Special_Conditions.pdf

Page 1 of 5 Special Conditions

SPECIAL CONDITIONS

1. INTERPRETATION OF CONTRACT DOCUMENTS

All work contemplated and described in these specifications shall be performed in accordance with the contract specifications and all directives which will be given from time to time during the progress of the work. If any discrepancy appears between any of the contract specifications such discrepancy shall be interpreted and adjusted in writing by the Director whose decision shall be final. Any doubts as to the meaning of these specifications of any obscurity in wording shall be explained and interpreted by the Director who shall have the right to correct any error or omission in them when such correction is, in his opinion, necessary for the proper fulfillment of their intention. The City shall not be liable for any increase in price as a result of such interpretation. When reference is made to a particular specification, it shall be interpreted to be the latest current revision thereof.

To prevent all disputes and litigation, the Director shall in all cases decide all questions, which may arise relative to interpretations of the plans and specifications, to the acceptability of work done by the Contractor, and to the estimates. His decisions shall be final and conclusive.

2. PAYMENT

All invoices shall be submitted to the. Department of Finance. Each invoice shall be submitted as an original, on company letterhead, with the job title and bid number as it appears on the cover of the specifications, with the purchase order number from the City and clearly marked as an Invoice. In the case of a construction contract, the invoices must be consecutively numbered starting with #1. Said invoices shall be due and payable within thirty (30) days following written approval by the Director. At the option of the City, all cash discounts will be taken within specified days following Director's approval.

All invoices shall be submitted on Company letterhead, signed by an owner/principal of the

Company, dated and have the following format:

(Line Item Description Bid) or

(Line Item Description Bid)

(% Complete) X (Lump Sum)= (Extension)

(Quantity) X (Unit Price) = (Extension)

Total Completed To Date = _

Less 10% Retention (if applicable) =( ,_

Less Previously Billed =( ,_

Amount Due This Invoice = =====

Also, with all invoices (monthly and final), the Contractor and Subcontractors shall submit certified copies of their payroll showing names and addresses of employees performing work on this project; per Prevailing Wage Rules amendment made September 4, 1984, effective November 11, 1984 to

8CSR 30-3.010.

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 15 of the Instructions to Bidders shall be assessed, the City shall withhold and retain all sums and amounts due and owing when making payments to the Contractor under this contract.

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3. WORKMANSHIP

The Contractor shall at all times employ sufficient labor and equipment for processing the work to full completion in the manner and time required by these specifications. All workmen shall have sufficient skill and experience to perform properly the work assigned to them.

The labor provided by the Contractor shall be directed to be of a workmanlike character with respect to the methods of construction and quality of completed work, and shall not encumber the premises or adjacent property or street with materials and/or equipment.

4. GUARANTEE

The Contractor will be required to guarantee his work as to workmanship and quality of materials (including parts and labor) used in connection therewith for a term of one (1) year, commencing on the date of start-up and acceptance of the work, unless otherwise stated herein, and binds himself, his successors, or assigns, to make all replacements which may become necessary within that time due to non-conformity with the specifications. Whenever notified by the Director that said replacements are required, the Contractor shall at once make the same as directed, and at his own expense. If the Contractor does not proceed with such replacements within five (5) days of receipt of written notice, then the City shall have the power to cause the same to be made and to charge the cost thereof to the Contractor. Nothing in this section is intended as a maintenance guarantee.

The City shall retain the Performance Bond for this guarantee period. Failure of the

Contractor to comply with the guarantee will constitute sufficient reason to use the Performance Bond to correct such work.

5. COMMUNICATIONS

a. All notices, demands, requests, instructions, approvals, proposals and claims must be in writing.

b. Any notice to or demand upon the Contractor shall be sufficiently given if delivered at the Office of the Contractor stated on the signature page of the agreement (or at such other offices as the Contractor may from time to time designate in writing to the City), or is deposited in the United States mail in a sealed, postage-prepaid envelope, or delivered with charges prepaid to any telegraph company for transmission, in each case addressed to such office.

c. All papers required to be delivered to the City shall, unless otherwise specified in writing to the Contractor, are to be delivered to Department of Public Works, City Hall, 955 Rue St. Francois, Florissant, Missouri 63031, and any notice to or demand upon the City shall be sufficiently given if so delivered, or if deposited in the United States mail in a sealed , postage prepaid envelope , or delivered with charges prepaid to any telegraph company for transmission to said City at such address, or to such other representatives of the City, or to such other address as the City may subsequently specify in writing to the Contractor for such purpose.

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d. Any such notice shall be deemed to have been given as of the time of actual delivery, or (in the case of mailing) when the same should have been received in due course of post, or in the case of telegrams, at the time of actual receipts, as the case may be.

6. NOTICE OF AWARD

Upon written receipt of Notice-of-Award, the successful bidder will be required to submit in ten (10) days the following:

a. Performance Bond

b. Labor & Materials Payment Bond

c. Certificate of Insurance (Contractor shall obtain an "Additional Insured" endorsement naming the City of Florissant as an additional insured and will be required to maintain updated evidence of coverage under the "Additional Insured" endorsement for a period of no less than 5 years from the date of completion of the project.)

d. Construction Schedule

e. List of Subcontractors, Suppliers, Vendors, etc. (City will supply Project Tax

Exempt Form)

f. Execution of Contract Agreement

g. Obtain all applicable permits from the City of Florissant, State and Federal Offices.

No fee will be charged for the City permits.

h. Proof of OSHA Training Requirements for workers on project

i. Provide documentation that General and Subcontractor workers employed on this project have satisfactorily completed federal approved apprenticeship programs. If not 100% , state what percentage has completed an approved program.

j. Each bid must be accompanied by the “Work Authorization Affidavit for Business Entities” included to these bid documents verifying participation in the "E-Verify" program administered by the Federal Government Department of Homeland Security. Documentation (pages 11-13 of the Memorandum of Understanding) must also accompany this bid.

The successful bidder shall prepare, in conjunction with the City, and submit for approval a schedule showing the details and coordination of work. This schedule may take the form of a Bar Chart or CPM diagram as deemed necessary by the City of Florissant, and must be prepared, submitted and approved before 'Notice-to-Proceed' will be issued.

7. QUALITY CONTROL

All material to be permanently incorporated in the work under the contract shall conform to these specifications and be available in ample quantities; and unless otherwise specified, shall be new, first quality, and unused when put into the work.

Trade or manufacturer's names, where used, are for the purpose of fixing the standards of material and workmanship. Any article or material approved by the Director may be used in place of that specified. If there is some question as to the "or equal" status of an item, the bidder may submit the item's specifications five (5) days prior to bidding for approval and/or qualify his or her bid with a deduct, if approved .

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All materials incorporated in the project are subject to testing. Testing may be performed by one or more independent testing laboratories, as approved by the Director.

8. TEMPORARY FACILITIES AND CONTROLS

a. SECURITY. Contractor shall be responsible for protection of the site, and all work, materials, equipment, and existing facilities thereon, against vandals and other unauthorized persons. The costs of additional personnel, fencing, barricades, lighting, or other required protective measures used shall be included in the bid.

b. PARKING. Contractor shall park in designated parking areas for the use of all construction workers and others performing work or furnishing services in connection with the project, as required to avoid any need for parking personal vehicles where they may interfere with public traffic, the City's operations, or construction activities.

c. DUST CONTROL. Contractor shall take reasonable measures to prevent unnecessary dust. Earth surfaces subject to dusting shall be kept moist with water or by application of a chemical dust suppressant. Dusty materials in piles or in transit shall be covered, when practicable, to prevent blowing.

d. ACCIDENT PREVENTION. The Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occur as a result of the prosecution of the work. The safety provisions of the Federal Occupational Safety and Health Act, and of applicable laws and building and construction codes, shall be observed, and the Contractor shall take, or cause to be taken, such additional safety and health measures as the City of Florissant , Missouri, may determine to be reasonably necessary. Machinery, equipment and all hazards shall be guarded in accordance with the safety provisions of the "Manual of Accident Prevention in Construction," published by the Associated General Contractors of America, Inc., to the extent that such provisions are not in conflict with applicable local laws.

The Contractor shall maintain an accurate record of all cases of death , occupational disease, and injury requiring medical attention or causing loss of time from work, arising out of and in the course of employment on work under the Contract. The Contractor shall promptly furnish the City of Florissant, Missouri, with reports concerning these matters.

e. POLLUTION CONTROL. Contractor shall prevent the pollution of drains and watercourses by sanitary wastes, sediment, debris, and other substances resulting from construction activities . No sanitary wastes will be permitted to enter any drain or watercourse other than sanitary sewers. No sediment, debris, or other substance will be permitted to enter sanitary sewers and reasonable measures will be taken to prevent such materials from entering any drain or watercourse.

f. MEASUREMENT AND PAYMENT. The work provided herein will not be measured for payment, and all costs must be included in the unit price(s) or lump sum costs provided in the bid.

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9. PROJECT CLOSEOUT

The Contractor shall close out the project as follows:

a. Obtain final inspections and approvals from the City's Project Manager and applicable utilities

b. Obtain all final inspections and approvals from Fire District and the City of Florissant, as required.

c. Obtain final inspection and acceptance by the City as outlined in the General Conditions.

d. Resolve any and all claims from suppliers, vendors, sub-contractors, etc. and any adjacent property owners.

e. Submit certified copies of all lien waivers from contractor, suppliers, vendors, sub-contractors, testing labs, etc.

f. Submit certified copies of all payrolls per Prevailing Wage Rules 8CSR 30-3.010.

g. Submit certification of compliance with all State and Federal prevailing wage rates.

NOTE: Requests for final payment (final invoice) will not be processed, considered for processing nor in any way approved by the Director until all of the above close-out items have been completed.