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GENERAL

CONDITIONS

1. DEFINITIONS

The words "Director", "Engineer", and/or "City" as used herein and in the specifications refer to the Director of Public Works of the City of Florissant and to his properly authorized representatives.

DEFINITIONS: (Reference is City of Florissant, Missouri)

Mayor: Mayor of Florissant Administrative Director: Director of Public Works Director: Director of Public Works City Engineer: City Engineer Accounting Officer: Director of Finance Council: City Council Counselor: City Attorney Department: Department of Public Works City: City of Florissant

2. STATUS OF THE DIRECTOR OF PUBLIC WORKS

The work shall be subject at all times to the supervision and direction of the Director of Public

Works and of his authorized representative. To prevent disputes and litigation, it is mutually agreed that the Director shall, in all cases, determine the amount or quantity of the various kinds of work, and the quality of materials and workmanship to be paid for under this Contract, and he shall decide all questions which may arise relative to the performance of the work covered by the Contract. Any doubt as to the meaning of the specifications and the drawings and any obscurity or discrepancy as to their working and intent will be explained by the Director, and this explanation shall be final and binding on both parties to this Contract. The Director may amend or correct any errors or omissions in the plans and specifications, when such amendments or corrections are necessary to make definite the intent indicated by a reasonable interpretation of the Contract requirements.

3. SCOPE OF CONTRACTOR'S WORK

Unless otherwise stipulated, the Contractor shall provide and pay for all bonds, insurance, permits, inspections, licenses, materials, labor, tools, equipment, light, power, water, transportation, testing, utility connection fees and other facilities necessary for the execution and completion of the work. If the Contractor, in the course of the work, finds any discrepancy between the specifications and the physical conditions of the locality, or any error or omission in the specifications, he shall immediately inform the Director, in writing, and the Director shall promptly verify the same. Any work done after such discovery, until authorized, will be done at the Contractor's risk.

Except as otherwise specifically stated in the contract documents and technical specifications, the Contractor shall provide and pay for all materials, labor, too ls , equipment, water , light, heat, power, transportation, superintendence, and temporary construction of every nature that is necessary for the performance of the contract. The Contractor shall deliver all improvements embraced in this contract, complete in every respect, within the specified time.

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The Contractor shall at all times carry on the work in such a manner as to minimize the interference with traffic, utility and municipal services, and adjoining property owners', egress, ingress and use of their property.

The work shall be carried out in such a manner that all physical structures and natural features are restored to at least as good condition as they were in before the work was done. It is understood that where specifications apply, their provisions shall determine the character and manner of restoration of existing structures and feature s.

The Contractor shall repair any damage, outside of the scope of the work, done to private or public property to the satisfaction of the Owner of said property and the Contractor thereof shall absorb the cost.

The Contractor shall maintain adequate barricades adjacent to all excavations so as to protect all persons and property from injury or damage. .

The alignment and grade of all utilities and services must remain as they now exist. It is in recognition of this requirement that these items must be accurately located well in advance of excavation and construct ion. If the Contractor causes damage to be done to utilities due to his own neglect or failure to properly locate these structures in advance of excavation or for any other reason of his own neglect or carelessness, the charges made by the owners of the utilities for necessary repairs and replacement shall be borne by the Contractor

4. CONSTRUCTION SURVEY, LAYOUT, STAKING, AND INSPECTIONS

All work performed shall conform to the lines, grades, cross sections and dimensions shown on the plans or indicated in the specifications. Layout, staking, etc., required in the Contract shall be performed by the Contractor, and shall be made in such a manner to properly fulfill the intent of the Contract. Where the plans or specifications do not show lines, grades, etc., and do not specifically require the Contractor to perform this work, the Contractor shall be responsible for providing lines, grades, etc. as he deems necessary to properly perform the intent of the Contract.

No work shall be done and no materials shall be used without supervision and inspection by the

Director or his representative. Any work done or materials used without such supervision and inspection by the Director or his representative may, at the option of the Director, be ordered removed at the Contractor's expense.

The Contractor shall protect and carefully prepare all official survey monuments, property marks, section markers, and Geological Survey Monuments, or other similar monuments, and the Contractor shall be responsible for the resetting of any said monuments for which he has been responsible for disturbing or removing .

5. RESPONSIBILITY FOR THE WORK

Prior to the completion of the work by the Contractor and the acceptance thereof by the City, the work shall remain at the risk of the Contractor and said Contractor shall be required to repair, replace, renew and make good at his own expense all damages caused by force or violence of the elements or any other cause whatsoever provided, however, that in such cases the Contractor shall be entitled to a reasonable extension of time within which to complete said work.

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6. CHANGES IN THE WORK

The City, without invalidating the Contract, may order extra work or make changes by altering, adding to, or deducting from the work, the contract sum being adjusted accordingly. All such work shall be executed under the conditions of the original Contract without alteration of the time established for the completion of the Contract work. In giving instructions, the Director shall have authority to make minor changes in the work, not involving extra cost and not inconsistent with the purposes of the work, but otherwise, except in emergency endangering life or property, no extra work or change shall be made unless in pursuance of a written order by the Director, and no claim for an addition to the Contract sum shall be valid unless so ordered.

The value of such extra work or change shall be determined in one or more of the following ways.

I. By unit prices named in the Contract or previously agreed upon by the parties to the Contract.

2. By force account as described in Section 109.4, Missouri Standard Specifications for Highway Construct ion.

During the progress of work, if the Contractor should encounter conditions materially different from those shown on the plans or indicated in the Project Specifications, or unknown conditions of a nature differing materially from those ordinarily encountered and generally recognized as being inherent in work of the character being performed, he shall, before proceeding further with work affecting or affected by such conditions, immediately notify the City in writing which will promptly make an investigation. If conditions do materially differ and the Contractor could not reasonably have been expected to ascertain in advance the true nature of the existing conditions, a change order will be issued to provide for any increase or decrease in cost and difference in contract time resulting from any such condition.

7. CLEANING UP, RESTORATIONS AND REPLACEMENTS

The Contractor shall remove from all public and private property, at his own expense, all temporary structures, rubbish and waste materials resulting from his operations unless otherwise noted.

Before any removal of materials is performed, the Contractor shall receive City approval for the disposal area of all waste materials. He shall also restore and replace the surfaces of such prope1iies to the conditions existing prior to his operations. The burning of material on-site shall be prohibited.

8. PROTECTION OF WORK AND PROPERTY

The Contractor shall continuously maintain adequate protection of all his work from damage and shall protect all property from injury or loss arising in connection with the Contract. He shall make good any such damage, injury or loss, except such as may be directly due to errors in the Contract Documents or caused by agents or employees of the City. He shall adequately protect adjacent property as provided by law and the Contract Documents. He shall provide and maintain all passage ways, guard fence, lights and other facilities for protection required by public authority or local conditions.

9. THE CITY'S RIGHT TO DO THE WORK

If the Contractor should neglect to execute the work properly or fail to perform any provision of this Contract, the City, after three (3) days' written notice to the Contractor may, without prejudice to any other remedy it may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor.

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10. CLAIMS FOR DAMAGES

Any claim for damages arising under this Contract shall be made in writing to the party liable within a reasonable time from the first observance of such damage, and not later than the time of final payment, except as expressly stipulated otherwise in the case of faulty work or materials, and shall be adjusted by agreement.

11. TERMINATION OF THE CONTRACT

If the Contractor should be adjudged a bankrupt , or if he should make a general assignment to the benefit of his creditors, or if a receiver should be appointed on account of his insolvency, or if he should persistently or repeatedly refuse or should fail , except in cases in which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he should fail to make prompt payment to the subcontractors or suppliers for material or labor, or persistently disregard laws, ordinances or the instructions of the Director, or otherwise be guilty of a substantial violation of any provisions of the Contract, then the City, upon the certificate of the Director that sufficient cause exists to justify such action, may, without prejudice to any other right or remedy, and after giving the Contractor seven (7) days written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances thereon and finish the work by whatever method it may deem expedient. In such cases, the Contractor shall not be entitled to receive any further payment until the work is finished.

If the unpaid balance of the Contract price shall exceed the expense of finishing the work, including compensation for additional managerial and administrative service s, such excess shall be paid to the Contractor. If such expense shall exceed such unpaid balance, the Contractor shall pay the difference to the City. The expense incurred through the Contractor's default shall be certified by the Director.

12. MONTHLY PAYMENTS TO THE CONTRACTOR

So long as the work herein contracted for is prosecuted in accordance with the provisions of this

Contract, the Contractor shall, on or about the first day of each month, make an approximate estimate of the proportionate value of the work done at the site of the work, up to and including the last day of the previous month. The amount of said estimate, after deducting ten percent (10%) and all previous payments, shall be due and payable to the Contractor within 30 calendar days following receipt of a proper invoice by the Director of Finance from the Contractor, and with written approval of the Department Head. See also Special Conditions.

13. CORRECTION OF WORK BEFORE FINAL PAYMENT

The Contractor shall promptly remove from the premises all materials condemned by the Director as failing to conform to the Contract, whether incorporated in the work or not, and the Contractor shall promptly replace, re-execute , and re-test, if applicable , all condemned work in accordance with the Contract and without expense to the City.

If the Contractor does not remove such condemned work and materials within a reasonable time, fixed by written notice, the City may remove them and may store the materials at the expense of the Contractor. If the Contractor does not pay the expense of such removal within ten (10) days time thereafter, the City may, upon ten (10) days written notice, sell such materials at auction or at private sale and shall account for the new proceeds thereof after deducting all costs and expenses that should have been borne by the Contractor.

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14. LIENS

Neither the final payment nor any part of the retained percentage shall become due until the Contractor, if required, shall deliver to the City a complete release of all items and claims arising out of this Contract.

15. FINAL PAYMENT

Upon the completion and acceptance of the work, the Director shall execute a certificate over his signature that the whole work provided for in this agreement has been completed and accepted by him under the terms and conditions thereof, whereupon the entire balance found to be due to the Contractor, including any retained percentage, shall be paid to the Contractor within thirty (30) days after the date of said final certificate.

16. CONTRACTOR AND SUBCONTRACTOR INSURANCE

The Contractor shall not commence work under this Contract until he has obtained the insurance required under this paragraph, and such insurance has been approved by the City, nor shall the Contractor permit any subcontractor to commence work on his subcontract until the insurance required of the sub contractor has been so obtained and approved. An original Certificate of Insurance from the company of record shall be furnished to the City, which shall include the phrase 'Additionally Insured - City of Florissant' and date of issue.

A. Insurance - Without limiting its liability under this contract, the Contractor shall obtain and maintain at his expense during the life of this contract, insurance of the types and in the minimum amounts stated as follows:

(1) Workmen's Compensation Insurance: The Contractor shall procure and shall maintain during the life of this Contract, Workmen's Compensation insurance for all of the Contractor's employees to be engaged on the project under this Contract, and in case any such work is sublet, the Contractor shall require the subcontractor similarly to provide Workmen's Compensation Insurance for all of the subcontractor's employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor's Workmen's Compensation Insurance. In case any class of employee engaged in hazardous work under this Contract is not protected under the Workmen's Compensation Statute, the Contractor shall provide, and shall cause each subcontractor to provide, adequate Employer's Liability Insurance for the protection of such of his employees not otherwise protected.

In full compliance with the Workmen's Compensation Act of the State of

Missouri and Employer's Liability, coverage shall be carried in the minimum amount of $1,000,000.

(2) Comprehensive General Liability Insurance: Public liability and property damage insurance shall include bodily injury and accidental death to any person and subject at the minimum limits set below:

Public Liability

Property Damage

$1,000,000 each person $1,000,000 each occurrence

$3,000,000 each aggregate

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(3) Comprehensive Automobile Liability Insurance: The liability limits shall not be less than the limits set below:

Bodily Injury, Including Death

$1,000,000 each accident

(4) Owner's Protective lnsurance: The Owner's Protective policy shall include the phrase and name "Additionally Insured - City of Florissant" and date of issue. The Liability limits shall not be less than the limits set below:

Bodily Injury, Including Death

(5) Hold Harmless Agreement: The Contractor shall execute a Hold Harmless

Agreement after "Award" of this project as follows:

covenants that they will indemnify the City of Florissant from any loss, damage, cost, charges or expenses, whether to persons or property, to which the City may have been put by reason of any action, neglect, omission or default on the part of _

. In case any suit shall be brought against the City on account of any action, neglect, omission or default of , then ____________________hereby covenants to assume the defense thereof and to pay any and all costs, charges, attorney's fees and other expenses and any and all judgments that may be incurred by or obtained against the City.

hereby agrees to release the City of any and all liability of any kind or nature in any right, cause of action or claim of any kind or nature whatsoever which may hereafter accrue to or its employees or its agents, by virtue of the contract between the parties.

agrees to furnish a certificate of insurance to the City in the sum of $1,000,000.00, which certificate names the City of Florissant as an additional insured under its terms so as to indemnify the City of Florissant from any liability that has agreed to hold the City harmless from as set out herein.

B. Satisfactory Coverage - Said insurance shall be written by a company or companies licensed to business in the State of Missouri and satisfactory to the City. The Contractor shall not cause any policies to be canceled or permit them to lapse and all insurance policies shall include a clause to the effect that the policy shall not be canceled until ten (10) days after the City has received written notice as evidenced by the receipt of a registered letter.

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C. Proof of Carriage of Insurance - "Certificate of Insurance" shall be originals, not copies, shall contain true transcripts from the policy, authenticated by the proper officer of the insured, evidencing in particular those insured, the extent of the insurance, the location and operation to which the insurance applies, the effective date and expiration date and the notice of cancellation clause mentioned hereinbefore.

An original "Certificate of Insurance" shall be furnished to the City, prior to "Notice-to Proceed", clearly having the phrase "Additionally Insured - City of Florissant" and date of issue.

17. PREVAILING HOURLY WAGE RATES

(a) The proposal for this Contract shall be based upon the required payment by the Contractor of the prevailing hourly rate of wages for each craft or type of workman required to execute the Contract as determined by the Department of Labor and Industrial Relations of Missouri.

The principal Contractor and all subcontractors shall pay not less than the prevailing hourly rate of wages 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 290.310 inclusive the Revised Statutes of Missouri, 1959, as amended 1969 . A schedule, Annual Wage Order No. 28 (March 10, 2021), and all subsequent revisions, of such prevailing hourly rate of wages as determined by the Department of Labor and Industrial Relations of Missouri, pursuant to said statutory provisions and subsequent revisions is attached hereto and made a part of this Contract.

(b) The principal Contractor and all subcontractors shall comply in all respects with House substitute for House Bill No. 294, as enacted by the 69th General Assembly and which became effective August 29, 1957, and embodied into the Revised Statutes of Missouri, as Sections 290.210 to 290.310, inclusive, Revised Statutes of Missouri, 1959.

(c) The Contractor and each subcontractor shall keep an accurate record showing the names and occupations of all workmen employed by him, together with the actual wages paid to each workman, which shall be open to inspection at all reasonable hours by the representative of the Department of Labor and Industrial Relations of Missouri and the City.

(d) The aforesaid prevailing hourly rate of wages is subject to change by the Department of

Labor and Industrial Relations of Missouri, or by court decision as provided by law during the life of this Contract, and such change shall not be the basis of any claim by the Contractor against the City nor will deduction or claim be made by the City against sums due the Contractor by reason of any such change.

(e) The Contractor shall forfeit as a penalty to the state, county, city and town, district or other political sub-division on whose behalf the contract is made or awarded, one-hundred ($100.00) dollars for each workman employed, for each calendar day, or p011ion thereof, such workman is paid less than the said stipulated rates for any work done under said contract, by him or by any sub-contractor under him.

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18. LIOUIDATED DAMAGES

It is hereby fully understood and agreed that time is of the essence in the performance of this contract. For each and every calendar day that elapses between this contract's full completion date and the date on which all work covered by this contract is actually completed (not substantial completion, rather full completion), including all testing, clean up, punch list items and final close-out documents, the Contractor shall pay to the City as liquidated damages and not as a penalty, the sum of $300.00 per calendar day. The total amount so payable by the Contractor as liquidated damages either may be deducted from any moneys due or payable to the Contractor by the City or so much thereof as is not so deducted shall be chargeable to and will be payable promptly by such Contractor and his Surety or either of them, at least in part, the City for (1) the administration of the work covered by such contract and any other contract or contracts beyond the contract completion date, including the additional expense to the City for supervision, inspection and superintendence; (2) expenditures resulting from the inability of the City (and general public) to use the improvement being constructed from and after each Contract and expenditures incurred by the City directly as a result of the failure to complete the work covered by such Contract on or before the Contract Completion Date.

19. UTILITIES

The Contractor shall be held responsible for the notification, obtaining permits, location, protection, paying any fees, and for repair and any relocation/adjustment of any and all utilities encountered during construction.

20. PERMITS AND INSPECTIONS

The Contractor shall be responsible for obtaining all necessary permits. The Contractor shall be responsible for scheduling all inspections with the required utilities, governing agency or agencies for any part, specific or non-specific, of the contract.

The City of Florissant will provide inspection for this project. The Contractor is responsible for notifying the Public Works Department that an inspection is needed for a specific time and given operation.

The Contractor is responsible for calling for an inspection in a minimum of twenty-four (24) hours prior to the following specific operations: (1) sub-grade inspection and depth determination, (2) aggregate base placement and compaction, (3) concrete placement and finishing, and (4) opening new pavement slab to traffic.

Any material or workmanship not meeting specifications will be rejected . At the direction of the Public

Works Department, the Contractor will be required to remove all rejected material and replace it with acceptable material at no cost to the City.

The Contractor shall provide adequate construction barricades in good working order to protect the public. The Contractor shall be responsible for maintaining such barricades and shall insure that the proper number of barricades remains around each newly constructed slab area on a daily basis, until such slab areas have been totally completed and opened to traffic. The barricade configuration type and number shall conform to the MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES with the approval of the Director of Public Works.

At least one (1) lane open to traffic shall be maintained at all times.

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21. CONTRACTOR CONDUCT REQUIREMENTS

No intoxicating beverages or narcotics shall be brought on the premises.

No foul or abusive language is permitted on the premises.

No firearms or other weapons shall be carried onto the premises.

No narcotics above one day's prescriptions shall be carried on the premises.

Contractor ' s or employee's vehicles shall be locked whenever unattended.

All tools and equipment shall be tightly secured during non-working hours in the Contractor's storage trailer or assigned area.

The City will not be responsible for the Contractor's tools, equipment or materials while on the premises. The Contractor shall report any missing tools immediately.

Job and storage trailers will be located on the site at a location determined by the

City during the pre-construction conference.

Storage of materials and equipment shall be in accordance with ADA guidelines for persons with disabilities and in a safe, secure location.

Corridors where work is in progress shall be left suitable for public use after working hours.

The site shall be protected in keeping with ADA guidelines for persons with disabilities.

No smoking will be allowed except in designated areas or outside.

22. CONSTRUCTION ACCESS TO PROJECT SITES

The Contractor shall furnish all labor, materials, equipment, and supervision necessary to provide access to project work sites and to return the areas to their original condition after work is completed. The Contractor shall be responsible for obtaining the necessary construction licenses for access to the site. The Contractor shall keep the work area free from dust and shall take such action as is necessary to prevent excessive dust due to the construction of these improvements.

Materials used to accomplish work under this section shall be of equal quality as those used to accomplish similar work under other sections of the specifications.

23. PUBLIC CONVENIENCE AND SAFETY

The Contractor shall conduct this work in a manner that will insure, as far as practicable, the least obstruction to traffic and shall provide for the convenience and safety of the general public and residents along and adjacent to this project in an adequate and satisfactory manner.

Proper and sufficient notification shall be afforded residents and/or commercial business owners to address pending driveway closures as a result of street removal operations.