Veterans Tribute Park Playground Renovation.pdf

LEGAL NOTICE

INVITATION FOR FORMAL BID

IFB 26-107

For

Veteran’s Tribute Park Playground Renovation

For

ST. CHARLES COUNTY GOVERNMENT

ST. CHARLES, MISSOURI

St. Charles County is seeking bids for the Veteran’s Tribute Park Playground Renovation. The vendor must guarantee the quoted prices for a period of Ninety (90) days. The county reserves the right to terminate the contract for any violation, by the successful bidder, of any term or condition of the contract by giving thirty (30) days written notice stating the reasons therefore and giving the party time to remedy any deficiencies. All bid prices submitted must be guaranteed for ninety (90) days.

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BID INSTRUCTIONS

One [1] signed original and one [1] signed copy of the bid must be received in a sealed envelope plainly marked “IFB 106-107 Veteran’s Tribute Park Playground Renovation” with the date and time of the bid opening in the lower left corner of the envelope.

An authorized representative of the company/person submitting the bid must sign the bid, in blue ink.

Bids must be submitted to the St. Charles County Finance Department, 201 North Second Street Room 541 St. Charles MO 63301 prior to the bid opening.

Bid opening will be on 10/05/2026 at 10:30AM, in Room 116 of the St. Charles County Administration Building, 201 North Second Street, St. Charles, MO 63301.

St. Charles County reserves the right to accept and/or reject any and all bids.

Bid results may be obtained by going to our St Charles County Government website @ http://www.sccmo.org/Bids.aspx click on “show Closed/Awarded/Cancelled bids”, select bid and click on “related documents”. No phone calls please. The time it takes for final bid results to be made public depends on the complexity of the project and the cost of the project.

BID INQUIRIES

Any questions or clarifications concerning this Request for Bid must be submitted in writing via E-mail (preferred), or mail to:

Lenore Moore, Purchasing Coordinator St. Charles County Government Finance Department 201 North Second St St. Charles, Missouri 63301 lmoore@sccmo.org

For questions or inquiries concerning the specifications please contact:

Jake McDermott, PE, Project Manager Parks Department St Charles County Government 201 North Second St, Room 510 St. Charles, Missouri 63301 jmcdermott@sccmo.org

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An optional pre-bid meeting will be held on September 18th, 2026 at 11:00 am.

Site Location:

1031 Kisker Road, St. Charles, MO 63304.

This will take place at the playground.

The bid number and title shall be referenced on all correspondence.

All questions must be received no later than 3:00 PM on 09/28/2026. Any question received after this deadline may not be answered.

Responses to questions/clarifications will be placed on the County’s website http://www.sccmo.org/Bids.aspx. Check this website frequently for updates and any addendum that are issued.

Prohibited Communication

Contact with any representative, other than through the procedure outlined in the section titled “Bid Inquiries”, concerning this request is prohibited PRIOR TO BID OPENING. Representative shall include, but not be limited to, all elected and appointed officials, and employees of St. Charles County and their Agents within St. Charles County.

Any Offeror engaging in such prohibited communications prior to Bid Opening may be disqualified at the sole discretion of St. Charles County.

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TERMS AND CONDITIONS

Worker's Compensation and Employer's Liability: Statutory WC limits as required by the Statutes of the State of Missouri (or a qualified self-insurer) and Employers Liability in an amount of no less than $1.0 million.

Automobile, General Liability and Property Damage: The Contractor shall maintain the following minimum amounts of automobile, general liability, and property damage insurance coverage during the life of the contract:

$1,000,000 for bodily injury or death to any one person and $3,000,000 per occurrence for automobile and general liability coverage; and property damage coverage of at least $1,000,000. A Combined Single Limit Policy in the amount of

$3,000,000 is an acceptable alternative. Automobile coverage must include non-owned vehicles.

The Automobile & General Liabilities policies shall be endorsed to include the

County as an additional insured including the following language: Nothing in this endorsement shall serve to operate as a waiver of the County’s Sovereign Immunity or broaden the liability of the County beyond the provisions of Sections 537.600 to 537.610 of the Revised Statutes of Missouri. Vendor shall provide for 30 days advance written notice of any material change. A Waiver of Subrogation in favor of the County shall be endorsed on each of the policies. The required insurance shall be primary insurance with respect to any other insurance or self-insurance programs maintained by the County.

A Certificate of Insurance evidencing the above coverage(s) together with a copy of the required endorsements shall be provided to the County prior to the commencement of any work.

It shall be the contractor's responsibility to keep the respective insurance policies and coverages of any sub-contractor current and in force for the life of the contract.

Architects/Design Engineers: Errors and Omissions (Professional Liability): with limits of not less than 1,000,000.000 per claim/$3,000,000.00 aggregate covering all services provided by the Contract. Coverage to be written on a claims-made basis.

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BONDS:

Bid Bond- A 5% deposit of the bid total, presented in the form of a cashier’s check, Certified check, or bid bond, made payable to St. Charles County.

Performance Bond- A 100% Performance and Payment Bond in favor of the Owner. The Security Co. representing Contractor must be authorized to do business in the State of Missouri and be approved by Owner. Performance and Payment bond will be required if project is $50,000.00 or greater. Bidders shall include performance bond amount on the bid form. The value of the bond will be for the contract price of the project.

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Employment of Unauthorized Aliens Prohibited

(Missouri Revised Statutes Section 285.530)

As a condition for the award of any contract or grant in excess of five thousand dollars by St. Charles County to a business entity, the business entity shall, by sworn affidavit and provision of documentation**, affirm its enrollment and participation in a federal work authorization program (E-Verify) with respect to the employees working in connection with the contracted services. Every such business entity shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. [RSMO 285.530 (2)]

An employer may enroll and participate in a federal work authorization program (E- Verify) and shall verify the employment eligibility of every employee in the employer’s hire whose employment commences after the employer enrolls in a federal work authorization program. The employer shall retain a copy of the dated verification report received from the federal government. Any business entity that participates in such program shall have an affirmative defense that such business entity has not violated subsection 1 of this section. [RSMO 285.530 (4)]

Any entity contracting with St. Charles County shall only be required to provide the referenced affidavit on an annual basis. A copy of the affidavit in included in this bid request. Vendors may choose to send the required documentation using one of the following options:

Send the notarized affidavit and E-Verify MOU signature page to: St. Charles County, Attn: Purchasing Manager, 201 N Second Street, Room 541, St. Charles, MO 63301prior to responding to any solicitations; OR

Send the notarized affidavit and E-Verify MOU signature page along with a bid solicitation response.

These documents will be kept on file. The notarized affidavit and E-Verify MOU signature page will remain current for one year from the date of the notarized affidavit.

** PLEASE NOTE:

Acceptable enrollment and participation documentation consists of a valid copy of the signature page of the E-Verify Memorandum of Understanding, completed and signed by the Contractor, and the Department of Homeland Security - Verification Division The online address to enroll in the E-verify program is:

https://everify.uscis.gov/account/enroll

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Open Records

Any and all information contained in or submitted with the bid becomes a public record subject to the Missouri Sunshine Law when the bids are opened. If the bidder believes that any information contained in or submitted with the bid is protected from disclosure by the Missouri Sunshine Law, the bidder must clearly identify what information the bidder believes is so protected and must also clearly identify the legal basis therefor.

Veteran Friendly Employment Policy

"Indicate whether you have developed a veteran friendly employment policy and, if so, attach a copy of such policy to your response as a point of information."

_____ "YES" our company has a veteran friendly employment policy.

_____ "NO" our company does not have a veteran friendly employment policy.

Please include a copy of your veteran friendly employment policy with your submission.

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Project Scope

The Veteran’s Tribute Park Playground Restoration project, located in Veteran’s Tribute Park, is a Saint Charles County Park Project that will address on-site erosion issues in and around the central playground. The project will involve selective site demolition, the salvage of existing materials and the following improvements:

Removal of existing synthetic turf, shock pad, leveling and recompaction of base course

New inlets & subsurface drainage

New concrete curb

Earthwork

Plantings

Segmental Retaining Walls

Natural Stone Retaining Walls

New Safety Surfacing (to be provided and installed separately by another contractor)

New Concrete Steps

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Exception Sheet

If the item(s) and/or services proposed in the response to this bid is in any way different from that contained in this proposal or bid, the bidder is responsible to clearly identify all such differences in the space provided below. Otherwise, it will be assumed that the bidder’s offer is in total compliance with all aspects of the proposal or bid.

Below are the exceptions or differences to the stated specifications (attach additional sheets as needed):

Date:

Signature:

Title:

Company:

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BID FORM

IFB 26-107

Veteran’s Tribute Park Playground Renovation

The Undersigned hereby proposes and agrees to furnish all the necessary parts, labor, materials, equipment, tools and services necessary for the design and supply of playground equipment for the above noted project together with other incidental work, for the following amounts per the BID FORM:

TOTAL BASE BID – General Contractor to Perform all work set forth in the plans and specs:

The lump sum of_______________________________________________________ DOLLARS

The above Total Base Bid, the amount shall be shown in both words and figures.

In the case of discrepancy between words and figures, the lowest price shall govern.

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UNIT BID ITEMS:

The Bidder shall enter below the Unit Bid Price (as shown) for each Unit Bid Item noted and described below. The Work is described in the Bid Specifications, Construction Plans and any addendum. The Unit Bid Item for each Item shall include all supervision, labor, materials, and equipment for the Work described, and shall include all profit and overhead for the Contractor. The unit bid items shall be studied by each bidder to determine their effect on the bids of the General Contractor and each Subcontractor and/or material supplier.

Item No. Item Description Unit Quantity Unit Cost 1 Type S Concrete Curb LF 1 _______ 2 Rosetta Retaining Wall SFWF 1 _______ 3 Natural Stone Retaining Wall SFWF 1 _______ 4 Topsoil Cu Yds 1 _______ 5 Sod Sq Yds 1 _______ 6 Aggregate Base Sq Yds 1 _______ (4” thick, Type 5)

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BID ALTERNATE 1: NORTH PLAY AREA SURFACE DEMOLITION – As shown on Sheet DP-102, Demolition Plan, General Contractor will remove existing safety surfacing and shock pad in the North Play Area. Level and re-compact aggregate base. provide a performance bond in the amount indicated below. Safety surfacing will be provided and installed by a separate contractor.

Bid Alternate :

of_______________________________________________________ DOLLARS

BID ALTERNATE 2: CATCH BASIN DAYLIGHT – Bore 6”, SDR35 pipe under existing sidewalk and daylight at bottom of existing slope. Provide 20 linear feet of additional pipe over base bid length indicated on the drawings. Daylight option in lieu of connecting to existing playground underdrain as shown on SP-101, if existing pipe can’t be reasonably located. Provide price per location (4 possible locations).

Bid Alternate :

of_______________________________________________________ DOLLARS

PERFORMANCE BOND – General Contractor will provide a performance bond in the amount indicated below.

Performance Bond in the amount of_______________________________________________________ DOLLARS

ADDENDA:

The Undersigned hereby acknowledges the receipt of the any and all Addenda:

Addendum 1 Received: ____________________ Addendum 2 Received: ____________________

Authorized Signature:

(signature indicates acceptance of all bid terms and conditions)

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THIS FORM MUST BE COMPLETED AND ENCLOSED WITH THE BID

Audit Clause for Contracts

Examination of Records The Contractor's records must include, but not be limited to, accounting records (hard copy, as well as computer readable data), written policies and procedures, subcontractor files, indirect cost records, overhead allocation records, correspondence, instructions, drawings, receipts, vouchers, memoranda, and any other data relating to this contract shall be open to inspection and subject to audit and/or reproduction by the County Auditor, or a duly authorized representative from the County, at the County's expense. The contractor must preserve all such records for a period of three years, unless permission to destroy them is granted by the County, or for such longer period as may be required by law, after the final payment.

Since the Contractor is not subject to the Missouri Sunshine Law (Chapter 610, RSMo), information regarding the Contractor's operations, obtained during audits, will be kept confidential.

The Contractor will require all subcontractors under this contract to comply with the provisions of this article by including the requirements listed above in written contracts with the subcontractors.

Vendor Information

Company Name: ___________________________________

Business Address: __________________________________

Business Hours: ____________________________________

Phone: ___________________________________________

Fax:_____________________________________________

Email address: _____________________________________

Contact Person: ____________________________________

Authorized Signature: ______________________________________________ (Indicates acceptance of all bid terms and conditions)

Date: ____________________

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AFFIDAVIT OF WORK AUTHORIZATION

The bidder/contractor who meets the section 285.525, RSMo definition of a business entity must complete and return the following Affidavit of Work Authorization.

Comes now (Name of Business Entity Authorized

Representative) as (Position/Title) first being duly sworn on my oath, affirm

(Business Entity Name) is enrolled and will continue to participate in the E-Verify federal work authorization program with respect to employees hired after enrollment in the program who are proposed to work in connection with the services related to contract(s) with the County for the duration of the contract(s), if awarded in accordance with subsection 2 of section 285.530, RSMo. I also affirm that

(Business Entity Name) does not and will not knowingly employ a person who is an unauthorized alien in connection with the contracted services provided to the contract(s) for the duration of the contract(s), if awarded.

In Affirmation thereof, the facts stated above are true and correct. (The undersigned understands that false statements made in this filing are subject to the penalties provided under section 575.040, RSMo.)

Authorized Representative's Signature Printed Name

Title Date

E-Mail Address

Subscribed and sworn to before me this _____________ of ___________________. I am

(DAY) (MONTH, YEAR)

commissioned as a notary public within the County of , State of

(NAME OF COUNTY)

_______________________, and my commission expires on _________________.

(NAME OF STATE) (DATE)

Signature of Notary Date

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THIS FORM MUST BE COMPLETED AND ENCLOSED WITH THE BID

ST. CHARLES COUNTY

DOMESTIC PRODUCTS PROCUREMENT ACT (BUY AMERICAN)

The Missouri Domestic Products Procurement Act (34.350-34.359 RSMo) requires that for all bids with a value of $25,000 or more, the goods or commodities purchased by any public agency (which definition includes all political subdivisions of the State, including counties) or used or supplied in the construction, alteration, repair, or maintenance of any public works must be manufactured or produced in the United States. As defined in 34.350 RSMo, United States means the United States of America, the District of Columbia, and all territories and possessions subject to the jurisdiction of the United States. The law also requires that the bidder must provide proof of compliance. Note: In general, if an import tariff is applied to an item, it does not qualify for the Buy American preference. In addition, Most Favored Nation status does not allow application of the preference.

Section A – All Products Are Manufactured or Produced In U.S.

If all products bid qualify as domestic products under Missouri law, complete only Section A.

I hereby certify that all products qualify as domestic, that the information provided is true and correct, and complies with all provisions of Sections 34.350-34.359 RSMo. I understand that any misrepresentation herein constitutes the commission of a class A misdemeanor pursuant to Section 34.355 of the Revised Statutes of Missouri.

SIGNATURE

COMPANY NAME

If Section A is completed, do not complete Section B.

Section B – Only One Product Line or No Products Are Manufactured or Produced In U.S.

If only one product line or no products are manufactured or produced in the U.S. complete only section B.

I hereby certify that there is only one product line or no product manufactured or produced in the U.S., that the information provided is true and correct, and complies with all provisions of Sections 34.350-34.359 RSMo. I understand that any misrepresentation herein constitutes the commission of a class A misdemeanor pursuant to Section 34.355 of the Revised Statutes of Missouri.

Section C – Products May Qualify Because of Qualifying Treaty If some or all products bid qualify for domestic status because of a trade treaty, etc., then the bidder must identify each product, country and qualifying treaty, etc. below. The bidder must list ALL products which are or may qualify as domestic below. If more space is needed, please copy this form and submit as an attachment.

BID ITEM NUMBER(S) COUNTRY WHERE MANUFACTURED

OR PRODUCED

QUALIFYING TREATY, LAW,

AGREEMENT, OR REGULATION

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SECTION C

I hereby certify that the specific items listed above are domestic, that the information provided is true and correct, and complies with all provisions of Sections 34.350-34.359 RSMo. I understand that any misrepresentation herein constitutes the commission of a class A misdemeanor pursuant to Section 34.355 of the Revised Statutes of Missouri.

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COUNTY-CONTRACTORS AGREEMENT

(Sample Form, to be Executed Immediately After Award)

This agreement, made by and between hereinafter called the CONTRACTOR, and the COUNTY of St. Charles, St. Charles, Missouri, hereinafter called the COUNTY.

Now therefore, CONTRACTOR and COUNTY, in consideration of mutual covenants herein set forth, agree as follows:

ARTICLE 1. CONTRACT PRICE

COUNTY shall pay CONTRACTOR in current funds for completion of the Work designated in ARTICLE 3, in accordance with the Contract Documents, the lump sum Contract Price set forth in the CONTRACTOR’S Bid and accepted by the COUNTY, subject to additions and deductions authorized in accordance with the Contract Documents, in the total amount of:

(in words)

(in figures)

ARTICLE 2. TIME OF COMPLETION

The CONTRACTOR shall commence operations upon receiving the written Notice to

Proceed from the COUNTY and at such time to complete the contract work by the dates indicated below. Project completion shall be defined as 100% completion of all items of the project including correction of deficiencies. The project shall be fully complete within 60 calendar days of the Notice to Proceed.

With the rate of progress and the time of completion being essential conditions of this contract, liquidated damages will be charged for failure to complete within the allotted time at the rate of THREE HUNDRED ($300.00) dollars per day for each calendar day until the job is completed, accepted, and approved by the COUNTY. See ARTICLE 16 for liquidated damages.

ARTICLE 3. SCOPE OF THE WORK

The CONTRACTOR shall furnish all of the material, tools, equipment, labor and incidentals necessary to perform the WORK, and shall perform the WORK in accordance with the specifications and terms set forth. The scope of work is described in the Bid Specifications, 26-107 Veterans Tribute Park Renovations Proposal Response from (please complete)

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Construction Drawings, and all associated contract documents for this project, which are incorporated herein by this reference.

ARTICLE 4. GUARANTEE

The CONTRACTOR hereby expressly guarantees the aforesaid work as to workmanship in connection therewith for a term of 1 year, commencing on the date of acceptance of the work or improvements, and binds himself, his successors or assigns, to make all repairs or replacements which may become necessary within the time due to nonconformity with the specifications. Whenever notified by the COUNTY that said replacements are required, the CONTRACTOR shall at once make the same as directed and at his own expenses. If the CONTRACTOR does not proceed with such replacements within five days after receipt of written notice, then the COUNTY shall have the power to cause the same to be made and to charge the cost thereof to the CONTRACTOR and his sureties. Nothing in this section is intended to guarantee maintenance.

ARTICLE 5. FAILURE TO ENTER INTO CONTRACT:

The successful bidder, upon his/her failure or refusal to execute and deliver the contract and bonds required within ten (10) days after he has received notice of the acceptance of his bid, shall forfeit to the COUNTY as liquidated damages for such failure or refusal, the security deposited with his bid.

ARTICLE 6. THE CONTRACT DOCUMENTS

Up to two (2) full sets of drawings and two (2) full sets of Contract Documents will be provided to the successful CONTRACTOR by St. Charles County at no cost to the CONTRACTOR. Additional sets may be purchased by the CONTRACTOR at the printing cost plus ten percent (10%) for handling.

The Contract Documents which comprise the entire agreement between COUNTY and CONTRACTOR concerning the Work consist of the following:

A. This County-Contractors Agreement.

B. Exhibits to this County-Contractors Agreement, including the General Requirements.

C. Performance and Payment Bonds.

D. Notice of Award.

E. Notice to Proceed.

F. Request for Bid and Specifications for the project.

G. Drawings and attachments attached to the RFB.

H. Addenda____through____.

I. Bid Form(s) J. All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents, which may be delivered or issued after the Effective Date of the Agreement, and are not attached hereto.

There are no Contract Documents other than those listed in this article. The Contract Documents may be amended, modified, or supplemented only in one or more of the following ways: (i) a Written Amendment; (ii) a Change Order; or (iii) a Work Change Directive.

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The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by a Field Order, or COUNTY’S written interpretation or clarification.

ARTICLE 7. PAY QUANTITIES AND UNIT PRICES

The COUNTY shall pay the CONTRACTOR for all work done on the basis of final computations for all work acceptably completed according to this contract, at the unit price shown in the proposal for the quantity actually installed. A 5% retainage will be held from all invoices submitted to the COUNTY for payment until the final lien waivers and other close out paperwork is furnished to the County. If, during the term of the Agreement, the COUNTY reduces the items ordered or services, payments shall be reduced by a commensurate amount based on bid documents or exhibits attached to this Agreement at the time of execution.

CONTRACTOR shall not restructure itemized prices during the term except by properly executed amendment signed by both parties.

ARTICLE 8. PROGRESS PAYMENT PROCEDURES

CONTRACTOR shall submit Applications for Payment monthly according to the “General Requirements” section entitled “Progress Payments”. Applications for Payment will be processed by the COUNTY. COUNTY shall make progress payments on account of the Contract Price on the basis of CONTRACTOR’S Applications for Payment as approved by the COUNTY. All progress payments will be on the basis of the progress of the Work measured by the schedule of values, and in the case of Unit Price Work based on the number of units completed. No progress payments will be made if the CONTRACTOR does not have a current progress schedule accepted by the COUNTY.

ARTICLE 9. FINAL PAYMENT AND ACCEPTANCE

When all work provided for under this contract has been completed in conformance with the specifications and requirements of this contract, and accepted without regard to the provisions of guarantee as provided under the terms of this contract, a final cost estimate shall be prepared by the CONTRACTOR and approved by the COUNTY and filed with the COUNTY and with the CONTRACTOR within fifteen (15) days after the date of acceptance of the work as a statement of the amount due the CONTRACTOR. This estimate shall be based on appropriate unit quantities of material placed, including any charges for extra work ordered and properly chargeable under this contract, and deducting any sum properly deductible under this contract.

ARTICLE 10. RATES OF PAY

The CONTRACTOR hereby agrees that the prevailing rates of pay shall be paid to skilled and unskilled labor employed under the terms of this contract. The CONTRACTOR shall forfeit to the COUNTY one hundred dollars ($100) for each workman employed, for each calendar day, or portion thereof, such workman is paid less than the said stipulation rates for any work done under said contract, by him or by any subcontractor under him. Annual Wage Order #33, as of May 29, 2026 shall be in effect for this project.

ARTICLE 11. SALES AND USE TAX EXEMPTION

To the fullest extent permitted by applicable law, including Section 144.062, RSMo, Contractor shall utilize all available sales and use tax exemption mechanisms applicable to the Work, including but not limited to the Missouri Project Exemption Certificate (Form 5060)

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Page 20 of 97 _________________________________ and any exemption documentation provided by County, for all purchases of materials, supplies, and equipment incorporated into or consumed in the Project; Contractor shall coordinate with County and its subcontractors and suppliers to implement such exemptions and ensure all qualifying purchases are made on a tax-exempt basis; and Contractor shall not include in the Contract Price, nor seek reimbursement from County for, any sales or use taxes paid to the extent such taxes could have been lawfully avoided through use of such exemptions, it being expressly understood that any such avoidable taxes shall be borne solely by Contractor.

ARTICLE 12. PERFORMANCE OF WORK

The CONTRACTOR, acting as a professional, shall furnish all supervision, labor, equipment, tools, materials, and supplies necessary to perform and shall perform all work in accordance with the Contract Documents and any applicable COUNTY ordinances, and state and federal laws. CONTRACTOR represents and warrants that he has special skills which qualify him to perform the Work in accordance with the Contract and that he is free to perform all such Work and is not a party to any other agreement, written or oral, the performance of which would prevent or interfere with the performance, in whole or in part, of the Work. The prime CONTRACTOR must perform, with its own organization, contract work amounting to not less than 40% of the total original contract.

ARTICLE 13. SUPERVISION

The CONTRACTOR shall supervise and direct the Work, using the CONTRACTOR'S best skill and attention. The CONTRACTOR shall be solely responsible for and have control over construction means, methods, techniques, sequences, and procedures and for coordinating all portions of the Work under the Contract, unless Contract Documents give other specific instructions concerning those matters.

ARTICLE 14. SAFETY

The COUNTY and any consulting ENGINEER hired by the COUNTY may have personnel on the project site from time to time. All information and/or instructions shall be requested in writing by the CONTRACTOR and responded to in writing. No opinion or instructions will be given to the CONTRACTOR on safety. The CONTRACTOR shall be solely responsible for the safety on and around the project site including shoring, ladders, drop cords, scaffolding, barricades, construction means, methods, techniques, sequences, and procedures. The CONTRACTOR shall comply with all requirements of Section 292.675 RSMo., as amended, which is incorporated herein by this reference. Said statute relates to the OSHA Construction Safety Program. COUNTY hereby notifies CONTRACTOR that the penalties for failure to comply with the training and all other requirements set forth in said statute include the forfeiture of penalties to COUNTY of two thousand five hundred dollars ($2,500.00) plus one hundred dollars ($100.00) for each employee employed by CONTRACTOR or a subcontractor, for each calendar day, or portion thereof, such employee is employed without the required training.

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ARTICLE 15. INDEMNITY

To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the COUNTY, CONSULTING ENGINEER, their consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property other than the Work itself, including loss of use resulting there from, but only to the extent caused in whole or in part by negligent acts or omissions of the CONTRACTOR, a Subcontractor, or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity, which would otherwise exist as to a party or person described in this Section.

In claims against any person or entity indemnified under the above paragraph by an employee of the CONTRACTOR, a Subcontractor, or anyone directly or indirectly employed by them or anyone whose acts they may be liable, the indemnification obligation under this paragraph shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or a Subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts.

The obligations of the CONTRACTOR under this Section shall not extend to the liability of the ENGINEER, the ENGINEER'S consultants, and agents and employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications, or (2) the giving of or the failure to give directions, after requested in writing by the CONTRACTOR, or instructions by the ENGINEER, the ENGINEER'S consultants, and agents and employees of any of them provided such instructions or failure to give is the primary cause of the injury or damage.

ARTICLE 16. LIQUIDATED DAMAGES

Whenever time is mentioned in this contract, time shall be and is of the essence of this contract.

The COUNTY would suffer loss should the CONTRACTOR fail to have the work embraced in this contract fully completed on or before the time above specified: THEREFORE, in order to adjust satisfactorily the damage on account of such failure, and the parties hereto realizing that it might be impossible to compute accurately or estimate the amount of such loss or damages which the COUNTY would sustain by reason of failure to complete fully said work within the time required by this contract, the CONTRACTOR hereby covenants and agrees to pay the COUNTY, as and for liquidated damages for each and every calendar day during which work remains incomplete and unfinished.

Any sum which may be due the COUNTY for such damages shall be deducted and retained by the COUNTY from any balance which may be due the CONTRACTOR for progress payments or 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 COUNTY will be under no obligation to show or prove any actual or specific damage.

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Therefore, the CONTRACTOR will be charged with liquidated damages specified in the amount of Three Hundred Dollars ($300.00) per calendar day for each full day that all work for the Veteran’s Tribute Park Playground Renovation in St. Charles County, Missouri, consisting of: All work incidental the furnishing of materials, tools, equipment and labor necessary to construct Veteran’s Tribute Park Playground Renovation in St. Charles County, Missouri, is not completed in excess of the limitation as specified elsewhere in this special provision. It shall be the responsibility of the COUNTY to determine the quantity of excess days.

ARTICLE 17. TERMINATION BY COUNTY OR CONTRACTOR

(A) If the CONTRACTOR is adjudged to be bankrupt, or if the CONTRACTOR makes a general assignment for the benefit of creditors, or if a receiver is appointed on account of the CONTRACTOR’s insolvency, or if the CONTRACTOR fails, except in cases for which extension of time is provided, to make progress in accordance with the Construction Schedule, or if the CONTRACTOR fails to make prompt payment to Subcontractors or prompt payment for material or labor, or disregards laws, ordinances or the instructions of the COUNTY, or otherwise breaches any provision of the Contract, the COUNTY may, without prejudice to any other right or remedy, terminate the Contract by giving written notice to the CONTRACTOR and his surety. Upon such notification the COUNTY shall be entitled to take possession of the Work and of all materials and equipment thereon and finish the Work by whatever method the COUNTY may deem expedient, which may include, but is not limited to, the COUNTY itself completing the work or the COUNTY hiring others to complete said work. In such case, the CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Sum shall exceed the expenses of finishing the Work, including additional engineering, architectural, managerial, and administrative expenses, such excess shall be paid to the CONTRACTOR. If such expenses and damages exceed the unpaid balance of the Contract Sum, the CONTRACTOR shall pay the difference to the COUNTY promptly upon demand. In the event of termination pursuant to this paragraph, the CONTRACTOR, upon the request of the COUNTY, shall promptly:

I. assign to the COUNTY in the manner and to the extent directed by the COUNTY all right, title and interest of the CONTRACTOR under any subcontracts, purchase orders and construction equipment leases to which the CONTRACTOR is a party, and which relate to the Work or to construction equipment required therefore, and II. make available to the COUNTY to the extent directed by the COUNTY all construction equipment owned by the CONTRACTOR and employed in connection with the Work.

(B) Performance of the Work hereunder may be terminated by the COUNTY by giving three

(3) days prior written notice to the CONTRACTOR if the COUNTY, in its sole discretion, decides to discontinue or suspend construction. In the event of such termination, as opposed to termination pursuant to paragraph (A) of this Article 13, the Contract Sum shall be reduced in an equitable manner by agreement between the parties.

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ARTICLE 18. AUDIT CLAUSE

Examination of Records The CONTRACTOR’s records which shall include, but not be limited to, accounting records (hard copy, as well as computer readable data), written policies and procedures, subcontractor files, indirect cost records, overhead allocation records, correspondence, instructions, drawings, receipts, vouchers, memoranda, and any other data relating to this contract shall be open to inspection and subject to audit and/or reproduction by the County Auditor, or a duly authorized representative from the COUNTY, at the COUNTY’s expense.

The CONTRACTOR shall preserve all such records for a period of three years, unless permission to destroy them is granted by the COUNTY, or for such longer period as may be required by law, after the final payment. Since the CONTRACTOR is not subject to the Missouri Sunshine Law (Chapter 610, RSMo), information regarding the CONTRACTOR’s operations obtained during audits will be kept confidential.

IN WITNESS WHEREOF the parties hereto have caused this instrument to be executed in four (4) original counterparts as of the day and year last written below.

CONTRACTOR:

By: ___________________________________ Date: ____________________________

Name (printed): Title: ATTESTED BY:

Secretary

ST. CHARLES COUNTY, MISSOURI

By:____________________________________ Date: _____________________________ Steve Ehlmann, County Executive

ATTESTED BY:

County Registrar

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CERTIFICATE OF FINANCE DIRECTOR

I certify pursuant to § 50.660 RSMo., as amended, that there is a balance otherwise unencumbered to the credit of the appropriation to which this contract is chargeable, and a cash balance otherwise unencumbered in the treasury to the credit of the fund from which payment is to be made, each sufficient to meet this obligation.

Michael E. Sommer, Finance Director

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SIGNATURE SHEET

The following individuals are responsible for the specification sections indicated on the same page as their seal.

DIVISION 32 EXTERIOR IMPROVEMENTS

32 3223 Segmental Retaining Walls 32 9219 Seeding 32 9223 Sodding 32 9300 Plants

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SECTION 01 1000 SUMMARY

PART 1 GENERAL

1.1 Drawings, Division 0, and general provisions of the Contract, including other Division 1 Specifications, apply to this section.

1.2 SECTION INCLUDES

A. Project description.

B. Work by Contractor.

C. Work to be completed separately by others.

D. Contractor supplied items.

E. Owner’s use of site and premises.

F. Work sequence/coordination.

G. Owner occupancy.

1.3 PROJECT DESCRIPTION

A. The Veteran’s Tribute Park Playground Improvements Project includes the construction of improvements that will address on-site erosion issues in and around the central playground. Veterans Tribute Park is located at 1031 Kisker Road in Weldon Springs, Missouri.

B. Playground improvements will include, but not be limited to the following:

1. Site preparation.

2. Removal of existing synthetic turf, shock pad, leveling and recompaction of base course

3. New inlets & subsurface drainage

4. New concrete curb

5. Earthwork

6. Plantings

7. Segmental Retaining Walls

8. Natural Stone Retaining Walls

9. New Safety Surfacing (to be provided and installed separately by another contractor)

10. New Concrete Steps

C. The following alternate bid items will be included in this project:

1. BID ALTERNATE 1: NORTH PLAY AREA SURFACE DEMOLITION – As shown on Sheet DP-102, Demolition Plan, General Contractor will remove existing safety surfacing and shock pad in the North Play Area. Level and re-compact aggregate base. Provide a performance bond in the amount

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2. BID ALTERNATE 2: CATCH BASIN DAYLIGHT – Bore 6”, SDR35 pipe under existing sidewalk and daylight at bottom of existing slope. Provide 20 linear feet of additional pipe over base bid length indicated on the drawings.

Daylight option in lieu of connecting to existing playground underdrain as shown on SP-101, if existing pipe can’t be reasonably located. Provide price per location (4 possible locations).

D. Perform Work of this Contract under a lump sum contract with Owner in accordance with Conditions of the Owner’s form of Contract and the Contract Documents.

E. Descriptions and requirements of these specifications shall apply to all Work.

1.4 WORK BY CONTRACTOR

A. Work under this contract includes but is not limited to items listed in 1.3.B above.

1.5 CONTRACTOR SUPPLIED ITEMS

A. Contractor's Responsibilities:

1. Provide Coordination Drawings, Test Results, Product Data, and Material Samples as specified. Forward them to Owner or Owner’s Representative within five days of receipt from suppliers/manufacturers.

2. Coordinate with Owner and Product Manufacturer to receive and unload materials and products at site; inspect for completeness or damage.

Document and report any damage immediately to the freight carrier, supplier, manufacturer and Owner to determine liability. Failure to follow these procedures will make the Contractor responsible for accepting damaged items.

3. Handle, store, protect, install and finish products in accordance with the contract documents and manufacturer’s instructions. In the case of conflict the more stringent requirements shall apply. Notify Owner of any differences in the contract documents and manufacturer’s instructions. Obtain approval of Owner for location of on-site storage needs and staging area.

4. Repair or replace items damaged after acceptance of deliveries.

5. Arrange and pay for all required project permits and inspections not provided by Owner.

6. Other items called for by these contract documents.

7. For all products provided by the contractor which are manufactured by non-

U.S. companies, the contractor shall ensure that parts, supplies and services can be purchased from and provided by a distributor and/or manufacturer’s representative located in the United States of America.

8. Responsibilities as called for and/or inferred in these contract documents or manufacturer’s information that are necessary to complete the construction in

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9. Compliance with all applicable Federal, State, County and City codes and requirements of authorities having jurisdiction. Applicable codes include, but are not limited to the following:

a. 2021 – St. Charles County Building Code (including appendices C and K) and amendments.

b. 2021 – St. Charles County Existing Building Code and amendments.

c. 2021 – St. Charles County Mechanical Code and amendments.

d. 2021 – St. Charles County Fuel Gas Code and amendments.

e. 2021 – National Electric Code and amendments.

f. 2021 – St. Charles Plumbing Code and amendments.

g. 2021 – St. Charles Energy Conservation Code and amendments.

h. 2021 – St. Charles County Fire Code and amendments.

10. Arrange for required St. Charles County inspections at required stages of construction.

1.6 OWNER'S USE OF SITE AND PREMISES

A. Access to Site: Limited to parking lot adjacent to playground.

B. Construction Staging: Limited to area as shown on the Overall Demolition Scope

Drawing (DP-101) as follows.

1. Staging and access as directed by Owner’s Representative.

2. Items stored on site need to be secured in a manner to prevent damage and access by vandals and damage from extreme weather, etc.

C. Completion days and time restrictions for performing the work:

1. From receipts of written notice to proceed by Owner until project completion (60 calendar days, excluding holidays observed by St. Charles County).

a. Comply with Owner requirements listed in the General Requirements and form of Agreement between Owner and Contractor.

b. Normal work hours shall be Monday through Friday between the hours of 7:00 a.m. to 5:00 p.m. Contractor shall obtain prior, written approval from Owner for any work conducted outside normal hours.

c. Work shall not be conducted on holidays observed by Owner without prior, written approval from Owner.

1.7 WORK SEQUENCE/COORDINATION

A. During construction period, Contractor shall coordinate, consult and cooperate with Owner regarding construction schedule and operations. Provide Owner with proposed construction sequencing indicating the key milestones for completing the work in the specified time.

1. Comply with Owner approved Contractor’s detailed schedule as updated throughout the project construction.

2. Contractor shall schedule work and resources as necessary to complete key components of the project to avoid delays.

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3. Replacement playground safety surfacing will be provided and installed by a separate contractor. The contractor of this project will be responsible for closely coordinating his work with the work of the playground safety installer.

This projects contractor should pay particular attention to:

a. Preserving all existing playground safety surface composite nailer boards that will be required to install the new safety surface.

b. Installing new composite nailer boards required to install the new safety surface.

c. Insuring the existing aggregate base course is in place and is acceptable to the playground safety surface installer for the installation of his safety surface product.

1.8 PERMITTING

A. Project permits shall include, but not be limited to the following:

1. St. Charles County Permits (Contractor is responsible for all associated fees)

a. Building Permit

b. Land Disturbance Permit

c. Stormwater Management Permit

1.9 OWNER OPERATIONS & OCCUPANCY

A. During construction of the proposed improvements, the entire playground except the 2-5 year old playground which will remain open.

B. Cooperate with Owner…