay. The Public Works Director's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 2.2.15 The Public Works Director will prepare Change Orders in accordance with Article 12, and will have authority to order minor changes in the Work as provided in Subparagraph 12.4.1. 2.2.16 The Public Works Director will conduct inspections to determine the dates of substantial completion and final completion, will receive and forward to the City for the City's review written warranties and related documents required by the Contract and assembled by the Contractor, and will issue a final Certificate for Payment upon compliance with the requirements of Paragraph 9.9. 2.2.17 The Public Works Director will provide one or more Project Representatives to assist the Public Works Director in carrying out his responsibilities at the site. The duties, responsibilities and limitations of authority of any such Project Representative shall be as set forth in an exhibit to be incorporated in the Contract Documents. 38 39 ARTICLE 3 CITY 3.1 DEFINITION 3.1.1 The City is the entity identified as such in the City of Rolla-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 of Rolla or its authorized representative. 3.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER 3.2.1 The City shall, at the request of the Contractor, at the time of execution of the City of Rolla-Contractor Agreement, furnish to the Contractor reasonable evidence that he had made financial arrangements to fulfill his obligation under the Contract. Unless such reasonable evidence is furnished, the Contractor is not required to execute the City of Rolla Contractor Agreement or to commence the Work. 3.2.2 The City shall furnish all surveys describing the physical characteristics, legal limitations, utility locations, right-of-ways and easements for the site of the Project. 3.2.3 Except as provided in Subparagraph 4.7.1, the City shall secure and pay for necessary approvals, easements, assessments and charges required for the construction, use or occupancy of permanent structures or for permanent changes in existing facilities. 3.2.4 Information or services under the City's control shall be furnished by the City with reasonable promptness to avoid delay in the orderly progress of the Work. 3.2.5 Unless otherwise provided in the Contract Documents, the Contractor will be furnished, free of charge, all copies of Drawings and Specifications reasonably necessary for the execution of the Work. 3.2.6 The City shall forward all instructions to the Contractor through the City Public Works Director. 3.2.7 The foregoing is in addition to other duties and responsibilities of the City enumerated herein and especially those in respect to Work by City or by Separate Contractors, Payments and Completion, and Insurance in Articles 6, 9 and 11 respectively. 3.3 CITY'S RIGHT TO STOP THE WORK 3.3.1 If the Contractor fails to correct defective Work as required by Paragraph 13.2 or persistently fails to carry out the Work in accordance with the Contract Documents, the City by a written order signed personally by the Mayor and Public Works Director, may order the Contractor to stop the Work, or any portion thereof, until the cause of such 40 order has been eliminated; however, this right of the City to stop the Work shall not give rise to any duty on the part of the City to exercise this right for the benefit to the extent required by Subparagraph 6.1.3. 3.4 CITY'S RIGHT TO CARRY OUT THE WORK 3.4.1 If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within seven days after receipt of written notice from the City to commence and continue correction of such default or neglect with diligence and promptness, the City may, after seven days following receipt by the Contractor of an additional written notice and without prejudice to any other remedy he may have, make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies including compensation for the Public Works Director's office additional services made necessary by such default, neglect or failure. Such action by the City and the amount charged to the Contractor are both subject to the prior approval of the Public Works Director. 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. 41 ARTICLE 4 CONTRACTOR 4.1 DEFINITION 4.1.1 The Contractor is the person or entity identified as such in the City of Rolla-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. 4.2 REVIEW OF CONTRACT DOCUMENTS 4.2.1 The Contractor shall carefully study and compare the Contract Documents and shall at once report to the Public Works Director any error, inconsistency or omission he may discover. The Contractor shall not be liable to the City or the Public Works Director for any damage resulting from any such errors, inconsistencies or omissions in the Contract Documents. The Contractor shall perform no portion of the Work at any time without Contract Documents or, where required, approved Shop Drawings, Product Data or Samples for such portion of the work. 4.3 SUPERVISION AND CONSTRUCTION PROCEDURES 4.3.1 The Contractor shall supervise and direct the Work, using his best skill and attention. He shall be solely responsible for all construction mean, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract. 4.3.2 The Contractor shall be responsible to the City for the acts and omissions of his employees, Subcontractors and their agents and employees, and other persons performing any of the Work under a contract with the Contractor. 4.3.3 The Contractor shall not be relieved from his obligations to perform the Work in accordance with the Contract Documents either by the activities or duties of the Public Works Director in his administration of the contract, or by inspections, tests or approvals required or performed under Paragraph 7.7 by persons other than the Contractor. 4.1 BEFORE FINAL PAYMENT-REQUIRED FINAL FORMS COMPLETION 4.4.1. Before final payment can be made, the general contractor and all subcontractors must file an "Affidavit of Compliance" form PW-4 (Enclosed in Special Conditions Section) with Public Works. The affidavit must state the contractor has fully complied with the Missouri Prevailing Wage Law, and Public Works must verify the correct wages were paid. No payment can be legally made by Public Works to the Contractor until the affidavit is filed in proper form and order with Public Works (See Sections 290.290 and 290.325, RSMo). 42 4.4.2. Contractors Affidavit regarding Settlement of Claims must be completed by the Contractor and returned to Public Works before final payment can be made to the Contractor. This form can be found at the end of Special Conditions in these specifications. 4.5 LABOR AND MATERIALS 4.5.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work whether temporary or permanent and whether or not incorporated or to be incorporated in the Work. 4.5.2 The Contractor shall at all time 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. 4.6 WARRANTY 4.6.1 The Contractor warrants to the City and the Public Works Director that all materials and equipment furnished under this Contract 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 conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the Public Works Director, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the provisions of paragraph 13.2. 4.7 TAXES 4.7.1 The Contractor shall pay all sales, consumer, use and other similar taxes for the Work or portions thereof provided by the Contractor which are legally enacted at the time bids are received, whether or not yet effective. 4.8 PERMITS, FEES AND NOTICES 4.8.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and for all other permits and governmental fees, licenses and inspections necessary for the proper execution and completion of the Work which are customarily secured after execution of the Contract and which are legally required at the time the bids are received. 43 4.8.2 The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the Work. 4.8.3 It is not the responsibility of the Contractor to make certain that the Contract Documents are in accordance with applicable laws, statutes, building codes and regulations. If the Contractor observes that any of the Contract Documents are at variance therewith in any respect, he shall promptly notify the Public Works Director in writing, and any necessary changes shall be accomplished by appropriate Modification. 4.8.4 If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the Public Works Director, he shall assume full responsibility therefore and shall bear all costs attributable thereto. 4.9 ALLOWANCES 4.9.1 The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. Items covered by these allowances shall be supplied for such amounts and by such persons as the City may direct, but the Contractor will not be required to employ persons against whom he makes a reasonable objection. 4.9.2 Unless otherwise provided in the Contract Documents: .1 these allowances shall cover the cost to the Contractor, less any applicable trade discount, of the materials and equipment required by the allowance delivered at the site, and all applicable taxes; .2 the Contractor's costs for unloading and handling on the site, labor, installation costs, overhead, profit and other expenses contemplated for the original allowance shall be included in the contract Sum and not in the allowance; .3 whenever the cost is more than or less than the allowance, the Contract Sum shall be adjusted accordingly by Change Order, the amount of which will recognize changes, if any, in handling costs on the site, labor, installation costs, overhead, profit and other expenses. 4.10 SUPERINTENDENT 4.10.1 The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during the progress of the Work. The superintendent shall represent the Contractor and all communications given to the superintendent shall be as binding as if given to the Contractor. Important communications shall be confirmed in writing. Other communication shall be so confirmed on written request in each case. 4.11 PROGRESS SCHEDULE 4.11.1 The Contractor, immediately after being awarded the Contract, shall prepare and submit for the City and Public Works Director's information an estimated progress schedule for 44 the Work. The progress schedule shall be related to the entire Project to the extent required by the Contract Documents, and shall provide for expeditious and practicable execution of the Work. 4.12 DOCUMENTS AND SAMPLES AT THE SITE 4.12.1 The Contractor shall maintain at the site for the City one record copy of all Drawings, Specifications, Addenda, Change Orders and other Modifications, in good order and marked currently to record all changes made during construction, and approved Shop Drawings, Product Data and Samples. These shall be available to the Public Works Director and shall be delivered to him for the City upon completion of the Work. 4.13 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 4.13.1 Shop Drawings are drawings, diagrams, schedules and other data specially prepared for the Work by the Contractor or any Subcontractor, manufacturer, supplier or distributor to illustrate some portion of the Work. 4.13.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate a material, product or system for some portion of the Work. 4.13.3 Samples are physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. 4.13.4 The Contractor shall review, approve and submit, with reasonable promptness and in such sequence as to cause no delay in the Work or in the work of the Owner or any separate Contractor, all Shop Drawings, Product Data and Samples required by the Contract Documents. 4.13.5 By approving and submitting Shop Drawings, Product Data and Samples, the Contractor represents that he has determined and verified all materials, field measurements, and field construction criteria related thereto, or will do so, and that he has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents. 4.13.6 The Contractor shall not be relieved of responsibility for any deviation from the requirements of the Contract Documents by the Public Works Director's approval of Shop Drawings, Product Data or Samples under Subparagraph 2.2.14 unless the Contractor has specifically informed the Architect in writing of such deviation at the time of submission and the Public Works Director has given written approval to the specific deviation. The Contractor shall not be relieved from responsibility for errors or omissions in the Shop Drawings, Product Data or Samples by the Public Works Director's approval thereof. 45 4.13.7 The Contractor shall direct specific attention, in writing or on resubmitted Shop Drawings, Product Data or Samples, to revisions other than those requested by the Public Works Director on previous submittals. 4.13.8 No portion of the Work requiring submission of a Shop Drawing, Product Data or Sample shall be commenced until the submittal has been approved by the Public Works Director as provided in Subparagraph 2.2.14. All such portions of the Work shall be in accordance with approved submittals. 4.14 USE OF SITE 4.14.1 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with any materials or equipment. 4.15 CUTTING AND PATCHING OF WORK 4.15.1 The Contractor shall be responsible for all cutting, fitting or patching that may be required to complete the Work or to make its several parts fit together properly. 4.15.2 The Contractor shall not damage or endanger any portion of the Work or the work of the City or any separate Contractors by cutting, patching or otherwise altering any work, or by excavation. The Contractor shall not cut or otherwise alter the work of the City or any separate Contractor except with the written consent of the City and of such separate Contractor. The Contractor shall not unreasonably withhold from the City or any separate Contractor his consent to cutting or otherwise altering the Work. 4.16 CLEANING UP 4.16.1 The Contractor at all times shall keep the construction site free from accumulation of waste materials or rubbish caused by his operations. At the completion of the work he shall remove all his waste materials and rubbish form and about the Project as well as all his tools, construction equipment, machinery and surplus materials. 4.16.2 If the Contractor fails to clean up at the completion of the Work, the City may do so as provided in Paragraph 3.4 and the cost thereof shall be charged to the Contractor. 4.17 COMMUNICATIONS 4.17.1 The Contractor shall forward all communications to the City through the Public Works Director. 46 4.18 ROYALTIES AND PATENTS 4.18.1 The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the City harmless from loss on account thereof, except that the City shall be responsible for all such loss when a particular design, process or the product of a particular manufacturer or manufacturers is specified, but if the Contractor has reason to believe that the design, process or product specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to the Public Works Director. 4.19 INDEMNIFICATION 4.19.1 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City and the Public Works Director and their agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's, fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Paragraph 4.18. 4.19.2 In any and all claims against the City or the Public Works Director or any of their agents or employees by any employee of the Contractor, any Subcontractor or anyone directly or indirectly employed by any of the above or anyone for whose acts any of them may be liable, the indemnification obligation under this Paragraph 4.18 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 workers' or worker's compensation acts, disability benefit acts or other employee benefit acts. 4.19.3 The obligations of the Contractor under this Paragraph 4.18 shall not extend to the liability of the Public Works Director, his agents or employees, arising out of (1) the preparation or approval of maps, drawings, opinions, reports surveys, change orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the Public Works Director, his agents or employees provided such giving or failure to give is the primary cause of the injury or damage. 47 ARTICLE 5 SUBCONTRACTORS 5.1 DEFINITION 5.1.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform any of the Work at the site. 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. The term Subcontractor does not include any separate Contractor or his subcontractors. 5.1.2 A Sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform any of the Work at the site. 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 and authorized representative thereof. 5.2 AWARD OF SUBCONTRACTORS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK 5.2.1 Unless otherwise required by Contract Documents or the Bidding Documents, the Contractor, as soon as practicable after the award of the Contract, shall furnish to the Public Works Director in writing the names of the persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each of the principal portions of the Work. The Public Works Director will promptly reply to the Contractor in writing stating whether or not the City or the Public Works Director after due investigation, has reasonable objection to any such proposed person or entity. Failure of the City or to reply promptly shall constitute notice of no reasonable objection. 5.2.2 The Contractor shall not contract with any such proposed person or entity to whom the City or the Public Works Director has made reasonable objection under the provisions of Subparagraph 5.2.1. The Contractor shall not be required to contract with anyone to whom he has reasonable objection. 5.2.3 If the City or the Public Works Director has reasonable objection to any such proposed person or entity, the Contractor shall submit a substitute to whom the City or the Public Works Director has no reasonable objection, and the Contract Sum shall be increased or decreased by the difference in cost occasioned by such substitution and an appropriate Change Order shall be issued; however, no increase in the Contract Sum shall be allowed for any such substitution unless the Contractor has acted promptly and responsively in submitting names as required by Subparagraph 5.2.1. 48 5.2.4 The Contractor shall make no substitution for any Subcontractor, person or entity previously selected if the City or Public Works Director makes reasonable objection to such substitution. 5.3 SUBCONTRACTUAL RELATIONS 5.3.1 By an appropriate agreement, written where legally required for validity, the Contractor shall require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by the terms of the Contract Document, and to assume toward the Contractor all the obligations and responsibilities which the Contractor, by these Documents, assumes toward the City and the Public Works Director. Said agreement shall preserve and protect the rights of the City and the Public Works Director under the Contract Documents with respect to the Work to be performed by the Subcontractor so that the subcontracting thereof will not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherwise in the Contractor-Subcontractor agreement, the benefit of all rights, remedies and redress against the Contractor that the Contractor, by these Documents, has against the City. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements with his Sub-subcontractors. The Contractor shall make available to each proposed Subcontractor, prior to the execution of the Subcontract, copies of the Contract Documents to which the Subcontractor will be bound by this Paragraph 5.3, and identify to the Subcontractor any terms and conditions of the proposed Subcontract which may be at variance with the Contract Documents. Each Subcontractor shall similarly make copies of such Documents available to his Sub-subcontractors. 49 ARTICLE 6 WORK BY CITY OR BY SEPARATE CONTRACTORS 6.1 CITY'S RIGHT TO PERFORM WORK AND TO AWARD SEPARATE CONTRACTS 6.1.1 The City reserves the right to perform work related to the Project with his own forces, and to award separate contracts in connection with other portions of the Project or other work on the site under these or similar Conditions of the contract. If the Contractor claims that delay or additional cost is involved because of such action by the City, he shall make such claim as provided elsewhere in the Contract Documents. 6.1.2 When separate contracts are awarded for different portions of the Project or other work on the site, the term Contractor in the Contract Documents in each case shall mean the Contractor who executes each separate City of Rolla Contractor Agreement. 6.1.3 The City will provide for the coordination of the work of his own forces and of each separate Contractor with the Work of the Contractor, who shall cooperate therewith as provided in Paragraph 6.2. 6.2 MUTUAL RESPONSIBILITY 6.2.1 The Contractor shall afford the City and separate Contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall connect and coordinate his Work with theirs as required by the Contract Documents. 6.2.2 If any part of the Contractor's Work depends for proper execution or results upon the work of the City or any separate Contractor, the Contractor shall, prior to proceeding with the Work, promptly report to the Public Works Director any apparent discrepancies or defects in such other work that renders it unsuitable for such proper execution and results. Failure of the Contractor so to report shall constitute an acceptance of the City or separate Contractors' work as fit and proper to receive his Work, except as to defects which may subsequently become apparent in such work by others. 6.2.3 Any costs caused by defective or ill-timed work shall be borne by the party responsible therefor. 6.2.4 Should the Contractor wrongfully cause damage to the work or property of the City, or to other work on the site, the Contractor shall promptly remedy such damage as provided in Subparagraph 10.2.5. 6.2.5 Should the Contractor wrongfully cause damage to the work or property of any separate Contractor, the Contractor shall upon due notice promptly attempt to settle with such

901 North Elm Street Rolla, MO 65401Location

Address: 901 North Elm Street Rolla, MO 65401

Country : United StatesState : Missouri

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