Rec-Plex DMS Installation.pdf

City of St. Peters, Missouri One St. Peters Centre Boulevard P. O. Box 9 St. Peters, Missouri 63376

INVITATION TO BID

CONTRACT DOCUMENTS & SPECIFICATIONS

Purpose: The City of St. Peters is seeking bids for removal and replacement of the Rec-Plex Digital Message Sign (DMS) (the “Project”).

Project Number: 26-199 - Rec-Plex DMS Installation

Contract Documents Available: August 24, 2026

Deadline For Submissions: 2:00 PM Local Time, September 7, 2026

Late bid submissions will be rejected

Direct All Inquires To: bids@stpetersmo.net with 26-199 - Rec-Plex DMS Installation in the subject line.

The last time for questions is before noon local time, August 31, 2026

Submit Bid Submissions To: bids@stpetersmo.net

Special Instructions: Bid Proposal Consists of Sections C, S & T with E-Verify MOU

Contract Time: Bidder hereby agrees to commence work on the Project on the date specified in the written Notice to Proceed issued by the City and to fully complete the Project within (60) calendar days as stipulated in the specifications. If the Project is not completed within such timeframe, the bidder shall pay, as liquidated damages, the sum of $100.00 per day.

mailto:bids@stpetersmo.net

TABLE OF CONTENTS

SECTION DESCRIPTION PAGE

A Advertisement for Bids: N/A 1

B Information for Bidders 2

C Bid Proposal 8

D Bid Bond: N/A 13

E Contract 14

F Payment Bond 18

G Performance Bond 20

H Notice of Award 23

I Notice to Proceed 24

J Contract Change Order 25

K General Conditions 27

L Standard Specifications 47

M Schedule of Drawings 55

N Special Conditions 62

O Addenda 66

P Prevailing Wage Rates 67

Q Indemnification 72

R Traffic Control 73

S Certification of Compliance with Section

34.600 RSMo., SUPP. 2020 74

T Affidavit Enrollment in Federal Work Authorization Program 75

U Traffic Signal Specifications 77

SECTION A - ADVERTISEMENT FOR BIDS

NOT APPLICABLE

26-199 - Rec-Plex DMS Installation 1

SECTION B – INFORMATION FOR BIDDERS

1. RECEIPT OF BID

All responses, inquiries, or correspondence relating to, or in reference to, this Invitation to Bid, and all reports, charts, displays, schedules, exhibits, and other documentation submitted by the bidders shall become the property of the City when received. All bids submitted in response to this Invitation to Bid shall become the property of the City. All responses, inquiries, or correspondence relating to, or in reference to, this Invitation to Bid, and all reports, charts, displays, schedules, exhibits, and other documentation by the bidders received by the City shall be public records subject to disclosure pursuant to Chapter 610, RSMo. The City retains the right to use any or all system ideas presented in any response to the Invitation to Bid, whether amended or not. Selection or rejection of the bid does not affect this right.

2. RECEIPT AND OPENING OF BIDS

Bids must be submitted prior to the expiration of the deadline set forth in the formal Request for Bids. Bids shall be prepared and submitted to bids@stpetersmo.net.

3. ACCEPTANCE OF BIDS

The City reserves the right to require the successful bidder to file proof of its ability to properly finance and execute the Project together with its record of successful completion of similar projects. The City reserves the right to reject any and all bids, waive any informalities or irregularities in bidding, and to accept the lowest responsible bidder who submits a responsive bid which is most advantageous to the City. The City reserves the right to defer the issuance of the Notice of Award and the execution of a contract (the “Contract”) after the date of opening of the bids. The successful bidder to whom the Contract has been awarded shall sign the Contract Documents within ten (10) calendar days after the City issues the Notice of Award. The successful bidder is also referred to herein as the “Contractor.”

4. BONDS AND INSURANCE

The successful bidder shall file certificates with the City that it has obtained and will continue to carry Workers's Compensation Insurance, public and private liability and property damage insurance in the amounts specified herein for the duration of the Contract.

5. OUT-OF-STATE CONTRACTORS

Contractors who are domiciled outside the State of Missouri and temporarily transact business in the State of Missouri are considered "Transient Employers" and must provide: (a) A copy of the Transient Employer Certificate of Registration, or (b) A copy of a letter from the Department of Revenue stating that said Contractor is not classified as a transient employer. Information and forms can be obtained from State of Missouri Department of Revenue (573) 751-8612, Taxpayer Service Bureau, P.O. Box 3300, Jefferson City, MO 65105-3300.

6. START OF WORK

The Contractor shall commence work on the Project (the “Work”) within seven (7) calendar days after the date of the Notice to Proceed and shall complete all Work within the Contract Time.

7. BIDDER TO BE FAMILIAR WITH SPECIFICATIONS

It is the bidder's responsibility to examine carefully the Standard Specifications for the Project (the “Specifications”), the Contract Documents, and the Project Location upon which the Work is to be performed.

The bidder shall not rely on any geotechnical reports performed for the City unless the Contract Documents specifically state that the bidder may so rely. If the bidder is uncertain as to the site conditions, it must

26-199 - Rec-Plex DMS Installation 2 perform its own tests and analyses. A submitted bid shall be prima facie evidence that the bidder has made such examination and that it is familiar with all the site conditions and bidding requirements.

8. BID QUANTITIES

The quantities shown on this Invitation to Bid are estimated and are furnished to be used as a basis for calculations and for the preparation of the bid. Final payment will be based on the actual quantities provided.

9. PREPARATION OF BID

All bids shall be in the form required by this Invitation to Bid.

The bidder's bid shall be signed as follows: (i) if the bidder is an individual, the individual must sign the bid and his name and address must be included thereon; (ii) if the bidder is a partnership, one or more partners must sign the bid and the name and address of each partner must be included thereon; (iii) if the bidder is a limited liability company, one or more members or managers must sign the bid and the name and address of each member and manager of the limited liability company must be included thereon; (iv) if the bidder is a corporation, one or more of the officers of the corporation must sign the bid and the name, address, and title of each officer and director of the corporation must be included thereon; and (v) if the bidder is a different type of entity, it must be signed by a person having authority to sign such bid and the name, address, and title of each signatory and owner must be included thereon.

In case of a "unit price" bid and in the event of a discrepancy between the unit price and the extension thereof, the unit price shall govern.

10. INTERDEPENDENT BIDS (TIED BIDS)

A bidder may submit interdependent bids for two or more contracts let at the same time, provided the following conditions are met:

That each bid submitted by the bidder shall plainly stipulate "The bidder will not accept an award on this Project unless also awarded...", indicating that the grand total of the projects so combined shall be considered in comparison with others bids; OR

That each bid submitted by the bidder shall plainly stipulate, "If awarded this Project along with an award for ...., the bidder agrees to reduce the unit price of each item in this bid... percent", indicating that the reduction is to be considered when the designated bid is considered along with the other bid submitted by the bidder; OR

That one or more of the bids submitted by the bidder shall plainly stipulate "The bidder will accept an award of this Project only if it is also awarded...", indicating that the indicated combination must be considered.

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11. WITHDRAWAL OR MODIFICATION OF BIDS

Any bidder may withdraw, modify, or correct its bid at any time prior to the scheduled closing time for the receipt of bids by submitting the withdrawal, modification, or correction in the same manner as the original bid was submitted, provided that the withdrawal, modification, or correction is received by the City prior to the deadline for receiving bids. No bid shall be withdrawn from the scheduled closing time until sixty (60) calendar days after the scheduled closing time.

12. COMPETENCY OF BIDDER

No Contract will be awarded except to a reasonable bidder who is capable of performing the Work. Each bidder may submit with its bid, or the City may require any bidder to submit, the following information:

A statement that the bidder maintains a permanent place of business and address and the location thereof.

A statement of the equipment which the bidder proposes to use on the Work, together with a statement of equipment previously listed which the bidder owns and that which it does not own, but which it is certain it will be able to rent or otherwise procure for use on the Project.

A financial statement, duly sworn, listing assets and liabilities of the bidder.

A statement listing projects of a similar nature which the bidder has constructed, or in the construction of which the bidder has actively engaged in a responsible capacity.

13. CONTRACT TIME

The number of days that the Work is to be Substantially Complete and ready for final payment shall be 60 calendar days after the issuance of the Notice to Proceed (the “Contract Time”). The bidder is required and expected to contact and coordinate with all utilities located within the Project limits, to ensure that any utility relocation/reconstruction is completed in a manner that allows completion of the Work within the Contract Time.

14. SURVEYS, PERMITS AND REGULATIONS

The Contractor shall make all surveys unless otherwise provided in the Contract Documents. Permits and licenses necessary for the prosecution of the Work shall be secured and paid for by the Contractor. The Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations in performing the Work, including but not limited to those relating to the obstruction of streets, maintaining traffic signals, keeping open passageways and protecting them where exposed to danger, and all general ordinances affecting Contractor or its employees or its Work hereunder.

If the Contractor observes that the Drawings and Specifications are at variance with applicable laws, ordinances, rules, and regulations, it shall promptly notify the Architect in writing and any necessary changes shall be adjusted as provided in the Contract for changes in the Work. If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules, or regulations, it shall bear all costs arising therefrom.

15. CONTRACTOR'S REPRESENTATIONS AND UNDERSTANDINGS

The Contractor shall, by careful examination, satisfy itself as to the nature and location of the Work, conformation of the ground for the Work, the character, quality, and quantity of the materials to be used, the character of equipment and facilities needed to perform the Work, and all other matters which can in any way affect the Work.

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No official, officer, or agent of the City is authorized to make any representations as to the materials or workmanship involved, or the conditions to be encountered onsite. The Contractor agrees that no such representation or anything contained in any documents or plans which are not part of the Contract Documents, shall constitute any grounds for any claim as to a mistake or the invalidity of the Contract. No verbal agreement or conversation with any officer, agent, or employee of the City, whether made before or after the execution of the Contract, shall affect or modify any of the terms or obligations herein contained.

Neither City nor the Architect shall be required to furnish Contractor with any information concerning subsurface characteristics or conditions of the areas where the Work is to be performed. When the City or Architect has made investigations of subsurface characteristics or conditions of the areas where the Work is to be performed, such investigations, if any, were made solely for the purposes of City's study and Architect's design. Neither such investigations nor the records thereof are a part of the Contract Documents. To the extent such investigations or information are made available to Contractor by the City or Architect, such information is furnished solely for the convenience of Contractor and the Contractor agrees it shall not rely upon them. Neither City nor Architect assumes any responsibility whatsoever in respect of the sufficiency or accuracy of these investigations or data, and there is no warranty or guaranty, either express or implied, that the conditions indicated by such investigations or information are representative of those existing where the Work is to be performed, or that unforeseen developments may not occur, or that materials other than or in proportions different from those indicated may not be encountered. The Contractor shall undertake such further investigations and studies as may be necessary or useful to determine subsurface characteristics and conditions. The Contractor shall be solely responsible for locating (and shall locate prior to performing any Work) all utility lines, telephone company lines and cables, sewer lines, water pipes, gas lines, electrical lines, fiber optic lines, buried pipelines, underground storage tanks, and buried telephone cables and shall perform the Work in such a manner so as to avoid damaging any such lines, cables, pipes, tanks, and pipelines.

Execution of the Bid Proposal or Contract by the Contractor is a representation that the Contract Documents are full and complete and are sufficient to enable the Contractor to: (a) determine the cost of the Work;

(b) to construct the Work as outlined in the Contract Documents; and (c) to fulfill all of the Contractor’s obligations hereunder, including, but not limited to, Contractor’s obligation to complete the Work for an amount not in excess of the Contract Amount (as set forth in the Contract Documents) on or before the expiration of the Contract Time. The Contractor further acknowledges and declares that, prior to submission of the bid, it has visited and examined the Project Location, examined all physical, legal, and other conditions affecting the Work, and is fully familiar with all of the conditions affecting the Work.

Contractor specifically represents and warrants to the City that the Contractor has, by careful examination, satisfied itself to: (1) the nature, location, and character of the Project and the Project Location, including, without limitation the surface and subsurface conditions of the Project Location and all structures and obstructions thereon and thereunder, both natural and man-made, and all surface and subsurface water conditions of the Project Location and the surrounding area; (2) the nature, location, and character of the general area in which the Project is located, including without limitation, its climatic conditions, available labor supply and labor costs, and available equipment supply and equipment costs; and (3) the quality and quantity of all materials, supplies, tools, equipment, labor, and professional services necessary to complete the Work in the manner and within the cost and time frame required by the Contract Documents.

Based on the above, the Contractor acknowledges that it has no knowledge of any discrepancies, omissions, ambiguities, or conflicts in said Contract Documents other than these it has submitted to the City in writing before signing this Contract, and that if the Contractor becomes aware of any such discrepancies, omissions, ambiguities, or conflicts, it will promptly notify City and Architect of such fact.

It is understood and agreed that the Contractor agrees as far as possible to employ such methods and means in the carrying out of the Work as will not cause any interruption or interference with any other Contractor.

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16. ACCEPTANCE OF BID AND AWARD OF CONTRACT

The City will endeavor to make a final decision regarding acceptance of bids within sixty (60) calendar days after the bids are opened. Should the City not make a decision on the award of Contract within sixty (60) calendar days after bids are opened, the bidder may, without penalty, withdraw said bid. Formal written notice of acceptance of the bid will be mailed or delivered to the bidder at the address designated in its bid.

If within ten (10) calendar days after acceptance of its bid, the successful bidder shall fail to appear at the office of the City to execute the Contract and to furnish the required Contractor's bond, properly signed by the Contractor and the surety or securities satisfactory to the City as hereinafter provided, the bidder shall be deemed in default and shall forfeit its bid security.

17. SALES TAX EXEMPTION ON CONSTRUCTION MATERIALS AND SUPPLIES

Pursuant to Senate Bill 477, as enacted by the 87th General Assembly, the City will issue a Sales Tax Exemption Certificate (the “Certificate”) for the purchase of construction materials and supplies. Contractors are not exempt from sales tax on the purchase of machinery, equipment, or tools used in performing the Work. A copy of this Certificate and the City’s Missouri Tax Exemption Letter must be presented to suppliers in order to purchase construction materials and supplies tax free. Contractors are responsible to ensure that any materials purchased with this Certificate are used exclusively on this Project. The Contractor's accounting records should be sufficient to document the appropriate use of this Certificate. The original Certificate, invoices, and other supporting documentation should be retained for five (5) years after Project completion. If this record keeping is found inadequate by an audit by the Department of Revenue, the Contractor shall be responsible for the payment of any taxes and penalties imposed by the Department of Revenue. Any excess materials and supplies on hand after job completion must be either returned to the supplier, or a sales tax return must be filed with the Department of Revenue to pay the sales tax on these excess materials and supplies. The Certificate shall not be used after its expiration date.

If the Project is not completed by the Certificate’s expiration date, the Contractor shall contact the City and request that a new Certificate be issued. The City will then issue a new Certificate with an expiration date that coincides with the revised completion date. An example of the exemption certificate is shown as https://dor.mo.gov/forms/5060.pdf.

CONTRACTOR/SUBCONTRACTOR: A completed copy of the exemption certificate, along with the City's Missouri Tax Exemption Letter, must be furnished to each material supplier from which construction materials and supplies for this Project are purchased. Contractors are not exempt from sales tax on the purchase of machinery, equipment, or tools used in fulfilling the Contract. The original certificate, invoices, and other supporting documentation should be retained for five (5) years after Project completion.

MATERIAL SUPPLIER: A completed copy of the Sales Tax Exemption Certificate, along with the Missouri Tax Exemption Letter of the exempt entity contracting for the Project, must be obtained from the Contractor/Subcontractor making purchases of construction materials and supplies for use in the Project, and retained for audit purposes. Invoices issued for such purchases must reflect the same of the exempt entity and the Project number or name assigned by the exempt entity.

18. SUSPENSION AND DEBARMENT

When using federal funds, the City shall not award contracts, purchase orders, pass-through grants, or any other means of acquisition to individuals, companies, or delegate agencies that are on the List of Parties Excluded from Federal Procurement & Non-procurement Programs. This rule applies to procurement contracts for goods or services and to all non-procurement transactions, such as sub-awards to sub-recipients. In addition, individuals, companies, or delegate agencies awarded Federally funded contracts by the City of St. Peters may not subcontract with firms on the List of Parties Excluded from Federal Procurement and Non-Procurement Programs.

Bidders and respondents to federally funded solicitations are required to certify that neither they nor their principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily

26-199 - Rec-Plex DMS Installation 6 https://dor.mo.gov/forms/5060.pdf excluded from participation in transactions by a Federal department or agency. A certification form shall be provided to the successful bidder of all Federally funded projects or purchases as part of the Contract Documents or purchase order acknowledgement forms. This certification must be signed and returned with all other applicable documents.

The City shall also verify this certification by checking the List of Parties Excluded from Federal Procurement and Non-procurement Programs at https://www.sam.gov at the time the bids are received and again just prior to the award.

19. ENROLLMENT IN FEDERAL WORK AUTHORIZATION PROGRAM

If the Contract Amount is greater than $5,000, then pursuant to RSMo. § 285.530, as a condition to the award of the Contract, the bidder/contractor must affirm its enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested in this Contract by:

1. Submitting a completed, notarized Affidavit of Work Authorization; and

2. Providing proper documentation affirming the bidder/contractor’s enrollment and participation in a valid federal work authorization program for the employees proposed to work in connection with the services requested in the Contract.

Note: An example of a valid federal work authorization program is E-Verify. Acceptable enrollment and participation documentation in the E-Verify program consists of: (1) a valid, completed copy of the first page of the E-Verify Memorandum of Understanding (MOU) identifying the bidder; and (2) a valid copy of the MOU signature page completed and signed by the bidder, the Social Security Administration, and the Department of Homeland Security – Verification Division.

20. SAFETY TRAINING

The Contractor, and any Subcontractor under such Contractor, shall require all on-site employees on the Project to complete a ten-hour Occupational Safety and Health Administration (OSHA) construction safety program that includes a course in construction safety and health approved by OSHA, or a similar program approved by the Missouri Department of Labor and Industrial Relations that is at least as stringent as an approved OSHA program (the “Safety Course”). All on-site employees are required to complete the Safety Course within sixty days of beginning Work on the Project. Any employee found on the Project Location without documentation of the successful completion of the Safety Course shall be given twenty days to produce such documentation before being subject to removal from the Project. In addition, the Contractor shall forfeit to the City, two thousand five hundred dollars ($2,500.00), plus one hundred dollars ($100.00) for each calendar day each employee is employed by the Contractor or Subcontractor, without the required Safety Course training. When making payments to the Contractor, the City shall withhold and retain all sums and amounts due and owing as a result of any violation of this requirement. The Contractor may withhold from any Subcontractor sufficient sums to cover any penalties the City has withheld from the Contractor resulting from the Subcontractor's failure to comply with the terms of this requirement.

21. BONDS

All bonds that the Contractor is required to provide under the Contract Documents shall be from a surety and in a form that is acceptable to the City and shall at least be treasury rated surety licensed in the State of New York or comparable licensure.

26-199 - Rec-Plex DMS Installation 7 https://www.sam.gov/

SECTION C - BID PROPOSAL

Project Location: 5200 Mexico Rd, St. Peters, MO 63376

Date:

Project Name: 26-199 - Rec-Plex DMS Installation

Bid Of

(hereinafter called "Bidder"), organized and existing under the laws of the State of Missouri, to the City of St. Peters, St. Peters, Missouri 63376 (hereinafter called "City").

The Bidder, in compliance with your Invitation to Bid for the Project, having examined the Standard Specifications and related documents, and the site of the proposed Work, and being familiar with all of the conditions surrounding the construction of the proposed Project, including the availability of materials and labor, hereby proposes to furnish all labor, tools, equipment, materials, supplies, and services to perform the Project in accordance with the Contract Documents, within the Contract Time, and at the prices stated below. These prices are to cover all expenses incurred in performing the Work required under the Contract Documents, of which this bid is a part.

Bidder hereby agrees to commence Work under this Contract on or after a date to be specified in a written "NOTICE TO PROCEED" of the City and to fully complete the Project within (60) calendar days, as stipulated in the Standard Specifications.

Bidder further agrees to pay as liquidated damages, the sum of $100.00 for each calendar day thereafter, as hereinafter provided in the General Conditions.

The Bidder agrees that this Bid Proposal shall be good and may not be withdrawn for a period of sixty (60) calendar days after the scheduled closing time for receiving bids.

Under Sections 290.210-290.340, RSMo., prevailing wage rates will be required for any public works project for which either the engineer's estimate or the bid accepted by the City for the Total Project Cost exceeds seventy-five thousand dollars $75,000.00.

The Total Project Cost shall be based upon the entire Project and not individual projects within a larger Project. The Total Project Cost shall include the value of Work performed on the Project by every person paid by a Contractor or Subcontractor for that person's work on the Project. The Total Project Cost shall additionally include all materials and supplies purchased for the Project.

In addition, for any public works project for which the bid accepted by the public body for the total project cost is in the amount of seventy-five thousand dollars or less that becomes subject to a change order that increases the total project cost in excess of seventy-five thousand dollars, the provisions of sections

290.210 to 290.340 RsMO shall apply only to that portion of the project that was in excess of seventy-five thousand dollars.

The Total Project Cost for this Project exceeds Seventy-Five Thousand Dollars ($75,000.00) therefore prevailing wage rates are required for this bid even if this award is under Seventy-Five Thousand Dollars ($75,000.00).

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Bidder:

ITEM QTY UNIT DESCRIPTION TOTAL COST

1 1 LS MOBILIZATION $

2 1 LS TRAFFIC CONTROL $

3 1 LS REMOVAL OF IMPROVEMENTS $

4 1 LS INSTALLATION OF DMS, CITY FURNISHED $

Total (Items 1-4) $

The Total Project Cost for this Project exceeds Seventy-Five Thousand Dollars ($75,000.00) therefore prevailing wage rates are required for this bid even if this award is under Seventy- Five Thousand Dollars ($75,000.00).

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Worker Certification The City seeks to ensure that the highest quality workmanship will be performed on City projects constructed by outside contractors, and to do so, encourages all bidders to use workers on such projects who have satisfactorily completed a registered apprenticeship program developed and operated in accordance with 29 CFR, Part 29. All such bidders are required to certify in their bids on such City projects the percentage, if any, of their workers for the project who have satisfactorily completed such a program for the type of work they will be performing.

Does your company provide a registered apprenticeship program?

Yes No

Please complete the following table:

Worker Classification % of Whom Have Completed the Apprenticeship Program

References

Bidder shall submit three-references, contacts, and phone numbers from similar contracts or projects.

Reference Name Contact Name Contact Phone # Project Amount

Prevailing Wage or Davis Bacon Violations Has the bidder had any violations relating to Prevailing Wage or the Davis Bacon Act?

If yes, attach an explanation.

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Bidder submits the names of Subcontractors to be used in performing the Work. Bidder certifies that all Subcontractors listed are eligible to perform the Work. Indicate if the Subcontractor has had any violations relating to Prevailing Wage or the Davis Bacon Act. Subcontractors are subject to the approval of the City and may not be changed except at the request or with the approval of the City

Has the Subcontractor(s) had any violations relating to Prevailing Wage or the Davis Bacon Act?

If yes, attach an explanation.

Bidder understands that the City reserves the right to reject any and all bids or proposals, waive any informalities or irregularities in bidding, and to accept the lowest responsible bidder who submits a responsive bid which is most advantageous to the City.

The bidder agrees that this bid shall be good and may not be withdrawn for a period of sixty (60) calendar days after the scheduled closing time for receiving bids.

Upon receipt of written notice of the acceptance of this bid, Bidder will execute the formal Contract attached hereto within ten (10) calendar days and deliver a surety bond or bonds as required.

Payment Bond/Performance Bond will be required for any single award of $50,000.00 or over. The successful bidder shall furnish at its own expense corporate surety bonds in a sum equal to the full amount of the Contract, in favor of the City, to ensure the faithful performance of all Contract provisions and to ensure prompt payment to those furnishing materials or performing labor. Bonds shall guarantee the faithful performance of the prevailing wage when prevailing wage is required to be paid on the Project by applicable law. These bonds, in part or all, are to be forfeited to the City in the event that the terms of the Contract are not met in total by the successful bidder. Costs (if any) of these bonds shall be incorporated in the bid submitted. Bonds must be furnished to the City within ten days upon award of Contract, or Bidder shall be deemed in default and award may be cancelled.

Complete and return Section O – Addenda (if applicable) with this bid.

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Bidder Name:

Signature of Authorized Representative:

Printed Name of Authorized Representative:

Title:

Address:

City:

State:

Zip:

Phone Number:

E-Mail Address

Date

Attest

Attesting Signature:

Attesting Printed Name:

Title:

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SECTION D - BID BOND

NOT APPLICABLE

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SECTION E - CONTRACT

26-199 - REC-PLEX DMS INSTALLATION

THIS CONTRACT is made and entered into in the City of St. Peters, County of St. Charles, State of Missouri, on this DATE, by and between the City of St. Peters, Missouri, a Municipal Corporation, hereinafter referred to as City, and Contractor, hereinafter referred to as Contractor.

WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. The Contractor will commence and complete the construction of the Work for 26-199 - Rec-Plex

DMS Installation (the “Project”).

2. The Contractor will furnish all of the material, supplies, tools, equipment, labor, and other services necessary for the installation and completion of the Project described herein.

3. The Contractor will commence the Work required by the Contract Documents within seven (7) calendar days after the date of the Notice to Proceed and will complete the same as directed in the Standard Specifications unless amended by City.

4. The Contractor agrees to perform all of the Work described in the Contract Documents and to comply with the terms therein for the amount of CONTRACT AMOUNT.

5. The term “Contract Documents” means and includes the following:

A. Advertisement For Bids: N/A B. Information for Bidders C. Bid Proposal D. Bid Bond: N/A E. Contract F. Payment Bond G. Performance Bond H. Notice of Award I. Notice to Proceed J. Contract Change Order K. General Conditions L. Standard Specifications M. Schedule of Drawings N. Special Conditions O. Addenda P. Prevailing Wage Rates Q. Indemnification R. Traffic Control S. Certification of Compliance with Section 34.600 RSMo., SUPP. 2020 T. Affidavit Enrollment in Federal Work Authorization Program

The Project Drawings

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Contract 26-199 - Rec-Plex DMS Installation

6. The City will pay the Contract Amount to the Contractor in the manner and at such times as set forth in the Contract Documents.

A. In the event that the Missouri Department of Labor and Industrial Relations has determined that a violation of Section 292.675, RSMo, has occurred and that a penalty as described in Section 10 shall be assessed, the City shall withhold and retain all sums and amounts due and owing when making payments to Contractor under this Contract.

7. Acceptance of this Contract includes compliance with the 1991 Omnibus Transportation Employee Testing Act.

8. This Contract shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns.

9. Contractor acknowledges that Section 285.530, RSMo, prohibits any business entity or employer from knowingly employing, hiring for employment, or continuing to employ an unauthorized alien to perform work within the state of Missouri. Contractor therefore covenants that it is not knowingly in violation of subsection 1 of Section 285.530, RSMo, and that it will not knowingly employ, hire for employment, or continue to employ any unauthorized aliens to perform work on the Project, and that its employees are lawfully eligible to work in the United States.

10. Safety Training A. Contractor shall provide a ten (10) hour Occupational Safety and Health Administration

(OSHA) construction safety program for all employees who will be on-site at the Project.

The construction safety program shall include a course in construction safety and health that is approved by OSHA or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program as required by Section 292.675, RSMo, unless such employees have previously completed the required program.

B. All employees who have not previously completed the program are required to complete the program within sixty (60) days of beginning Work on such construction project.

C. Contractor acknowledges and agrees that any of Contractor’s employees found on the Project Location without documentation of the successful completion of a construction safety program shall be required to produce such documentation within twenty (20) days, or will be subject to removal from the Project.

D. Contractor shall require all of its Subcontractors to comply with the requirements of this Section and Section 292.675, RSMo.

E. Notice of Penalties for Failure to Provide Safety Training

a. Pursuant to Section 292.675, RSMo, Contractor shall forfeit to City as a penalty two thousand five hundred dollars ($2,500.00), plus one hundred dollars ($100.00) for each on-site employee employed by Contractor or its Subcontractor, for each calendar day, or portion thereof, such on-site employee is employed without the construction safety training required above.

b. The penalty described in Subsection a of this Section shall not begin to accrue until the time periods described in Sections 10 B and C above have elapsed.

c. Violations of Section 10 above and imposition of the penalty described in this Section shall be investigated and determined by the Missouri Department of Labor and Industrial Relations.

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11. This Contract may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, when taken together, shall constitute one and the same instrument. Signature to any one counterpart shall be deemed signature to all.

12. This Contract may be signed and transmitted by electronic means, including by facsimile. The signature of any person on an electronically or facsimile transmitted copy hereof shall be considered an original signature. An electronically or facsimile transmitted copy hereof shall have the same binding effect as an original signature on an original document. At the request of any party hereto, any electronic or facsimile copy of this Contract shall be re-executed in original form. No party hereto may raise the use of electronic mail, electronic signature service, or a facsimile machine, or the fact that any signature was transmitted through the use of electronic mail, electronic signature service, or a facsimile as a defense to the enforcement of this Contract.

IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Contract on the date first above written.

Signature of Authorized Representative:

Printed Name of Authorized Representative: William J. Malach

Title of Authorized Representative: City Administrator

ATTEST

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Contractor:

Printed Name of Authorized Representative:

Title of Authorized Representative:

ATTEST

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SECTION F - PAYMENT BOND

KNOW ALL PERSONS BY THESE PRESENTS, that

Name of Contractor

Address of Contractor a

(Corporation, Partnership, Individual)

Hereinafter called Principal, and

Name of Surety

Address of Surety

Hereinafter called Surety, are held and firmly bound unto the City of St. Peters, Missouri, One St. Peters Centre Boulevard, P.O. Box 9, St. Peters, Missouri 63376, hereinafter called City, in the penal sum of in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves and our successors and assigns, jointly and severally, firmly by these presents.

As a CONDITION OF THIS OBLIGATION, the Principal entered into a certain contract with the City, dated XXX, a copy of which is hereto attached and made a part hereof (the “Contract”) for 26-199 - Rec-Plex DMS Installation.

NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such Contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal, and coke, repairs on machinery, equipment, and tools consumed or used in connection with the construction of such Work, all insurance premiums on said Work, and for all labor performed in such Work, whether by subcontractor or otherwise, then this obligation shall be void;

otherwise to remain in full force and effect. This Bond shall guarantee the faithful performance of the prevailing wage when prevailing wage is required to be paid on the Project by applicable law. Principal shall pay not less than the prevailing wage included herein to all workers performing Work under the Contract when prevailing wage is required to be paid on the Project by applicable law.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed thereunder or the Specifications accompanying the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the Work or to the Specifications.

No final settlement between the City and the Principal shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

If the Surety fails to discharge its obligations hereunder, the Surety shall indemnify the City for the reasonable attorney’s fees the City incurs thereafter to successfully recover any sums found to be due and owing to the City.

The Surety represents that it is admitted to act as an authorized corporate surety in the state in which the Project is located. Surety and Principal, intending to be legally bound hereby, subject to the terms set out above, do each cause this Bond to be duly executed on its behalf by its authorized officer, agent, or representative.

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(Seal)

Principal

Address

By (Print Name):

Signature

Attest (Print Name)

Witness as to Principal

Surety

Witness as to Surety

Attorney-in-Fact

NOTE: Date of bond must not be prior to date of contract. If Principal is partnership, all partners should execute bond.

IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the Project is located

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SECTION G - PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS, that

Name of Contractor

Address of Contractor a

(Corporation, Partnership, Individual)

Hereinafter called Principal, and

Name of Surety

Address of Surety

Hereinafter called Surety, are held and firmly bound unto the City of St. Peters, Missouri, One St. Peters Centre Boulevard, P.O. Box 9, St. Peters, Missouri 63376, hereinafter called City, in the penal sum of

Dollars $ in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves and our successors and assigns, jointly and severally, firmly by these presents.

As a CONDITION OF THIS OBLIGATION, the Principal entered into a certain contract with the City, dated XXX, a copy of which is hereto attached and made a part hereof (the “Contract”) for 26-199 - Rec-Plex DMS Installation.

NOW, THEREFORE, if the Principal shall well, truly, and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the City, with or without notice to the Surety and during the guaranty period, and if it shall satisfy all claims and demands incurred under such Contract, and shall fully indemnify and save harmless the City from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the City all outlay and expense which the City may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect.

The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed hereunder, or the Specifications accompanying the same, shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the Work or to the Specifications. This Bond shall guarantee the faithful performance of the prevailing wage when prevailing wage is required to be paid on the Project by applicable law. The Principal shall pay not less than the prevailing wage included herein to all workers performing Work under the Contract when prevailing wage is required to be paid on the Project by applicable law.

No final settlement between the City and the Principal shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

If the Surety fails to discharge its obligations hereunder, the Surety shall indemnify the City for the reasonable attorney’s fees the City incurs thereafter to successfully recover any sums found to be due and owing to the City.

The Surety represents that it is admitted to act as an authorized corporate surety in the state in which the Project is located. Surety and Principal, intending to be legally bound hereby, subject to the terms set out above, do each cause this Bond to be duly executed on its behalf by its authorized officer, agent, or representative.

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Principal

Witness as to Principal

Surety

Witness as to Surety

Attorney-in-Fact

NOTE: Date of bond must not be prior to date of Contract. If Principal is partnership, all partners should execute bond.

IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the state where the Project is located

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ACKNOWLEDGEMENT OF SURETY

State Of:

County Of:

Bond Number:

Effective Date:

On before me, a notary Public in and for said County

Date and State, residing therein, duly commissioned and sworn, personally appeared known to me to be Attorney-In-Fact of

Name

, the corporation described in and that

Surety Company executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he/she duly acknowledged to me that such corporation executed the same.

In witness whereof, I have hereunto set my hand and affixed my official seal, the and year stated in this certificate above.

My commission Expires:

Notary Public Signature

Print Notary Public Name

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SECTION H - NOTICE OF AWARD

To:

Date of Award:

The City of St. Peters, Missouri, has considered the bid submitted by you (the “Contractor”) for the above-described Work in response to its Advertisement for Bids and Information for Bidders, dated August 24, 2026. It appears that it is in the best interest of said City to accept your bid in the amount of CONTRACT

AMOUNT.

You are required by this and the Information for Bidders to execute the formal Contract with the City and to furnish the required Contractor's performance and payment bonds and Certificate of Insurance within ten

(10) calendar days from the date of the delivery of this Notice of Award to you.

If you fail to execute said Contract and to furnish said bonds and insurance within ten (10) calendar days from the date of delivery of this Notice of Award, said City will be entitled to consider all your rights abandoned and to award the Work covered by your bid to another, or to re-advertise the Work or otherwise dispose thereof as the City may see fit.

Printed Name of Authorized Representative: William J. Malach

Title of Authorized Representative: City of St. Peters

ACCEPTANCE OF NOTICE - Receipt of the above Notice of Award is hereby acknowledged by:

Signature of Authorized Representative:

Printed Name of Authorized Representative:

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SECTION I - NOTICE TO PROCEED

Date of Notice:

In accordance with the Contract dated CONTRACT DATE, you are hereby notified to commence Work beginning START DATE and you are to complete the Work no later than COMPLETION DATE.

Printed Name of Authorized Representative: William J. Malach

Title of Authorized Representative: City of St. Peters

ACCEPTANCE OF NOTICE - Receipt of the above Notice to Proceed is hereby acknowledged by:

Printed Name of Authorized Representative:

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SECTION J - CONTRACT CHANGE ORDER #

Project Location: 5200 Mexico Rd, St. Peters, MO 63376

Date of Change Order:

You are hereby requested to comply with the following changes from the Contract and Specifications:

Item Number

Description of Changes, Quantities, Units, Unit Prices, Change in Schedule of Completion, etc.

Decrease in Contract Amount

Increase in Contract Amount

Change in Contract Amount due to this Change Order:

Total Decrease ($) Total Increase $ Net Change $ Original Contract Value $ Current Contract Value $ Revised Contract Value, Including this Change Order $

The time provided for completion in the Contract is increased by ___ calendar days. This document shall become an amendment to the Contract and all provisions of the Contract will apply hereto.

Prevailing Wage Rates will be required for any public works project for which either the engineer's estimate or the bid accepted by the City for the TOTAL PROJECT COST exceeds seventy-five thousand dollars ($75,000.00).

The TOTAL PROJECT COST shall be based upon the entire Project and not individual projects within a larger Project. The TOTAL PROJECT COST shall include the value of Work performed on the Project by every person paid by a Contractor or Subcontractor for that person's work on the Project. The TOTAL PROJECT COST shall additionally include all materials and supplies purchased for the Project. The City shall not divide the Project into multiple contracts for the purpose of lowering the TOTAL PROJECT COST below the threshold described in Section 290.230.5, RSMo.

In addition, for any public works project for which the bid accepted by the City for the TOTAL PROJECT COST is in the amount of seventy-five thousand dollars or less that becomes subject to a change order that increases the TOTAL PROJECT COST to an amount in excess of seventy-five thousand dollars, the provisions of Sections 290.210 to 290.340, RSMo., shall apply only to that portion of the Project that was in excess of seventy-five thousand dollars.

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Change Order #

The Work under this Contract is to be paid for by public funds; therefore minimum prevailing wage rates published by the State Department of Labor are appended.