631 West Main Street Jefferson City, Missouri 65101 Phone: (573) 636-5000 Fax: (573) 636-6133 Email: mail@thearchitectsalliance.com

East Miller Park Renovation

Jefferson City Parks, Recreation, & Forestry

916 East Miller St.

Jefferson City, Missouri

City Project No. 97633

Bid No. IFB4383

Architect Project No. 2534

Project Manual

& Specifications

July 15, 2026

Project Manual and

Specifications

Architect Project Number: 2534

July 15, 2025

Prepared by:

Architect The Architects Alliance, Inc.

631 West Main Street

Telephone: (573) 636-5000

Civil Central Missouri Professional Services

2500 E. McCarty Street

Phone (573) 634-3455

Electrical Midwest Engineering & Design 3100 Brown Station Rd. Suite C

Columbia, MO 65202 Phone (573) 875-0045

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TABLE OF CONTENTS 2534 000002 - 1

Project Manual & Specifications

TABLE OF CONTENTS

Schedule of Drawings Notice to Bidders Information for Bidders Bid Proposal Form Bid Bond Anti-Collusion Statement Minority Business Enterprise Statement Minority Business Utilization Agreement Affidavit of Compliance Public Works Contracts Law Contractor’s Affidavit Construction Contract Federal Work Authorization Program Affidavit Performance, Payment and Guarantee Bond General Provisions (General Conditions) Special Provisions (Supplemental Conditions) Tax Exemption

DIVISION 1 - GENERAL REQUIREMENTS

011000 Summary 012100 Allowances 012500 Substitution Procedures 012500A Substitution Request Form 012600 Contract Modification Procedures 012900 Payment Procedures 013100 Project Management and Coordination 013200 Construction Progress Documentation 013300 Submittal Procedures 014000 Quality Requirements 015000 Temporary Facilities and Controls 016000 Product Requirements 017300 Execution 017419 Construction Waste Management & Disposal 017700 Closeout Procedures 017839 Project Record Documents

DIVISION 2 – EXISTING CONDITIONS

024119 Selective Demolition

DIVISION 3 – CONCRETE

031000 Concrete Forming and Accessories 032000 Concrete Reinforcing 033000 Cast-In-Place Concrete

DIVISION 4 – MASONRY

042000 Unit Masonry

TABLE OF CONTENTS 2534 000002 - 2

DIVISION 7 – THERMAL & MOISTURE PROTECTION

072419 Exterior Finish System (EIFS without insulation)

DIVISION 9 – FINISHES

099113 Exterior Painting

DIVISION 10 – SPECIALTIES

101413 Exterior Dimensional Signage

SCHEDULE OF DRAWINGS 2534 000115 - 1

SCHEDULE OF DRAWINGS

General Information

G001 COVER SHEET

Architecture

A101 ARCHITECTURAL SITE DEMO & RENO PLAN

A102 DETAILS

Civil

C100 TOPOGRAPHY / DEMO PLAN

C101 SITE PLAN

C102 GRADING / EROSION PLAN

C500 DETAILS

E100 SITE ELECTRICAL DEMO & RENO PLAN

E101 PAVILION ELECTRICAL LIGHTING PLAN

E102 PAVILION ELECTRICAL POWER PLAN

SCHEDULE OF DRAWINGS 2534 000115 - 2

NOTICE TO BIDDERS

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, Aug 18, 2026. Bids may also be submitted electronically through Bonfire, https://jeffersoncitymo.bonfirehub.com. The bids will be opened in the Council Chambers at 1:30 P.M. on that same day.

The proposed work for the project entitled "East Miller Park Renovation, City Project No.

97633" will include the furnishing of all material, labor, and equipment to make site improvements in accordance with the project plans and specifications.

A Pre-Bid Conference will be held at 2:00 P.M., on Tuesday, Aug 4, 2026 at East Miller Park, 916 East Miller St..

All equipment, material, and workmanship must be in accordance with the plans, specifications, and contract documents on file with the City of Jefferson, Jefferson City, Missouri 65101.

Drawings, specifications and other related contract information may be obtained electronically, at no cost through Bonfire. Owner, Architect, and Engineer will not be responsible for full or partial sets of Bidding Documents, including Addenda (if any) obtained from sources other than the issuing office.

A Performance and Guarantee Bond is required. 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.

The contract will require compliance with the wage and labor requirements and the payment of minimum wages in accordance with the Schedule of Wage Rates established by the Missouri Division of Labor Standards.

The City 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.

Any questions that arise as a result of this advertisement should be directed to The Architects Alliance at (573) 636-5000. In order to expedite responses to technical questions regarding the contract documents, prospective bidders are encouraged to send written questions to The Architects Alliance via e-mail: cneff@thearchitectsalliance.com.

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, MISSOURI

Equal Opportunity Employer https://jeffersoncitymo.bonfirehub.com/

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 "E. Miller Park Renovation, City Project No. 976233" in accordance with the plans and specifications on file with the City of Jefferson.

The proposed work for this project will include the furnishing of all material, labor, and equipment to make site improvements in accordance with the project plans and specifications.

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

The bidder is required to carefully examine 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.

A Pre-Bid Conference will be held at 2:00 P.M., on Tuesday, August 4, 2026 at E. Miller Park, 916 E. Miller St.

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 Architect.

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

Bid must be made upon the prescribed forms attached in these Contract Documents or the electronic bid form in Bonfire. 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 Bid Security guaranteeing the same shall be submitted electronically through Bonfire (https://jeffersoncitymo.bonfirehub.com) or placed in a sealed envelope and marked "East Miller Park Renovation, City Project No. 97633"

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 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. Insurance requirements shall be as stated in the sample https://url.avanan.click/v2/___https:/jeffersoncitymo.bonfirehub.com___.YXAzOmFyY2hpdGVjdHNhbGxpYW5jZTphOm86ZTQ4YTMzMmMzNTNkMzZlM2M0Yzc5MmY0Yzg2ZDUzMDQ6NjplNWZiOjRmZjE2M2Y3ZTNhOGJhZTU2ODQxZjNkNjI5N2U2ODcwOTcwYjM0NWI0YzM0MTUyZTNjZDVkMjIyNjQwZjlkNjc6aDpU contract.

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 PREVAILING WAGE LAW

The principal contractor and all subcontractors shall pay not less than the prevailing wage hourly rate for each craft or type of workman required to execute this contract as determined by the Department of Labor and Industrial Relations of Missouri, pursuant to Sections 290.210 through 290.340 inclusive of the Revised Statutes of Missouri, 1994 as amended. (See Determination included herewith.)

IB-21 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-22 NOTICE TO PROCEED

A written notice to begin construction work will be given to the Contractor by the City of

Jefferson within ten (10) days after the Contract is approved by the City Council. The time for completion of the project shall begin to run on the date established in this notice.

IB-23 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-24 CONTRACT TIME

The contract time for Substantially Completion of the project shall be Sixty (60) calendar days from issuance of the Notice to Proceed.

IB-25 LIQUIDATED DAMAGES

Liquidated damages shall be assessed at the rate of Five Hundred Dollars ($500.00) per calendar day until the work is complete, should the project not be completed within the contract time.

IB-26 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-27 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-28 BID PACKET

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

Each bid must be submitted electronically through Bonfire (https://jeffersoncitymo.bonfirehub.com) or 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:

https://url.avanan.click/v2/___https:/jeffersoncitymo.bonfirehub.com___.YXAzOmFyY2hpdGVjdHNhbGxpYW5jZTphOm86ZTQ4YTMzMmMzNTNkMzZlM2M0Yzc5MmY0Yzg2ZDUzMDQ6Njo4ODM4OmM4ZmM0YTQyNzQ2NjYxZTZjOTcxMzUzZjA1NjNlZTViZTYyOGFkNGQ3N2E4M2FlZDBhMmU0Y2M3NDc5MzliNTY6aDpU

1) BID FORM

2) BID BOND

3) ANTI-COLLUSION STATEMENT

4) CONTRACTOR'S AFFIDAVIT

5) MINORITY BUSINESS UTILIZATION AGREEMENT

END OF INFORMATION FOR BIDDERS

PROPOSAL FORM 2534 004113 -1

BID PROPOSAL FORM

BID TIME: 1:30 PM

BID DATE: Tuesday, Aug 18, 2026

FROM: _____________________________________________

E-Mail Address: ________________________________ hereinafter called the “Bidder”

TO: CITY OF JEFFERSON

320 East McCarty Street Jefferson City, Missouri 65101 hereinafter called the “Owners”

FOR: East Miller Park Renovation

Jefferson City Parks, Recreation, & Forestry 916 East Miller St.

Jefferson City, Missouri City Project No. 97633 hereinafter called the “Work”

1. The undersigned, having examined and being familiar with the local conditions affecting the Work and with the contract documents including the drawings, the Notice to Bidders, Information for Bidders, General Provision, Special Provisions, Construction Contract, General Project Requirements, Certifications, etc. included in Project Manual and the body of Technical Specifications, including addenda number through inclusive, as issued by the City of Jefferson and/or The Architects Alliance, Inc., Jefferson City, Missouri, hereby propose to furnish all labor, materials, equipment, services, etc., required for the performance and completion of the aforementioned Work as follows:

FOR BASE BID:

The sum of -

Dollars ($ ______________________ ).

(NOTE: Include Allowance(s) in Base Bid per Section 012100 – Allowances.)

(NOTE: This project is exempt from Missouri State Sales and Use Tax.)

PROPOSAL FORM 2534 004113 -2

2. ALTERNATES: (Reference Section 012300 – Alternates for further description): State the amount to be added or deducted from the Base Bid if the Owners accept any or all of the following Alternates. No additional days will be added to the contract if any or all of the alternates, are accepted by the Owner. The Owners reserve the right to reject any or all of the Alternates and to select alternates in any order.

ALTERNATE NO. 1: Add Exercise Area Concrete Slab; State amount to be added to project base bid for all materials, labor, installation, overhead and profit to provide all installations associated with the Exercise Area Concrete Slab, as indicated on drawings and specifications for all associated trades. No additional days will be added to the contract if this alternate is accepted by the Owner.

ADD to the Contract, the sum of:

Dollars ( $ ).

3. VOLUNTARY ALTERNATE(S) if any, are at the discretion of the Bidder.

VOLUNTARY ALTERNATE NO. 1

ADD / DEDUCT (circle one) from the Base Bid Contract; the Sum of

A. Item Description:____________________________________________________________

Dollars

VOLUNTARY ALTERNATE NO. 2

ADD / DEDUCT (circle one) from the Base Bid Contract; the Sum of

A. Item Description:____________________________________________________________

Dollars

4. MODIFICATION AND WITHDRAWAL OF BIDS: In submitting this bid, it is understood that the right is reserved by the Owners to reject any and all bids and it is agreed that the bids may not be withdrawn for a period of Ninety (90) days from the specified time for receiving bids.

5. BID BOND: Accompanying this Bid is a 5% Bid Bond, Certified Check or Cashier’s Check, payable without condition to City of Jefferson, in the amount of:

_____________________________________________ Dollars ( $ ).

which it is agreed shall be retained as liquidated damages for the delay and extra expense caused the Owners if the undersigned fails to execute the contract and furnish the bond required by the Contract Documents.

6. PROGRESS AND COMPLETION: The Contractor shall receive a written “Notice to Proceed” and shall begin the work immediately. Furthermore, the Contractor agrees to substantially complete the work within Sixty (60) Calendar Days. The Contractor agrees to pay to, or allow the Owners, as liquidated damages, and not as a penalty or forfeiture, the sum of Five Hundred

PROPOSAL FORM 2534 004113 -3

Dollars ($500.00) for each day thereafter, Sundays and holidays excepted, that the work is not Substantially Complete.

Any sum which may be due the Owners for such damages shall be deducted and retained by the Owners from any balance which may be due the Contractor when said work shall have been finished and accepted. But such provisions shall not release the Bond of the Contractor from liability according to its terms. In case of failure to complete, the Owners will be under no obligation to show or prove any actual or specific loss or damage.

7. PREVAILING WAGE: The Bidder agrees to pay not less than the hourly rate of wages as determined by the Department of Labor and Industrial Relations, State of Missouri, in accordance with Section 290.210 - 290.340 as amended RSMo 1978.

8. FEDERAL WORK AUTHORIZATION PROGRAM: The Bidder hereby certifies that all business and/or individuals employed on this project are enrolled in the Federal Work Authorization Program as required by RSMo 285.525 and 285.530 and shall submit the Affidavit of Work Authorization along with this bid as discussed in the specifications.

9. LIST OF SUBCONTRACTORS AND SUPPLIERS: If not included with Bid Proposal Form, deliver or fax listing of subcontractors and suppliers to the Architect no later than 2:30 PM on the Date Bids are Due. Listing can be faxed to the Architect at (573) 636-6133 or emailed to mail@thearchitectsalliance.com.

Name Work to be Performed

Earthwork

Concrete

Masonry

Exterior Finish System (EIFS without insulation)

Painting

Signage

The Bidder hereby certifies that the above listed contractors, suppliers and equipment will be used in the performance of the Work.

Dated this _____________________________ , of ________________ , 20 _________ .

(day and date) (month) (year)

Name of Bidder/General Contractor ___________________________________________

PROPOSAL FORM 2534 004113 -4

10. THE BIDDER HEREBY CERTIFIES: That this Proposal is genuine and is not made in the interest of or behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association or corporation;

That he/she has not directly or indirectly induced or solicited any other Bidder to put in a false or sham proposal;

That he/she has not solicited or induced any person, firm or corporation to refrain from bidding;

That he/she has not sought by collusion or otherwise to obtain for himself any advantage over any other Bidder or over the Owners;

That he/she not discriminate against any employee or applicant for employment because of race, creed, color or national origin in connection with the performance of work.

11. MINORITY BUSINESS ENTERPRISE (MBE) PERCENTAGE GOAL: The bidder shall have as a goal subcontracting not less than two and twelve hundredths percent (2.12%) MBE.

12. Each Bidder must complete the Proposal Form by signing on the proper signature line below and by supplying the required information called for in connection with the signature. The information called for is necessary in the proper preparation of the Contract and Performance Bond.

IF AN INDIVIDUAL:

Name of Individual Firm Name (if any)

Telephone Number Address for Communications

Signature Address for Communications

IF A PARTNERSHIP:

Name of Partnership Address for Communications

Name of Partner Address for Communications

Name of Partner (2) Residence Address

Telephone Number Residence Address

Federal Tax I.D. Number Residence Address (2)

Signature of Either Partner Residence Address (2)

(State names and Residence addresses of all Partners)

PROPOSAL FORM 2534 004113 -5

IF A CORPORATION:

Name of Corporation Address for Communications

Telephone Number Address for Communications

Federal Tax I.D. Number Incorporated under the laws of the State of

Name and Title of Office Corporate License Number

______________________________________ (If a corporation organized in a state other than Signature of Officer Missouri, attach Certificate of Authority to do Business in the State of Missouri)

(Attest Seal) Secretary

PROPOSAL FORM 2534 004113 -6

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:

"East Miller Park Renovation, City Project No. 97633"

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:________________________________

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.

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

AFFIDAVIT OF COMPLIANCE PUBLIC WORKS CONTRACTS LAW

(complete and submit this form with each pay application)

I, the undersigned, ______________________________, of lawful age, first being duly sworn, state to the best of my information and belief as follows:

1. That I am employed as ______________________________________, by _______________________________.

2. That _____________________________ was awarded a public works contract for "East Miller Park Renovation, City Project No. 97633"

3. That I have read and am familiar with Section 290.290 RSMo (1994 as amended) an act relating to public works contracts, which impose certain requirements upon contractors and subcontractors engaged in a public works construction project in the State of Missouri.

4. That _______________________________ has fully complied with the provisions and requirements of Section 290.290 RSMo (1994 as amended)

FURTHER AFFIANT SAYETH NAUGHT.

AFFIANT

Subscribed and sworn to before me this ____ day of ________________, 20____.

My Commission Expires: ___________________________________

STATE OF MISSOURI )

) ss

COUNTY OF__________ )

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 _________________________)

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____.

My Commission Expires:________________________________

CITY OF JEFFERSON

CONTRACT FOR CONSTRUCTION SERVICES

THIS CONTRACT, made and entered into the date last executed by a party as indicated below, by and between _____________________, hereinafter called “Contractor”, and the City of Jefferson, Missouri, a municipal corporation, hereinafter called “City.”

WITNESSETH:

THAT WHEREAS, Contractor has become the lowest responsible bidder for furnishing the supervision, labor, tools, equipment, materials and supplies for the following City improvements: "East Miller Park Renovation, City Project No. 97633"

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

1. Scope of Services.

Contractor agrees to provide all supervision, labor, tools, equipment, materials, and supplies for the "East Miller Park Renovation, City Project No. 97633,” as set forth in Exhibit A. In the event of a conflict between this agreement and any attached exhibits, the provisions of this agreement shall govern and prevail.

2. Payment.

The City hereby agrees to pay Contractor the work done pursuant to this contract according to the payment schedule set forth in the contract documents upon acceptance of said work by an Agent of the City of Jefferson’s Parks and Recreation Department, 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 Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. The total amount of this contract shall not exceed ____________________ ($_______).

3. Manner and Time for Completion.

Contractor agrees with the City to furnish all supervision, labor, tools, equipment, materials and supplies necessary to perform, and 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 Sixty (60) days from Notice to Proceed.

4. Prevailing Wages.

Prevailing wage does not apply to public works projects with a bid price under $75,000. To the extent that the work performed by Contractor is subject to prevailing wage law, Contractor shall pay a wage of no less than the "prevailing hourly rate of wages" for work of a similar character in this locality, as established by Department of Labor and Industrial Relations of the State of Missouri, and as established by the Federal Employment Standards of the Department of Labor. Contractor acknowledges that Contractor knows the prevailing hourly rate of wages for this project because Contractor has obtained the prevailing hourly rate of wages from the contents of Annual Wage Order No. 33 Section 026 in which the rate of wages is set forth. Contractor further agrees that Contractor will keep an accurate record showing the names and occupations of all workers employed in connection with the work to be performed under the terms of this contract. The record shall show the actual wages paid to the workers in connection with the work to be performed under the terms of this contract. A copy of the record shall be delivered to the Purchasing Agent each week. In accordance with Section 290.250, RSMo, Contractor shall forfeit to the City One Hundred Dollars ($100.00) for each worker employed, for each calendar day or portion thereof that the worker is paid less than the stipulated rates for any work done under this contract, by Contractor or any subcontractor under the Contractor.

5. Insurance.

Contractor shall procure and maintain at its own expense during the life of this contract:

A. Workmen's Compensation Insurance for all of its employees to be engaged in work under this contract.

B. Contractor's Public Liability Insurance in an amount not less than $3,500,000 for all claims arising out of a single occurrence and $500,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo, and Contractor's Property Damage Insurance in an amount not less than $3,500,000 for all claims arising out of a single accident or occurrence and $500,000 for any one person in a single accident or occurrence.

C. Automobile Liability Insurance in an amount not less than $3,500,000 for all claims arising out of a single accident or occurrence and $500,000 for any one person in a single accident or occurrence.

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 and the City as the insured, in an amount not less than $3,500,000 for all claims arising out of a single accident or occurrence and $500,000 for any one person in a single accident or occurrence, 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. Such policy shall not be required if the City of Jefferson is endorsed as an additional insured under the policies described in Sub-paragraphs B and C above and such are not subject to cancellation or modification without thirty (30) days’ notice to the City.

E. 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 Sub-paragraphs A, B, and C hereof and in like amounts.

F. Scope of Insurance and Special Hazard. The insurance required under Sub-paragraphs B and C hereof shall provide adequate protection for Contractor and its subcontracts, 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 Contractor.

6. 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.

7. Liquidated Damages.

The City may deduct Five Hundred Dollars ($500.00) from any amount otherwise due under this contract for every day Contractor fails or refuses to prosecute the work, or any separable part thereof, with such diligence as will ensure the completion by the time above specified, or any extension thereof, or fails to complete the work by such time, as long as the City does not terminate the right of Contractor to proceed.

It is further provided that Contractor shall not be charged with liquidated damages because of delays in the completion of the work due to unforeseeable causes beyond Contractor's control and without fault or negligence on Contractor's part or the part of its agents.

8. 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.

9. City's Right to Proceed.

In the event this contract is terminated pursuant to Paragraph 8, 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.

10. Indemnity.

To the fullest extent permitted by law, the Contractor will defend, indemnify, and hold harmless the City, its elected and appointed officials, employees, and agents from and against any and all claims, damages, losses, and expenses including attorneys' 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 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.

11. Payment for Labor and Materials.

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.

12. Supplies.

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 1986 as amended.

13. 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, the payment of insurance premiums for workers compensation insurance and all other insurance called for under this contract, and the payment of the prevailing wage rate to all workmen as required by 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.

14. 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.

15. 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.

16. 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 attorneys’ fees and expenses incurred in such action.

17. Contract Documents.

The contract documents shall consist of the following:

a. This Contract d. Notice to Bidders

b. Addenda e. Signed Copy of Bid

c. Information for Bidders f. Drawing and/or Sketches

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…