1-Specifications and Contract.pdf

Jefferson City Department of Public Works

March, 2026

SPECIFICATIONS AND CONTRACT DOCUMENTS

PROJECT NO. 32208

High Street Viaduct Deck Repair

TABLE OF CONTENTS

Advertisement for Bids

Notice to Bidders

Information for Bidders

Bid Form *

Bid Bond *

Anti-Collusion Statement *

Contractor's Affidavit *

Minority Business Enterprise Statement

Minority Business Utilization Agreement *

Federal Work Authorization Program Affidavit

Construction Contract

Performance, Payment, and Guarantee Bond

General Provisions

Special Provisions

Attachments

Addendums ( If Any )

(* INDICATES THIS ITEM INCLUDED IN BID PACKET FOR SUBMISSION OF BID)

ADVERTISEMENT FOR BIDS

Sealed bids will be received at the office of the Purchasing Agent, 320 East McCarty Street, Jefferson City, Missouri 65101, until 1:30 P.M., on Tuesday, April 7, 2026.

The bids will be opened and read aloud in the Council Chambers at 1:30 P.M. on that same day.

The proposed work for the project entitled "Project No. 32208, High Street Viaduct Deck Repair" will include the furnishing of all material, labor, and equipment to make a full depth pavement repair to the High Street Viaduct.

A pre-bid conference will be held at 10:30 A.M., on Tuesday, March 31, 2026 in the Thomas Jefferson Confrence Room of City Hall, 320 E, McCarty Street, Jefferson City, MO 65101. All prospective bidders are urged to attend.

Plans may be obtained electronically, at no cost, at the following site:

https://jeffersoncitymo.bonfirehub.com. Alternatively, paper copies of the plans and specifications may be obtained for a non-refundable deposit of Twenty Dollars ($20.00) from the Director of Public Works, 320 East McCarty Street, Jefferson City, Missouri.

The City reserves the right to reject any and all bids and to waive informalities therein, to determine which is the lowest and best bid and to approve the bond.

Any questions that arise as a result of this advertisement should be directed to the City of Jefferson Department of Public Works at (573) 634-6410.

Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow 3 business days to process the request.

CITY OF JEFFERSON

Megan Stephenson Purchasing Agent

Publication Date Sunday, March 22, 2026

NOTICE TO BIDDERS

Sealed bids will be received at the Office of the Purchasing Agent, City Hall, 320 East McCarty Street, Jefferson City, Missouri, until 1:30 P.M. on Tuesday, April 7, 2026. The bids will be opened and read aloud in the Council Chambers at 1:30 P.M.

on that same day.

The proposed work for the project entitled "Project No. 32208, High Street Viaduct Deck Repair" will include the furnishing of all material, labor, and equipment to make a full depth pavement repair to the High Street Viaduct.

A pre-bid conference will be held at 10:30 A.M., on Tuesday, March 31, 2026 in the Thomas Jefferson Confrence Room of City Hall, 320 E. McCarty Street, Jefferson City, MO 65101. All prospective bidders are urged to attend.

All equipment, material, and workmanship must be in accordance with the plans, specifications, and contract documents on file with the Director of Public Works, Jefferson City, Missouri.

Plans may be obtained electronically, at no cost, at the following site:

https://jeffersoncitymo.bonfirehub.com. Alternatively, paper copies of the plans and specifications may be obtained for a non-refundable deposit of Twenty Dollars ($20.00) from the Director of Public Works, 320 East McCarty Street, Jefferson City, Missouri.

A certified check on a solvent bank or a bid bond by a satisfactory surety in an amount equal to five (5) percent of the total amount of the bid must accompany each proposal.

A one-year Performance and Guarantee Bond is required.

The owner reserves the right to reject any or all bids and to waive informalities therein to determine which is the lowest and best bid and to approve the bond.

CITY OF JEFFERSON, MISSOURI

Kyle Bruemmer, P. E.

Director of Public Works

INFORMATION FOR BIDDERS

IB-1 SCOPE OF WORK

The work to be done under this contract includes the furnishing of all technical personnel, labor, materials, and equipment required to perform the work included in the project entitled "Project No. 32208, High Street Viaduct Deck Repair" in accordance with the plans and specifications on file with the Department of Public Works.

The proposed work for this project will include the furnishing of all material, labor, and equipment to make a full depth pavement repair to the High Street Viaduct.

IB-2 INSPECTION OF PLANS, SPECIFICATIONS, AND SITE OF WORK

The bidder is required to examine carefully the site of the proposed work, the bid, plans, specifications, supplemental specifications, special provisions, and contract documents before submitting a bid. Failure to do so will not relieve a successful bidder of the obligation to furnish all materials and labor necessary to carry out the provisions of the contract.

IB-3 INTERPRETATION OF CONTRACT DOCUMENTS

If the bidder has any questions which arise concerning the true meaning or intent of the Plans, Specifications or any part thereof, which affect the cost, quality, quantity, or character of the project, he shall request in writing, at least five (5) days prior to the date fixed for the bid opening, that an interpretation be made and an addendum be issued by the City, which shall then be delivered to all bidders to whom Plans and Specifications have been issued.

All addenda issued shall become part of the contract documents. Failure to have requested an addendum covering any questions affecting the interpretation of the Plans and Specifications shall not relieve the Contractor from delivering the completed project in accordance with the intent of the Plans and Specifications to provide a workable project.

IB-4 QUALIFICATIONS OF BIDDERS

The City of Jefferson may make such investigations as deemed 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 the bidder 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.

IB-5 EQUIVALENT MATERIAL

Wherever definite reference is made in these Specifications to the use of any particular material or equipment, it is to be understood that any equivalent material or equipment may be used which will perform adequately the duties imposed by the general design, subject to the approval of the City.

IB-6 BID SECURITY

Each bid must be accompanied by a certified check or bid bond made payable to the City of Jefferson for five percent (5%) of the amount of the bid. Bid securities will be returned after award of the contract except to the successful bidder.

Should the successful bidder fail or refuse to execute the bond and the contract required within seven (7) days after he has received notice of acceptance of his bid, he shall forfeit to the City as liquidated damages for such failure or refusal, the security deposited with his bid.

IB-7 PREPARATION OF BIDS

Bids must be made upon the prescribed forms attached in these Contract Documents. Only sealed bids will be considered, all bids otherwise submitted will be rejected as irregular.

All blank spaces in the bid must be filled in and no change shall be made in the phraseology of the bid, or addition to the items mentioned therein. Any conditions, limitations or provisions attached to bids will render them informal and may be considered cause for their rejection.

Extensions of quantities and unit prices shall be carried out to the penny.

IB-8 PRICES

The price submitted for each item of the work shall include all costs of whatever nature involved in its construction, complete in place, as described in the Plans and Specifications.

Section 144.062 RSMo provides that the City's sales tax exemption may be used for the purchase of goods and materials for this project. The contract for the project will authorize and direct the Contractor to utilize the City's sales tax exemption in the purchase of goods and materials for the project. This provision shall apply to only those purchases totaling over $500 from an individual supplier.

All sales taxes on those items which do not qualify for the use of the City's sales tax exemption and for which sales tax might lawfully be assessed against the City are to be paid by the Contractor from the monies obtained in satisfaction of the Contract. It being understood by the bidder, that the bid prices submitted for those items shall include the cost of such taxes.

IB-9 APPROXIMATE QUANTITIES

In cases where any part or all of the bidding is to be received on a unit price basis, the quantities stated in the bid will not be used in establishing final payment due the successful Contractor. The quantities stated on which unit prices are so invited are approximate only and each bidder shall make his own estimate from the plans of the quantities required on each item and calculate his unit price bid for each item accordingly. Bids will be compared on the basis of number of units stated in the bid. Such estimated quantities, while made from the best information available, are approximate only. Payment of the Contract will be based on actual number of units installed on the complete work.

IB-10 LUMP SUM ITEMS

Payment for each lump sum item shall be at the lump sum bid for the item, complete in place, and shall include the costs of all labor, materials, tools and equipment to construct the item as described herein and to the limits shown on the Plans.

IB-11 SUBMISSION OF BIDS

The Bid and the Bid Security guaranteeing the same shall be placed in a sealed envelope and marked "Project No. 32208, High Street Viaduct Deck Repair", or bids may be submitted electronically through the Bonfirehub site.

IB-12 ALTERNATE BIDS

In making the award, if alternate bids have been requested, the alternate bid which will be in the best interest of the City will be used.

IB-13 WITHDRAWAL OF BIDS

If a bidder wishes to withdraw his bid, he may do so before the time fixed for the opening, without prejudice to himself. No bidder may withdraw his bid for a period of ninety (90) days after the scheduled closing time for the receipt of bids.

No bids received after the time set for opening for bids will be considered.

IB-14 RIGHT TO REJECT BIDS

The City reserves the right to reject any or all bids, to waive any informality in the bids received, or to accept the bid or bids that in its judgement will be in the best interests of the City of Jefferson.

IB-15 AWARD OF CONTRACT

If, within seven (7) days after he has received notice of acceptance of his bid, the successful bidder or bidders shall refuse or neglect to come to the office of the Director of Public Works and to execute the Contract and to furnish the required Performance and Payment Bonds and Insurance, properly signed by the Contractor and the Surety and Sureties satisfactory to the City of Jefferson as hereinafter provided, the bidder or bidders shall be deemed to be in default and shall forfeit the deposit.

IB-16 PERFORMANCE AND PAYMENT BOND

A Performance and Payment Bond in an amount equivalent to one hundred percent (100%) of the Contract price, must be furnished and executed by the successful bidder or bidders.

A form for the bidders use is contained in these Contract Documents.

The issuing Surety shall be a corporate Surety Company or companies of recognized standing licensed to do business in the State of Missouri and acceptable to the City of Jefferson.

IB-17 INDEMNIFICATION AND INSURANCE

The Contractor agrees to defend, indemnify and hold harmless the City from all claims and suits for loss of or damage to property, including loss of all judgments recovered therefore, and from all expense in defending said claims, or suits, including court costs, attorney fees and other expense caused by any act or omission of the Contractor and/or his subcontractors, their respective agents, servants or employees.

The Contractor shall be required to provide the City of Jefferson with a Certificate of Insurance outlining the coverage provided.

IB-18 BID SECURITY RETURNED TO SUCCESSFUL BIDDER

Upon the execution of the Contract and approval of Bond, the Bid Security will be returned to the bidder unless the same shall have been presented for collection prior to such time, in which case the amount of the deposit will be refunded by the City.

IB-19 NONDISCRIMINATION IN EMPLOYMENT

Contracts for work under this bid will obligate the Contractor and subcontractors not to discriminate in employment practices.

IB-20 GUARANTEE

The Contractor shall guarantee that the equipment, materials and workmanship furnished under this contract will be as specified and will be free from defects for a period of one year from the date of final acceptance. In addition, the equipment furnished by the Contractor shall be guaranteed to be free from defects in design.

Within the guarantee period and upon notification of the Contractor by the City, the Contractor shall promptly make all needed adjustments, repairs or replacements arising out of defects which, in the judgment of the City become necessary during such period.

The cost of all materials, parts, labor, transportation, supervision, special tools, and supplies required for replacement of parts, repair of parts or correction of abnormalities shall be paid by the Contractor or by his surety under the terms of the Bond.

The Contractor also extends the terms of this guarantee to cover repaired parts and all replacement parts furnished under the guarantee provisions for a period of one year from the date of installation thereof.

If within ten days after the City gives the Contractor notice of defect, failure, or abnormality of the work, the Contractor neglects to make, or undertake with due diligence to make, the necessary repairs or adjustments, the City is hereby authorized to make the repairs or adjustments itself or order the work to be done by a third party, the costs of the work to be paid by the Contractor.

In the event of an emergency where, in the judgment of the City delays would cause serious loss or damage, repairs or adjustments may be made by the City or a third party chosen by the City without giving notice to the Contractor, and the cost of the work shall be paid by the Contractor or by his surety under the terms of the Bond.

IB-21 WORK SCHEDULE

To insure that the work will proceed continuously through the succeeding operations to its completion with the least possible interference to traffic and inconvenience to the public, the

Contractor shall, at the request of the City, submit for approval a complete schedule of his proposed construction procedure, stating the sequence in which various operations of work are to be performed.

IB-22 CONTRACT TIME

The contract time shall be 15 working days.

IB-23 LIQUIDATED DAMAGES

Liquidated damages shall be assessed at the rate of per calendar day until the work is complete, should the project not be completed within the contract time.

IB-24 POWER OF ATTORNEY

Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney.

IB-25 QUESTION PERIOD

All questions concerning the project must be submitted five days prior to the bid opening.

Answers to the submitted questions, minutes from the Pre-Bid Meeting, and other relevant information or corrections will then be issued as an addendum to this agreement.

IB-26 BID PACKET

Each bid must be submitted on the prescribed forms and contain certain certifications and documentation.

Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, the bidder's address, and the name of the project for which the bid is being submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as follows:

Purchasing Agent City of Jefferson, MO 320 E. McCarty Street Jefferson City, MO 65101

For the convenience of bidding this project, a "BID PACKET" has been included with the project manual. This packet contains the necessary forms to be submitted with the bid proposal. The contents of this packet include the following:

1) BID FORM

2) BID BOND

3) ANTI-COLLUSION STATEMENT

4) CONTRACTOR'S AFFIDAVIT

5) MINORITY BUSINESS UTILIZATION AGREEMENT

END OF INFORMATION FOR BIDDERS

BID FORM

Name of Bidder______________________________________________________________

Address of Bidder_____________________________________________________

To: CITY OF JEFFERSON 320 East McCarty Street Jefferson City, Missouri 65101

THE UNDERSIGNED BIDDER, having examined the plans, specifications, regulations of the Contract, Special Conditions, other proposed contract documents and all addenda thereto; and being acquainted with and fully understanding (a) the extent and character of the work covered by this Bid; (b) the location, arrangement, and specified requirements for the proposed work; (c) the location, character, and condition of existing streets, roads, highways, railroads, pavements, surfacing, walks, driveways, curbs, gutters, trees, sewers, utilities, drainage courses, structures, and other installations, both surface and underground which may affect or be affected by the proposed work; (d) the nature and extent of the excavations to be made and the type, character, and general condition of materials to be excavated; (e) the necessary handling and rehandling of excavated materials; (f) the location and extent of necessary or probable dewatering requirements; (g) the difficulties and hazards to the work which might be caused by storm and flood water; (h) local conditions relative to labor, transportation, hauling, and rail delivery facilities; and (i) all other factors and conditions affecting or which may be affected by the work.

HEREBY PROPOSED to furnish all required materials, supplies, equipment, tools, and plant; to perform all necessary labor and supervision; and to construct, install, erect, and complete all work stipulated, required by, and in accordance with the proposed contract documents and the drawings, specifications, and other documents referred to therein (as altered, amended, or modified by addenda) in the manner and time prescribed and that he will accept in full payment sums determined by applying to the quantities of the following items, the following unit prices and/or any lump sum payments provided, plus or minus any special payments and adjustments provided in the specifications and he understands that the estimated quantities herein given are not guaranteed to be the exact or total quantities required for the completion of the work shown on the drawings and described in the specifications, and that increases or decreases may be made over or under the Contract estimated quantities to provide for needs that are determined during progress of the work and that prices bid shall apply to such increased or decreased quantities as follows:

ITEMIZED BID FORM

ITEM

NO. DESCRIPTION UNIT

APPROX.

QUANTITY

UNIT

PRICE AMOUNT

1 Mobilization LS 1

2 Full Depth Repair SF 64

TOTAL BASE BID

Signature of Bidder Date

HIGH STREET VIADUCT DECK REPAIR

PROJECT NO. 32208

SUBCONTRACTORS

If the Bidder intends to use any subcontractors in the course of the construction, he shall list them.

TIME OF COMPLETION

The undersigned hereby agrees to complete the project within 15 working days, subject to the stipulations of the regulations of the Contract and the Special Provisions.

It is understood and agreed that if this bid is accepted, the prices quoted above include all applicable state taxes and that said taxes shall be paid by the Contractor.

The undersigned, as Bidder, hereby declares that the only persons or firms interested in the bid as principal or principals is or are named herein and that no other persons or firms than herein mentioned have any interest in this bid or in the Contract to be entered into; and this bid is made without connection with any other person, company, or parties making a bid; and that it is in all respects fair and in good faith, without collusion or fraud.

The undersigned agrees that the accompanying bid deposit shall become the property of the Owner, should he fail or refuse to execute the Contract or furnish Bond as called for in the specifications within the time provided.

If written notice of the acceptance of this bid is mailed, telegraphed, or delivered to the undersigned within sixty (60) days after the date of opening of bids, or any time thereafter before this bid is withdrawn, the undersigned will, within ten (10) days after the date of such mailing, telegraphing, or delivering of such notice, execute and deliver a Contract in the form of Contract attached.

The undersigned hereby designates as his office to which such notice of acceptance may be mailed, telegraphed, or delivered:

It is understood and agreed that this bid may be withdrawn at any time prior to the scheduled time for the opening of bids or any authorized postponement thereof.

Attached hereto is a Bid Bond for the sum of ____________________________ Dollars (cashier's check), make payable to the City of Jefferson.

Signature of Bidder:

If an individual,________________________________________, doing business as_______________________________________________.

If a partnership,_______________________________________, member of firm.

by_______________________________________________.

If corporation,________________________________________________________ by ______________________________________________.

Title ______________________________________________

SEAL

Business Address of Bidder_____________________________________________

If Bidder is a corporation, supply the following information:

State in which incorporated_____________________________________

Name and Address of its:

President ___________________________________________

Secretary ____________________________________________

Date_______________________________

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,__________________________________________________as Principal, and______________________________________________as Surety, are hereby held and firmly bound unto the CITY OF JEFFERSON, MISSOURI , as owner, in the penal sum of____________________________________________for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns, this______day of___________, 20 ____.

The condition of the above obligation is such that whereas the Principal has submitted to the CITY OF JEFFERSON, MISSOURI a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for the project entitled:

"Project No. 32208, High Street Viaduct Deck Repair"

NOW, THEREFORE,

(a) If said Bid shall be rejected, or in the alternate,

(b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by the extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

_________________________________(L.S.)

Principal

By:_________________________________

SEAL

Surety

By: _________________________________

ANTI-COLLUSION STATEMENT

STATE OF _______________________________)

COUNTY OF _____________________________)

___________________________________________________ being first duly sworn, deposes and says that he is ________________________________ of

TITLE OF PERSON SIGNING

NAME OF BIDDER

that all statements made and facts set out in the bid 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 result from its acceptance.

Affiant further certifies that bidder is not financially interested in, or financially affiliated with, any other bidder for the above project.

(BY)___________________________________

(BY)___________________________________

Sworn to before me this _______day of ___________________, 20 ___.

NOTARY PUBLIC

My commission expires:________________________________

CONTRACTOR'S AFFIDAVIT

This affidavit is hereby made a part of the Bid, and an executed copy thereof shall accompany each Bid submitted.

STATE OF _________________________)

) ss

COUNTY OF _______________________)

The undersigned, _______________________________________________, of lawful age, being first duly sworn states upon oath that he is

______________________________________________________________ of the contractor submitting the attached bid, that he knows of his own knowledge and states it to be a fact that neither said bid nor the computation upon which it is based include any amount of monies, estimate or allowance representing wages, moneys or expenses, however designated, proposed to be paid to persons who are not required to furnish material or actually perform services upon or as a part of the proposed project.

AFFIANT

Subscribed and sworn to before me, a Notary Public, in and for the County and State aforesaid, this _____ day of ___________________, 20____.

NOTARY PUBLIC

My Commission Expires:________________________________

MINORITY BUSINESS ENTERPRISE STATEMENT

Contractors bidding on City contracts shall take the following affirmative steps to assure that small, women owned, and minority business are utilized when possible as sources of suppliers, services, and construction items.

1. Contractor's will submit the names and other information if any, about their

MBE sub-contractors along with their bid submissions.

2. Sufficient and reasonable efforts will be made to use qualified MBE sub-contractors when possible on City contracts.

3. Qualified small, women owned, and minority business will be included on solicitation lists as sub-contractors for City supplies, services, and construction.

4. Qualified small, women owned, and minority business will be solicited whenever they are potential sources.

5. When economically feasible, Contractors will divide total requirements into smaller tasks or quantities so as to permit maximum small, women owned, and minority business participation.

6. Where the requirement permits, Contractor will establish delivery schedules which will encourage participation by small, women owned and minority businesses.

7. Contractor will use the services and assistance of the Small Business

Administration, the Office of Minority Business Enterprise, and the Community Services Administration.

8. Forms for determining Minority Business Enterprise eligibility may be obtained from the Department of Public Works.

MINORITY BUSINESS UTILIZATION AGREEMENT

A. The bidder agrees to attempt to expend at least two and twelve hundredths percent (2.12)% of the contract, if awarded, for Minority Business Enterprise (MBE). For purposes of this goal, the term "Minority Business Enterprise" shall mean a business:

1. Which is at least 51 percent owned by one or more minorities or women, or, in the case of a publicly owned business, at least 51 percent of the stock of which is owned by one or more minorities or women; and

2. Whose management and daily business operations are controlled by one or more such individuals.

"Minority Group Member" or "Minority" means a person who is a citizen or lawful permanent resident of the United States, and who is:

1. Black (a person having origins in any of the black racial groups of Africa);

2. Hispanic (a person of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the Caribbean Island, regardless of race);

3. Asian American (a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian sub-continent, or the Pacific Islands);

4. American Indians and Alaskan Native (a person having origins in any of the original peoples of North America);

5. Member of other groups, or other individuals, found to be economically and socially disadvantaged by the Small Business Administration under Section 8(a) of the Small Business Act, as amended [15 U.S.C. 637(a)].

6. A female person who requests to be considered as an MBE, and who "owns" and "controls" a business as defined herein.

Minority Business Enterprises may be employed as contractors, subcontractors, or suppliers.

B. The bidder must indicate the Minority Business Enterprise(s) proposed for utilization as part of this contract as follows:

Name and Addresses Nature of Dollar Value of of Minority Firms Participation Participation

Total Bid Amount:_______________________ Total: _____________

Percentage of Minority Enterprise Participation:___________%

C. The bidder agrees to certify that the minority firm(s) engaged to provide materials or services in the completion of this project: (a) is a bona fide Minority Business Enterprise; and (b) has executed a binding contract to provide specific materials or services for a specific dollar amount.

A roster of bona fide Minority Business Enterprise firms will be furnished by the City of Jefferson. The bidder will provide written notice to the Liaison Officer of the City of Jefferson indicating the Minority Business Enterprise(s) it intends to use in conjunction with this contract. This written notice is due five days after notification to the lowest bidder.

Certification that the Minority Business Enterprise(s) has executed a binding contract with the bidder for materials or services should be provided to the MBE Coordinator at the time the bidder's contract is submitted to the MBE Coordinator.

D. The undersigned hereby certified that he or she has read the terms of this agreement and is authorized to bind the bidder to the agreement herein set forth.

NAME OF AUTHORIZED OFFICER

DATE ____________ _______________________________________

SIGNATURE OF AUTHORIZED OFFICER

FEDERAL WORK AUTHORIZATION PROGRAM AFFIDAVIT

State of Missouri ) County of Cole )

The undersigned affiant, ____________________________, being first duly sworn, hereby deposes and says:

1. I am over the age of eighteen, suffer no legal disabilities, have personal knowledge of the facts set forth below, and am competent to testify.

2. I am authorized to make this affidavit on behalf of

3. I hereby affirm that the company identified in section 2 of this affidavit is enrolled and participates in a federal work authorization program with respect to the employees working in connection with the contracted services. The name of said Federal Work Authorization program is

4. I hereby affirm that the company identified in section 2 of this affidavit does not knowingly employ any person who is an unauthorized alien in connection with the contracted services.

This the ______ day of ______________________________, 20___.

Name

Title

Sworn and Subscribed before me this the _______ day of ___________________________, 20___.

Notary Public

My Commission expires:_____________________

[attach documentation of enrollment/participation in a federal work authorization program]

CONSTRUCTION CONTRACT

THIS CONTRACT made and entered into the date last executed by a party as indicated below, by and between _______________________________________ hereinafter referred to as "Contractor", and the City of Jefferson, Missouri, a municipal corporation of the State of Missouri, hereinafter referred to as "City".

WITNESSETH: That Whereas, the Contractor has become the lowest responsible bidder for furnishing the supervision, labor, tools, equipment, materials and supplies and for constructing the following City improvements:

Project No. 32208, High Street Viaduct Deck Repair.

NOW THEREFORE, the parties to this contract agree to the following:

1. Scope of Services.

Contractor agrees to provide all labor, equipment, hardware and supplies to perform the work included in the project entitled "High Street Viaduct Deck Repair" in accordance with the plans and specifications on file with the Department of Public Works.

2. Payment.

The City hereby agrees to pay the Contractor for the work done pursuant to this contract according to the payment schedule set forth in the Contract Documents upon acceptance of said work by the Director of Public Works and in accordance with the rates and/or amounts stated in the bid of Contractor dated ___________________which are by reference made a part hereof. No partial payment to the Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. The total amount of this contract shall not exceed _______________ Dollars.

3. Manner and time for Completion.

Contractor agrees with the City to furnish all supervision, labor, tools, equipment, materials and supplies necessary to perform said work at Contractor's own expense in accordance with the contract documents and any applicable City ordinances and state and federal laws, within 15 working days from the date Contractor is ordered to proceed, which order shall be issued by the Director of Public Works within ten (10) days after the date of this contract.

4. Insurance.

(a) The Contractor shall obtain and maintain during the term of the Project and this Contract the insurance coverages at least equal to the coverages set forth in this paragraph 7, and as further provided in the General Conditions, but no event less than the individual and combined sovereign immunity limits established by Section

537.610 R.S.Mo. Insurance policies providing required coverages shall be with companies licensed to do business in the State of Missouri and rated no less than AA by Best or equivalent. All costs of obtaining and maintaining insurance coverages are included in the Bid Amount and no additional payment will be made therefor by the City.

Comprehensive General Liability Insurance (including coverage for Bodily Injury and Property Damage)

$500,000 per occurrence $3,500,000 aggregate

Comprehensive Automobile Liability Insurance (including coverage for Bodily Injury and Property Damage)

$500,000 per occurrence $3,500,000 aggregate

Employer’s Liability $3,500,000 bodily injury by accident (each accident) $3,000,000 bodily injury by disease (each employee) $3,500,000 bodily injury policy limit

(b) Worker’s Compensation - In addition, the Contractor and all subcontractors shall provide Worker’s Compensation Insurance in at least statutory amounts for all workers employed at the Project site.

(c) Builder’s Risk - The Contractor shall also provide a policy of Builder’s Risk Insurance in the amount of 100% of the complete insurable value of the Project, which policy shall protect the Contractor and the City, as their respective interests shall appear.

(d) Owner's Protective Liability Insurance - The Contractor shall also obtain at its own expense and deliver to the City an Owner's Protective Liability Insurance Policy naming the City of Jefferson as the insured, in an amount not less than the individual and combined sovereign immunity limits established by Section 537.610 R.S.Mo., except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo. No policy will be accepted which excludes liability for damage to underground structures or by reason of blasting, explosion or collapse.

(e) Before commencing any work, the Contractor shall provide to the City certificates of insurance evidencing the issuance and maintenance in force of the coverages required by this paragraph 4. Each such certificate shall show the City, and such other governmental agencies as may be required by the City to be insured by underlying grant or contract relating to the Project, as an additional insured, and shall bear an endorsement precluding cancellation of or change in coverage without at least thirty (30) days written notice to the City. The City may waive any insurance coverages or amounts required by this paragraph 4 when the City deems such waiver to be in the interest of the public health, safety, and general welfare.

(f) Subcontracts - In case any or all of this work is sublet, the Contractor shall require the Subcontractor to procure and maintain all insurance required in

Subparagraphs (a), (b), and (c) hereof and in like amounts.

(g) Scope of Insurance and Special Hazard. The insurance required under Sub-paragraphs (b) and (c) hereof shall provide adequate protection for the Contractor and its subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by it, and also against any special hazards which may be encountered in the performance of this contract.

NOTE: Paragraph (f) is construed to require the procurement of Contractor's protective insurance (or contingent public liability and contingent property damage policies) by a general contractor whose subcontractor has employees working on the project, unless the general public liability and property damage policy (or rider attached thereto) of the general contractor provides adequate protection against claims arising from operations by anyone directly or indirectly employed by the Contractor.

5. Contractor's Responsibility for Subcontractors.

It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained in this contract shall create any contractual relations between any subcontractor and the City or between any subcontractors.

6. Liquidated Damages.

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 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 Contract.

7. Termination.

The City reserves the right to terminate this contract by giving at least five (5) days prior written notice to Contractor, without prejudice to any other rights or remedies of the City should Contractor be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed for Contractor or for any of its property, or if Contractor should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper material, or if Contractor should refuse or fail to make prompt payment to any person supplying labor or materials for the work under the contract, or persistently disregard instructions of the City or fail to observe or perform any provisions of the contract.

8. City's Right to Proceed.

In the event this contract is terminated pursuant to Paragraph 7, then the City may take over the work and prosecute the same to completion, by contract or otherwise, and Contractor and its sureties shall be liable to the City for any costs over the amount of this contract thereby occasioned by the City. In any such case the City may take possession of, and utilize in completing the work, such materials, appliances and structures as may be on the work site and are necessary for completion of the work.

The foregoing provisions are in addition to, and not in limitation of, the rights of the City under any other provisions of the contract, City ordinances, and state and federal laws.

9. Indemnity.

To the fullest extent permitted by law, the Contractor agrees to defend with counsel selected by the City, and defend, 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 agreement. 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.

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 Contract, which may result from the Contractor’s breach of the Contract, the Contractor’s failure to perform any obligation or requirement contained herein, or the City’s enforcement of this Contract.

10. Payment for Labor and Materials.

The Contractor agrees and binds itself to pay for all labor done, and for all the materials used in the construction of the work to be completed pursuant to this contract. Contractor shall furnish to the City a bond to ensure the payment of all materials and labor used in the performance of this contract.

11. Supplies.

The Contractor is hereby authorized and directed to utilize the City's sales tax exemption in the purchase of goods and materials for the project as set out in Section

144.062 RSMo 1994 as amended. Contractor shall keep and maintain records and invoices of all such purchases which shall be submitted to the City.

12. Performance and Materialman’s Bonds Required.

Contractor shall provide a bond to the City before work is commenced, and no later than ten (10) days after the execution of this contract, guaranteeing the Contractor's performance of the work bid for, the payment of amounts due to all suppliers of labor and materials, and the payment of insurance premiums for workers compensation insurance and all other insurance called for under this contract, said bond to be in a form approved by the City, and to be given by such company or companies as may be acceptable to the City in its sole and absolute discretion. The amount of the bond shall be equal to the Contractor's bid.

13. Knowledge of Local Conditions.

Contractor hereby warrants that it has examined the location of the proposed work and the attached specifications and has fully considered such local conditions in making its bid herein.

14. Severability.

If any section, subsection, sentence, or clause of this Contract shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall not affect the legality, validity, or enforceability of the contract as a whole, or of any section, subsection, sentence, clause, or attachment not so adjudged.

15. Governing Law.

The contract shall be governed by the laws of the State of Missouri. The courts of the State of Missouri shall have jurisdiction over any dispute which arises under this contract, and each of the parties shall submit and hereby consents to such courts exercise of jurisdiction. In any successful action by the City to enforce this contract, the City shall be entitled to recover its attorney's fees and expenses incurred in such action.

16. Contract Documents.

The contract documents shall consist of the following:

a. This Contract f. General Provisions

b. Addenda g. Special Provisions

c. Information for Bidders h. Technical Specifications

d. Notice to Bidders i. Drawing and/or Sketches

e. Signed Copy of Bid

This contract and the other documents enumerated in this paragraph, form the Contract between the parties. These documents are as fully a part of the contract as if attached hereto or repeated herein.

17. Complete Understanding, Merger.

Parties agree that this document including those documents described in the section entitled “Contract Documents” represent the full and complete understanding of the parties. This contact includes only those goods and services specifically set out. This contract supersedes all prior contracts and understandings between the Contractor and the City.

18. Authorship and Enforcement.

Parties agree that the production of this document was the joint effort of both parties and that the contract should not be construed as having been drafted by either party.

19. Amendments.

This contract may not be modified, changed or altered by any oral promise or statement by whomsoever made; nor shall any modification of it be binding upon the City until such written modification shall have been approved in writing by an authorized officer of the City. Contractor acknowledges that the City may not be responsible for paying for changes or modifications that were not properly authorized.

20. Waiver of Breach .

Failure to Exercise Rights and Waiver: Failure to insist upon strict compliance with any of the terms covenants or conditions herein shall not be deemed a waiver of any such terms, covenants or conditions, nor shall any failure at one or more times be deemed a waiver or relinquishment at any other time or times by any right under the terms, covenants or conditions herein.

21. Assignment.

Neither party may sell or assign its rights or responsibilities under the terms of this agreement without the express consent of the remaining party.

22. Nondiscrimination.

Contractor agrees in the performance of this contract not to discriminate on the ground or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder.

23. Illegal Immigration.

Prior to commencement of the work:

A. 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 contracted services.

B. Contractor shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services Contractor agrees in the performance.

C. If contractor is a sole proprietorship, partnership, or limited partnership, contractor shall provide proof of citizenship or lawful presence of the owner prior to issuance of the Notice to Proceed.

24. OSHA Training Prior to commencement of the work:

A. Contractor shall provide a ten-hour Occupational Safety and Health Administration (OSHA) construction safety program for their on-site employees which includes a course in construction safety and health approved by OSHA or a similar program approved by the department which is at least as stringent as an approved OSHA program.

B. All employees subject to this provision are required to complete the program within sixty days of beginning work…