HomeMy Public PortalAboutORD16034BILL NO. 2019-129
SPONSORED BY Councilman Graham
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND THE CITY CLERK TO EXECUTE AN AGREEMENT WITH MISSOURI
BUILDERS SERVICE TO REPLACE THE ROOF AT JEFFERSON CITY FIRE
STATION NO. 1.
WHEREAS, Missouri Builders Service has become the City Council's declared best
bidder to replace the roof at Fire Station No. 1 in previous City Council
action with Bill 2019-117 on April 6, 2020.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI AS FOLLOWS:
Section 1. The bid of Missouri Builders Service is declared to be the best bid and
is hereby accepted.
Section 2. The Mayor and City Clerk are hereby authorized and directed to
execute an agreement with Missouri Builders Service for the replacement of the roof of
Fire Station 1.
Section 3. The agreement shall be substantially the same in form and content as
that agreement attached hereto as Exhibit A.
Section 4. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: ,Gfif/ 4 0.02,i)
(eAV/y‘,
Presiding Officer
ATTEST:
Approved:
0
Mayor Carrie Tergin
( 2-o an
APPROVED AS TO FORM:
Ci
CITY OF JEFFERSON
CONTRACT FOR ROOF REPLACEMENT AT FIRE STATION #1
THIS CONTRACT, made and entered into the date last executed by a party as indicated below. by and
between Missouri Builders Service, Inc., hereinafter called "Contractor", and the City of Jefferson,
Missouri, a municipal corporation, hereinafter called "City."
WITNESSETH: That Whereas, Contractor has become the lowest responsible bidder for furnishing the
supervision, labor, tools, equipment, materials and supplies for the following City improvements: roof
replacement at Fire Station #1.
NOW THEREFORE, the parties to this contract agree to the following:
1. Scope of Services.
Contractor agrees to provide all supervision, labor, tools, equipment, materials and supplies for a
roof replacement at Fire Station #1, as set forth in Exhibit A. In the event of a conflict between
this agreement and any attached exhibits, the provisions of this agreement shall govern and
prevail.
2. Payment.
The City hereby agrees to pay Contractor the work done pursuant to this contract according to the
payment schedule set forth in the contract documents upon acceptance of said work by the
Purchasing Agent of the City of Jefferson, and in accordance with the rates and/or amounts stated
in the bid of Contractor dated March 5, 2020, which are by reference made a part hereof. No
partial payment to Contractor shall operate as approval or acceptance of work done or materials
furnished hereunder. The total amount of this contract shall not exceed
One Hundred Five Thousand Six Hundred Three Dollars ($105,603.00).
3. Manner and Time for Completion.
Contractor agrees with the City to furnish all supervision, labor, tools, equipment, materials and
supplies necessary to perform, and to perform said work at Contractor's own expense in
accordance with the contract documents and any applicable City ordinances and state and federal
laws by September 30, 2020.
4. Prevailing Wages.
To the extent that the work performed by Contractor is subject to prevailing wage law, Contractor
shall pay a wage of no less than the "prevailing hourly rate of wages" for work of a similar
character in this locality, as established by Department of Labor and Industrial Relations of the
State of Missouri, and as established by the Federal Employment Standards of the Department of
Labor. Contractor acknowledges that Contractor knows the prevailing hourly rate of wages for
this project because Contractor has obtained the prevailing hourly rate of wages from the contents
of Annual Wage Order No. 26 Section 026 in which the rate of wages is set forth. Contractor
further agrees that Contractor will keep an accurate record showing the names and occupations of
all workers employed in connection with the work to be performed under the terms of this
contract. The record shall show the actual wages paid to the workers in connection with the work
to be performed under the terms of this contract. A copy of the record shall be delivered to the
Purchasing Agent each week. In accordance with Section 290.250, RSMo, Contractor shall
forfeit to the City One Hundred Dollars ($100.00) for each worker employed, for each calendar
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day or portion thereof that the worker is paid less than the stipulated rates for any work done
under this contract, by Contractor or any subcontractor under the Contractor.
5. Insurance.
Contractor shall procure and maintain at its own expense during the life of this contract:
A. Workmen's Compensation Insurance for all of its employees to be engaged in
work under this contract.
B. Contractor's Public Liability Insurance in an amount not less than $3,000,000 for
all claims arising out of a single occurrence and $500,000 for any one person in a
single accident or occurrence, except for those claims governed by the provisions
of the Missouri Workmen's Compensation Law, Chapter 287, RSMo, and
Contractor's Property Damage Insurance in an amount not less than $3,000,000
for all claims arising out of a single accident or occurrence and $500,000 for any
one person in a single accident or occurrence.
C. Automobile Liability Insurance in an amount not less than $3,000,000 for all
claims arising out of a single accident or occurrence and $500,000 for any one
person in a single accident or occurrence.
D. Owner's Protective Liability Insurance. The Contractor shall also obtain at its
own expense and deliver to the City an Owner's Protective Liability Insurance
Policy naming the City and the City as the insured, in an amount not less than
$3,000,000 for all claims arising out of a single accident or occurrence and
$500,000 for any one person in a single accident or occurrence, except for those
claims governed by the provisions of the Missouri Workmen's Compensation
Law, Chapter 287, RSMo. No policy will be accepted which excludes liability
for damage to underground structures or by reason of blasting, explosion or
collapse.
E. Subcontracts - In case any or all of this work is sublet, the Contractor shall
require the Subcontractor to procure and maintain all insurance required in
Subparagraphs A., B., and C. hereof and in like amounts.
F. Scope of Insurance and Special Hazard. The insurance required under Sub-
paragraphs B. and C. hereof shall provide adequate protection for Contractor and
its subcontracts, respectively, against damage claims which may arise from
operations from operations under this contract, whether such operations be by the
insured or by anyone directly or indirectly employed by it, and also against any
special hazards which may be encountered in the performance of this contract.
NOTE: Paragraph F. is construed to require the procurement of Contractor's protective
insurance (or contingent public liability and contingent property damage policies)
by a general contractor whose subcontractor has employees working on the
project, unless the general public liability and property damage policy (or rider
attached thereto) of the general contractor provides adequate protection against
claims arising from operations by anyone directly or indirectly employed by
Contractor.
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6. Contractor's Responsibility for Subcontractors.
It is further agreed that Contractor shall be as fully responsible to the City for the acts and
omissions of its subcontractors, and of persons either directly or indirectly employed by them, as
Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause
appropriate provisions to be inserted in all subcontracts relating to this work, to bind all
subcontractors to Contractor by all the terms herein set forth, insofar as applicable to the work of
subcontractors and to give Contractor the same power regarding termination of any subcontract as
the City may exercise over Contractor under any provisions of this contract. Nothing contained
in this contract shall create any contractual relations between any subcontractor and the City or
between any subcontractors.
7. Liquidated Damages.
The City may deduct Two Hundred Dollars ($200.00) from any amount otherwise due under this
contract for every day Contractor fails or refuses to prosecute the work, or any separable part
thereof, with such diligence as will ensure the completion by the time above specified, or any
extension thereof, or fails to complete the work by such time, as long as the City does not
terminate the right of Contractor to proceed. It is further provided that Contractor shall not be
charged with liquidated damages because of delays in the completion of the work due to
unforeseeable causes beyond Contractor's control and without fault or negligence on Contractor's
part or the part of its agents.
8. Termination.
The City reserves the right to terminate this contract by giving at least five (5) days prior written
notice to Contractor, without prejudice to any other rights or remedies of the City should
Contractor be adjudged a bankrupt, or if Contractor should make a general assignment for the
benefit of its creditors, or if a receiver should be appointed for Contractor or for any of its
property, or if Contractor should persistently or repeatedly refuse or fail to supply enough
properly skilled workmen or proper material, or if Contractor should refuse or fail to make
prompt payment to any person supplying labor or materials for the work under the contract, or
persistently disregard instructions of the City or fail to observe or perform any provisions of the
contract.
9. City's Right to Proceed.
In the event this contract is terminated pursuant to Paragraph 8, then the City may take over the
work and prosecute the same to completion, by contract or otherwise, and Contractor and its
sureties shall be liable to the City for any costs over the amount of this contract thereby
occasioned by the City. In any such case the City may take possession of, and utilize in
completing the work, such materials, appliances and structures as may be on the work site and are
necessary for completion of the work. The foregoing provisions are in addition to, and not in
limitation of, the rights of the City under any other provisions of the contract, city ordinances, and
state and federal laws.
10. Indemnity.
To the fullest extent permitted by law, the Contractor will defend, indemnify, and hold harmless
the City, its elected and appointed officials, employees, and agents from and against any and all
claims, damages, losses, and expenses including attorneys' fees arising out of or resulting from
the performance of the work, provided that any such claim, damage, loss or expense (1) is
attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible
property (other than the work itself) including the loss of use resulting therefrom and (2) is caused
in whole or in part by any negligent act or omission of contractor, any subcontractor, anyone
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directly or indirectly employed by any of them or anyone for whose acts any of them may be
liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such
obligation shall not be construed to negate, abridge, or otherwise reduce any other right or
obligation of indemnity which would otherwise exist as to any party or person described in this
paragraph.
Payment for Labor and Materials.
Contractor agrees and binds itself to pay for all labor done and for all the materials used in the
construction of the work to be completed pursuant to this contract.
12. Supplies.
Contractor is hereby authorized and directed to utilize the City's sales tax exemption in the
purchase of goods and materials for the project as set out in Section 144.062, RSMo 1986 as
amended.
13. Performance and Materialman's Bonds Required.
Contractor shall provide a bond to the City before work is commenced, and no later than ten (10)
days after the execution of this contract, guaranteeing the Contractor's performance of the work
bid for, the payment of amounts due to all suppliers of labor and materials, the payment of
insurance premiums for workers compensation insurance and all other insurance called for under
this contract, and the payment of the prevailing wage rate to all workmen as required by this
contract, said bond to be in a form approved by the City, and to be given by such company or
companies as may be acceptable to the City in its sole and absolute discretion. The amount of the
bond shall be equal to the Contractor's bid.
14. Knowledge of Local Conditions.
Contractor hereby warrants that it has examined the location of the proposed work and the
attached specifications and has fully considered such local conditions in making its bid herein.
15. Severability.
If any section, subsection, sentence, or clause of this contract shall be adjudged illegal, invalid, or
unenforceable, such illegality, invalidity, or unenforceability shall not affect the legality, validity,
or enforceability of the contract as a whole, or of any section, subsection, sentence, clause, or
attachment not so adjudged.
16. Governing Law.
The contract shall be governed by the laws of the State of Missouri. The courts of the State of
Missouri shall have jurisdiction over any dispute which arises under this contract, and each of the
parties shall submit and hereby consents to such courts exercise of jurisdiction. In any successful
action by the City to enforce this contract, the City shall be entitled to recover its attorney's fees
and expenses incurred in such action.
17. Contract Documents.
The contract documents shall consist of the following:
a. This Contract f. Drawing and/or Sketches
b. Addenda
c. Information for Bidders
d. Notice to Bidders
e. Signed Copy of Bid
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This contract and the other documents enumerated in this paragraph, form the contract between
the parties. These documents are as fully a part of the contract as if attached hereto or repeated
herein.
18. Complete Understanding, Merger.
Parties agree that this document, including those documents described in the section entitled
"Contract Documents", represent the full and complete understanding of the parties. This contract
includes only those goods and services specifically set out. This contract supersedes all prior
contracts and understandings between the Contractor and the City.
19. Authorship and Enforcement
Parties agree that the production of this document was the joint effort of both parties and that the
contract should not be construed as having been drafted by either party. In the event that either
party shall seek to enforce the terms of this contract through litigation, the prevailing party in
such action shall be entitled to receive, in addition to any other relief, its reasonable attorney's
fees, expenses and costs.
20. Amendments.
This contract may not be modified, changed or altered by any oral promise or statement by
whosoever made; nor shall any modification of it be binding upon the City until such written
modification shall have been approved in writing by an authorized officer of the City. Contractor
acknowledges that the City may not be responsible for paying for changes or modifications that
were not properly authorized.
21. Waiver of Breach .
Failure to insist upon strict compliance with any of the terms covenants or conditions herein shall
not be deemed a waiver of any such terms, covenants or conditions, nor shall any failure at one or
more times be deemed a waiver or relinquishment at any other time or times by any right under
the terms, covenants or conditions herein.
22. Assignment.
Neither party may sell or assign its rights or responsibilities under the terms of this agreement
without the express consent of the remaining party.
23. Nondiscrimination.
Contractor agrees in the performance of this contract not to discriminate on the ground of race,
creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or
affiliation, against any employee of Contractor or applicant for employment. and shall include a
similar provision in all subcontracts let or awarded hereunder.
24. Illegal Immigration.
Prior to commencement of the work:
a. Contractor shall, by sworn affidavit and provision of documentation, affirm its
enrollment and participation in a federal work authorization program with respect to the
employees working in connection with the contracted services.
b. Contractor shall sign an affidavit affirming that it does not knowingly employ any person
who is an unauthorized alien in connection with the contracted services.
c. If Contractor is a sole proprietorship, partnership, or limited partnership, Contractor shall
provide proof of citizenship or lawful presence of the owner prior to issuance of the
Notice to Proceed.
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25. Construction Safety Program Requirements.
Contractor shall require all on-site employees to complete the ten-hour safety training program
required pursuant to Section 292.675 RSMo, if they have not previously completed the program
and have documentation of having done so. All employees working on the project are required to
complete the program within sixty (60) days of beginning work on the Project.
Any employee found on the worksite subject to this section without documentation of the
successful completion of the course required under subsection (a) shall be afforded twenty (20)
days to produce such documentation before being subject to removal from the project.
Pursuant to Section 292.675 RSMo , Contractor shall forfeit as a penalty to City two thousand
five hundred dollars ($2,500.00) plus one hundred dollars ($100.00) for each employee employed
by Contractor or subcontractor, for each calendar day, or portion thereof, such employee is
employed without the required training. The penalty shall not begin to accrue until the time
periods in subsections (a.) and (b.) have elapsed. City shall withhold and retain from the amount
due Contractor under this Contract. all sums and amounts due and owing City as a result of any
violation of this section.
26 Notices.
All notices required to be in writing may be given by first class mail addressed to Cin of
Jefferson Fire Department, 305 E. Miller, Jefferson City, Missouri, 65101, and Missouri Builders
Service, Inc., 3807 Route CC, Jefferson City, MO 65109. The date of delivery of any notice shall
be the second full day after the day of its mailing.
CITY ()F JEFFERSON, MISSOURI MISSOURI BUILDERS SERVICE, INC.
Carrie Tergin, Mayor
/a
Title: Tom NI. Caspari, President
Date: 5 - 5 -go ao Date: 04/21/2020
ATTEST: ATTEST:
0 • 1-dotttf
Title: Naomi Klouzek, Corpor e Secretary
City Clerk
APPROVED AS TO FORM:
Ci 'ounselor
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EXHIBIT A
CITY OF JEFFERSON
JEFFERSON CITY, MISSOURI
OFFICE OF THE PURCHASING AGENT
REQUEST FOR PROPOSAL
Bid No. 3104
Subject: Roof Replacement, Fire Station 1
Buyer: Leigh Ann Corrigan
Purchasing Agent
(573) 634-6325
Icorrigan(a,cityofjeffmo.org
Closing Date: Bids must be received at the address below no later than 1:30 p.m. on March 5,
2020 at the following address with the bid number and subject indicated on the
envelope:
City of Jefferson
320 E McCarty Street
Jefferson City, MO 65101
Prebid: Prebid meeting is scheduled at 9:00 a.m. on February 24 at 621 W High St.,
Jefferson City, MO.
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INDEX
Section 1 General Conditions 3
Section 11 Bidding and Contract Requirements 8
Section III Supplemental General Conditions 11
Section IV Existing Conditions 13
Section V Contract 14
Section VI Certificates of Insurance 14
Section VII Prevailing Wage 14
Section VIII Addenda & Modifications 15
Section IX Summary of Work 15
Section X Construction Facilities & Utilities 16
Section XI Hoist Equipment 16
Section XII Contract Closeout 17
Section XIII Specifications 18
Section XIV Attachments 20
Attachment A — Sample Contract
Attachment B — Prevailing Wage - Cole County
Attachment C — Drawing
Section XV Bid Packet 32
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SECTION I
GENERAL CONDITIONS
1.01 Project Owner/Title
A. Project Owner: City Of Jefferson, herein referred to as City
Project Title: Roof Replacement, Fire Station 1, 621 West High Street
1.02 Scope of Work
A. Work to be completed under this contract includes the fumishing of all technical
personnel, labor, materials and equipment required to perform the work included in the
project entitled"Roof Replacement, Fire Station 1" in accordance with the plans and
specifications herein.
B. The proposed work for this project will include the famishing of all material, labor, and
equipment to remove the current roof, properly dispose of materials and replace the roof as
specified herein.
1.03 inspection of Plans, Specifications, and Site of Work
A. It is the sole responsibility of the bidder to view the location and conditions in which the
work will be completed. It is the responsibility of the successful bidder to make their own
measurements and determine a materials list and become fully informed of the extent and
character of the work required.
B. No consideration will be granted for any misunderstanding of the materials to be furnished
or the work to be done it being understood that the submission of a proposal is an
agreement to all conditions referred to in the contract documents including those indicated
on the drawings and specifications.
1.04 Interpretation of Contract Documents
A. If the bidder has any questions which arise conceming the true meaning or intent of the
Plans, Specifications or any part thereof, which affect the cost, quality, quantity, or
character of the project, he shall request in writing, at least five (5) days prior to the date
fixed for the bid opening, that an interpretation be made and an addendum be issued by
the City, which shall then be delivered to all bidders to whom Plans and Specifications
have been issued. All addenda issued shall become part of the contract documents.
Failure to have requested an addendum covering any questions affecting the interpretation
of the Plans and Specifications shall not relieve the Contractor from delivering the
completed project in accordance with the intent of the Plans and Specifications to provide
a workable project.
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1.05 Qualifications of Bidders
A The City may make such investigations as deemed necessary to determine the ability of the
bidder to perform the work and the bidder shall furnish to the City all such information
and data for this purpose as the City may request. The City reserves the right to reject any
bid if the evidence submitted by the bidder or investigation of such bidder fails to satisfy
the City that such bidder is properly qualified to carry out the obligations of the Contract
and to complete the work contemplated therein.
1.06 Equivalent Material
A. Wherever definite reference is made in these Specifications to the use of any particular
material or equipment, it is to be understood that any equivalent material or equipment
may be used which will perform adequately the duties imposed by the general design,
subject to the approval of the City.
1.07 Bid Security
A. Each bid must be accompanied by a certified check or bid bond made payable to the City
of Jefferson for five percent (5%) of the amount of the bid. Bid securities will be returned
after award of the contract except to the successful bidder.
Should the successful bidder fail or refuse to execute the bond and the contract required
within seven (7) days after he has received notice of acceptance of his bid, he shall forfeit
to the City as liquidated damages for such failure or refusal, the security deposited with his
bid.
1.08 Preparation of Bids
A. Bids must be made upon the prescribed forms included in Section XV — Bid Packet in this
document. Only sealed bids will be considered, all bids otherwise submitted will be
rejected as irregular.
B. All blank spaces in the bid must be filled in and no change shall be made in the
phraseology of the bid, or addition to the items mentioned therein. Any conditions,
limitations or provisions attached to bids will render them informal and may be considered
cause for their rejection.
C. Extensions of quantities and unit prices shall be carried out to the penny.
D. The price submitted for each item of the work shall include all costs of whatever nature
involved in its construction, complete in place, as described in the Plans and
Specifications.
E. Section 144.062 RSMo provides that the City's sales tax exemption may be used for the
purchase of goods and materials for this project. The contract for the project will
authorize and direct the Contractor to utilize the City's sales tax exemption in the purchase
of goods and materials for the project. This provision shall apply to only those purchases
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totaling over $500 from an individual supplier.
All sales taxes on those items which do not qualify for the use of the City's sales tax
exemption and for which sales tax might lawfully be assessed against the City are to be
paid by the Contractor from the monies obtained in satisfaction of the Contract. It being
understood by the bidder, which the bid prices submitted for those items shall include the
cost of such taxes.
F. Bidder shall provide detailed specification of all materials proposed. The awarded bidder
shall provide samples along with color samples to the City prior to ordering.
1.09 Approximate Quantities
A. In cases where any part or all of the bidding is to be received on a unit price basis, the
quantities stated in the bid will not be used in establishing final payment due the
successful Contractor. The quantities stated on which unit prices are so invited are
approximate only and each bidder shall make his own estimate from the plans of the
quantities required on each item and calculate his unit price bid for each item accordingly.
Bids will be compared on the basis of number of units stated in the bid. Such estimated
quantities, while made from the best information available, are approximate only.
Payment of the Contract will be based on actual number of units installed on the complete
work.
1.10 Lump Sum Items
A. Payment for each lump sum item shall be at the lump sum bid for the item, complete in
place, and shall include the costs of all labor, materials, tools and equipment to construct
the item as described herein and to the limits shown on the Plans.
1.11 Submission of Bids
A. The Bid Response and the Bid Security guaranteeing the same shall be placed in a sealed
envelope and marked "Bid No. 3104 — Roof Replacement, Fire Station 1". Bids must
be received at the address indicated on the front of this bid packet no later than 1:30 p.m.
on March 5, 2020.
1.12 Evaluation and Award
Bids will be evaluated and awarded to the lowest and best bid meeting the needs of the City. Bids
will be evaluated based on the following criteria:
Cost 60 points
Experience and Staff Qualifications 20 points
Completion Date 5 points
Materials and Method 15 points
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1.13 Alternate Bids
A. In making the award, if altemate bids have been requested, the alternate bid which will be
in the best interest of the City will be used.
1.14 Withdrawal of Bids
A. If a bidder wishes to withdraw their bid, they may do so before the time fixed for the
opening, without prejudice. No bidder may withdraw their bid for a period of ninety (90)
days after the scheduled closing time for the receipt of bids.
No bids received after the time set for opening for bids will be considered.
1.15 Right to Reject Bids
A. The City reserves the right to reject any or all bids, to waive any informality in the bids
received, or to accept the bid or bids that in its judgement will be in the best interests of
the City.
1.16 Award of Contract
A. If, within seven (7) days after he has received notice of acceptance of his bid, the
successful bidder or bidders shall refuse or neglect to come to the Office of the Purchasing
Agent execute the Contract and to furnish the required Performance and Payment Bonds
and Insurance, properly signed by the Contractor and the Surety and Sureties satisfactory
to the City as hereinafter provided, the bidder or bidders shall be deemed to be in default
and shall forfeit the deposit.
B. Notice to Proceed
A written notice to begin work will be given to the Contractor by the City within ten (10)
days after the Contract is approved. The time for completion of the project will begin to
run on the date established in this notice.
1.17 Performance and Payment Bond
A. A Performance and Payment Bond in an amount equivalent to one hundred percent
(100%) of the Contract price must be furnished and executed by the successful bidder or
bidders. A form for the bidders use is contained in these Contract Documents.
The issuing Surety shall be a corporate Surety Company or companies of recognized
standing Licensed to do business in the State of Missouri and acceptable to the City of
Jefferson.
1.18 Indemnification and Insurance
A. The Bidder agrees to indemnify and hold harmless the City from all claims and suits for
loss of or damage to property, including loss of all judgments recovered therefore, and
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from all expense in defending said claims, or suits, including court costs, attorney fees and
other expense caused by any act or omission of the Contractor and/or his subcontractors,
their respective agents, servants or employees.
The Bidder shall be required to provide the City with a Certificate of Insurance outlining
the coverage provided.
1.19 Bid Security Returned to Successful Bidder
A. Upon the execution of the Contract and approval of Bond, the Bid Security will be
returned to the bidder unless the same shall have been presented for collection prior to
such time, in which case the amount of the deposit will be refunded by the City.
1.20 Nondiscrimination in Employment
A. Contracts for work under this bid will obligate the Contractor and subcontractors not to
discriminate in employment practices.
1.21 Contract Period
A. The work under this request shall be completed within thirty days of work start. The
project shall be completed as soon as possible, but must be completed no later than
September 30, 2020.
1.22 Liquidated Damages
A. Liquidated damages shall be assessed at the rate of Two Hundred Dollars ($200.00) per
calendar day until the work is complete, should the project not be completed within the
contract time.
1.23 Power of Attorney
A. Attomeys-in-fact who sign bid bonds or contract bonds must file with each bond a
certified and effectively dated copy of their power of attorney.
1.24 Question Period
A. All questions concerning the project must be submitted five days prior to the bid opening.
Answers to the submitted questions, minutes from the Pre -Bid Meeting, and other relevant
information or corrections will then be issued as an addendum to this agreement.
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SECTION II
BIDDING AND CONTRACT REQUIREMENTS
2.01 Acceptance of Bid
A. The City reserves the right to waive any irregularities and to accept or reject any or all
bids.
B. In case of ambiguity in stating the price of the bid, the right is reserved to consider the
most advantageous construction thereof or to reject any bids. The owner also reserves the
right to accept the low bid based on base bid tabulation or if alternates are involved, based
on the most advantageous possible combination of base bid plus alternatives desired.
2.02 Schedule
A. The contractor will note that time is of the essence. The contractor shall work closely with
the City in coordinating and performing the work under this proposed contract. Work
shall be completed as soon as possible to prevent damage to interior areas of the building.
Work shall be completed within thirty days of Notice to Proceed and no later than
September 30, 2020.
2.03 Pre Bid Meeting
A. All interested contractors will meet at Jefferson City Fire Department Station 1, 621 West
High Street, Jefferson City, Missouri at 9:00 a.m. on February 24, 2020. Bidders are
strongly urged to attend this meeting. Staging areas will be established at the pre-bid
meeting and all details will be discussed. An addendum will be issued after the meeting
on the agreed upon discussion. Abandoned equipment will be identified to be removed
within the scope of this of this contract.
B. Bidders shall carefully examine the documents and the construction sites to obtain first-
hand knowledge of the existing conditions. Contractors will not be given extra payments
for conditions which can be determined by examining the site and documents. Any
measurements listed are approximate and must be verified by field examination.
2.04 Substitutions
A. To obtain approval to use unspecified products, bidders shall submit written request with
their bid response. Requests shall clearly describe product for which approval is asked,
including all data necessary to demonstrate acceptability. It shall be the sole decision of
the City in determining if a product is equal to the established specification.
2.05 Preparation of Bids
A. Bids shall be made on unaltered bid forms furnished by the City. Bidder shall fill in all
blank spaces and shall submit two (2) copies. Bids shall be signed with legal name of
corporation, followed by name of the state of incorporation and the legal signature of an
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officer authorized to bind the corporation into a contract.
B. Bid security in the amount of five percent (5%) of the total amount of the bid shall
accompany the bidder's response. Bid security shall be made payable to the City of
Jefferson and will be deposited by the City. Bid security will be returned to bidders after
award of the contact. Should the successful bidder fail or refuse to execute the
performance bond and the contract required within seven (7) days after he has received
notice of acceptance of his bid, he shall forfeit to the city as liquidated damages, the
security deposited with his bid.
C. Bidder shall detail the materials they are proposing and provide literature and other
documentation.
2.06 Performance and Materialman's Bonds
A. The successful contractor shall provide a bond to the City before work is commenced, and
no later than ten (10) working days after the execution of this contract, guaranteeing the
Contractor's performance of the work bid for, the payment of amounts due to all suppliers
of labor and materials, the payment of insurance premiums for workers compensation
insurance and all other insurance called for under this contract, and the payment of the
prevailing wage rate to all workmen if required by this contract, said bond to be in a form
approved by the City, and to be given by such company or companies as may be
acceptable to the City in its sole and absolute discretion. The amount of the bond shall be
equal to the Contractor's bid.
2.07 Insurance
A. The contractor shall obtain and maintain throughout the term of the contract all insurance
as specified in the sample contract, Attachment A.
2.08 Subcontractor Listing
A. The general contractor shall submit the names of all principal subcontractors, if any, with
the bid. Subcontractors shall be pre -approved by the City before commencement of any
work on the project. Certificates of Insurance shall be submitted in compliance with the
sample contract for any subcontractors who have been approved by the City for work on
this project.
2.09 Submission of Bid
A. Bid shall be submitted sealed in an envelope. The envelope shall be identified with the
name and address of the bidder. Envelopes shall note on the front lower left corner, the
bid number and title of the bid, "Bid 3104 — Roof Replacement, Fire Station 1". Bids
shall be submitted in accordance with the Invitation to Bid. Bids not submitted in this
fashion will be rejected.
9
2.10 Disqualifications
A. The City reserves the right to disqualify bids, before or after opening, upon evidence of
collusion with intent to defraud or other illegal practice upon the part of the bidder.
2.11 Bidder Qualification Statement
A. Bidders are to submit on the Contractor's Qualifications/References form in the Bid
Packet (Section XV), information demonstrating successful completion of commercial
roofing jobs similar to this project.
2.12 Laws and Regulations
A. Bidder's attention is directed to the fact that all applicable state laws, municipal
ordinances, rules and regulations of all authorities having jurisdiction over construction of
the project shall apply to the contract throughout.
B. Except as otherwise provided in the contract documents, the bid price will include all
applicable federal, state, and local taxes. Missouri Project Exemption Certificate and the
City's Missouri Tax Exemption letter will be furnished to the successful contractor.
Missouri sales tax should not be included in the bid.
2.13 Award
A. The contract will be awarded on a basis of lowest bid and best bid meeting the
specifications and qualifications including full consideration of unit prices and alternates.
B. The bidder is advised that under the provisions of City Code, Section 26A-40, the City
reserves the right to conduct negotiations of the proposals received or to award a contract
with negotiations.
2.14 Execution of Contract
A. The contract for this work shall be awarded on the basis of the lowest bid meeting the
specifications and qualifications provided, however, that any or all bids may be rejected or
accepted , or in the case of an ambiguity stating the price in the bid, the contracting party
may consider the most advantageous construction thereof or reject any bid. Also, a low
bid may be accepted based on the base bid tabulation or if alternates are involved, based
on the most advantageous possible combination of base bid plus alternates desired.
1. It is intended to award the contract for this work to the lowest responsible bidder
whose construction skill and financial resources are fully equal to the task of
prosecuting the work in a rapid and satisfactory manner and successfully
completing it within a time limit set.
2. In determining the lowest responsible bidder, the following elements will be
considered:
Whether bidder (a) maintains a permanent place of business, (b) has adequate
10
plant equipment to do the work properly and expeditiously, ( c) has suitable
financial status to meet the obligations of the work, (d) has appropriate technical
expertise, (e) all bidders should be prepared to furnish promptly, complete
information with regard to the information stated above.
3. Notwithstanding any delay in the preparation and execution of the formal contract
agreement each bidder shall be prepared upon written notice of bid acceptance, to
commence work within ten (10) days following receipt of an official written order
to proceed on the date stipulated on such order.
4. The accepted bidder shall assist in preparing the formal contract agreement and
within five (5) days following its presentation, shall execute the same and return it
to the contracting parties.
SECTION In
SUPPLEMENTAL GENERAL CONDITIONS
3.01 General
This section is intended to clarify and supplement the General Conditions of the contract and
specific duties set forth herein and are not meant to constitute an exclusive list of requirements but
are intended to complement requirements of the General Conditions of the contract.
Work under this contract shall include furnishing of all materials, labor, equipment, tools,
protection and incidental items necessary to complete in an acceptable manner and ready for use
each portion of the work described in the Contract Documents.
3.02 Alternate Material
These contract documents may contain items of material for which a certain manufacturer or type
is specifically designated. Contractor's bid shall be based on furnishing only that specified type or
manufacturer for that item of material. Consideration will be given to the manufacturer's material
items only if included in the contractor's original bid as an alternate to the specification together
with the corresponding increase or decrease in the contractor's base price.
The City of Jefferson reserves the right to accept or reject any such alternate items or material
which may be offered. Approval or rejection of such items of material will be given within a
reasonable period of time after award of the contract and submittal of necessary details.
3.03 Substitutions
To obtain approval to use unspecified products, bidders shall submit written requests along with
the bid response. Requests shall clearly describe product for which approval is asked, including
all data necessary to demonstrate acceptability.
11
3.04 Standards
The quality of workmanship, clearance, protection of workers, etc., shall be governed by
applicable laws, ordinance and regulations of authorities having jurisdiction as well as applicable
sections of standards as set up by the following organizations:
• American Institute of Steel Construction (AISC)
• American National Standards Institute (ANSI)
• American Society of Heating Refrigeration & Air Conditioning Engineers (ASHRE)
• American Society of Mechanical Engineers (ASME)
• American Society for Testing and Materials (ASTM)
• Institute of Electrical & Electronic Engineers (IEEE)
• National Electrical Safety Code (NEC)
• National Electrical Manufacturer's Assoc. (NEMA)
• National Electrical Safety Code (NESC)
• National Fire Protection Association (NFPA)
• Occupational Safety and Health Administration (OSHA)
3.05 Permits
The contractor shall be responsible for obtaining all permits, including any necessary for moving
equipment over the City or County streets or State highways.
The contractor shall comply with all laws, ordinances, rules and regulations of governmental
authorities affecting the conduct of the proposed work. Before the completion of the contract, the
contractor shall furnish to the City any and all certificates of approval resulting from required
inspections.
3.06 Labor Conditions
Contractor shall comply with and shall cooperate with the City in enforcing jobsite conditions
which directly affect the performance of work including but not limited to starting and quitting
time, smoking regulations, check-in and check-out procedures, job safety regulations and daily
cleanup.
3.07 Superintendent
The contractor shall keep on the work at all times during its progress, a competent superintendent
and any necessary assistants.
The contractor shall employ craft foremen who have passed a qualified foreman's training program
when such training is offered by the foreman's respective craft. Contractor shall provide
certificates of completion of said training to the construction supervisor before the foreman starts
on the job.
3.08 Performance Requirements
The work shall be performed by contractor at the times stated and in accordance with the
provisions of these contract documents.
12
The contractor shall ensure all work is performed by installers and supervisors who are trained and
approved by the manufacturer.
All overtime worked at the discretion of the contractor must be approved in writing by the City
and all costs will accrue to contractor's account. The City reserves the right to require contractor
to perform overtime work at City's written direction.
3.09 Work Limitations
Care must be exercised at all times to maintain safe clearance and safe working practices, both for
equipment and personnel, in order to avoid injury or service interruption. All job personnel must
be made thoroughly acquainted with hazards involved. It shall be the contractor's responsibility,
working with the construction supervisor, to make this condition clear to all contractors'
personnel.
3.10 Delivery and Storage
The contractor shall provide suitable facilities and shall store all materials supplied by him.
Storage of the material and equipment on the jobsite area shall be as designated by the
construction supervisor and so located that it will not interfere with the city's personnel or
operation.
Any materials received will be unloaded and stored by the contractor. The contractor shall be
responsible for inspecting and hauling all materials from point of storage to the job site unless
otherwise stated in specifications.
It shall be the contractor's responsibility to perform inventory and ascertain that all materials are
on hand as required. He shall notify the City's construction supervisor at once of any material
shortages or damage to allow replacement without delaying the progress of the work. After
acceptance of equipment or material, contractor will be responsible for loss or damage.
SECTION IV
EXISTING CONDITIONS
4.01 Existing Conditions
It is the sole responsibility of the bidder to determine the existing conditions for this project
location.
A. The contractor shall note that the building will be occupied and in use at all times during
this work. Normal Fire Department operations, including emergency response, will
continue on a twenty-four hour, seven day per week basis. No materials, equipment, or
personnel shall block the bay doors at any time during this work. THE CONTRACTOR
SHALL TAKE ALL PRECAUTIONS NECESSARY TO PROTECT OCCUPANTS
AND PEDESTRIANS AT ALL TIMES.
13
SECTION V
CONTRACT
5.01 Contract Form
A. Upon acceptance of bid, the contractor shall enter into a contract for this work as outlined
by the City. See Attachment A, SAMPLE CONTRACT.
SECTION VI
CERTIFICATES OF INSURANCE
6.01 Contractor's Insurance
A. The Contractor agrees to obtain and maintain through the term of the contract, all
insurance as specified in the sample contract.
SECTION VII
PREVAILING WAGE
7.01 Prevailing Wage Law
A. Prevailing Wage Law applies should the project costs of a location exceed $75,000.
B Should the bid for the project specified herein exceed $75,000.00, the principal contractor
and all subcontractors shall pay not less than the prevailing wage hourly rate for each craft
or type of workman required to execute this contract as determined by the Department of
Labor and Industrial Relations of Missouri, pursuant to Sections 290.210 through 290.340
inclusive of the Revised Statutes of Missouri, 1994 as amended. Should this bid exceed
$75,000.00 Annual Wage Order 25 for Cole County may be located at:
https://laborwebapps.mo.gov/DLS/PrevailingWage/AWO/25 W0026.adf
C. Should the bid for the project specified herein exceed $75,000.00, all labor utilized in the
completion of this project shall be paid a wage of no less than the prevailing hourly rate of
wage for work of a similar character in this locality as established by the Department of
Labor and Industrial Relations of the State of Missouri, as established by the Federal
employment Standards of the Department of Labor. Contractor acknowledges that
contractor knows the prevailing hourly rate of wages from the contents of the Wage
Determination (Attachment B) in which the rate of wages is set forth. Contractor further
agrees that he will keep an accurate record showing the names and occupations of all
workmen employed in connection with the work to be performed under the terms of this
contract. A copy of the record shall be delivered to the City each week. In accordance
with Section 290.250 RSMo, Contractor shall forfeit to the City, Ten Dollars ($10.00) for
each workman employed, for each calendar day or portion thereof that the workman is
paid less than the stipulated rates for any work done under this contract, by contractor or
any subcontractor under contractor.
14
SECTION VIII
ADDENDA AND MODIFICATION
8.01 Changes to Bid Documents
A. Changes to contract documents prior to bidding will be by addendum issued by the City.
Prospective bidder shall acknowledge receipt of all addenda on bid forms.
SECTION IX
SUMMARY OF WORK
9.01 Scope
A. Type of Contract - Lump Sum
B. Description - Work included in the contract for this project consists of furnishing all labor,
materials, services, equipment, and appliances required in conjunction with or properly
incidental to the work, as shown and described in specifications entitled Roof
Replacement, Fire Station #1, 621 W. High Street, Jefferson City, Missouri. All work
shall be performed in conformance with plans and specifications, addenda thereto, and any
change orders that may be issued.
C. Contractor's Duties
1. Except as specifically noted, provide and pay for (a) labor, materials and
equipment, (b) tools, construction equipment, and machinery, ( c) water, heat and
utilities required for construction, (d) other facilities and services necessary for
proper execution and completion of work.
2. Secure and pay, as necessary, for the proper execution and completion of work, at
time or receipt of bids, (a) permits, (b) government fees, (c) licenses.
3. Give required notices.
4. Comply with codes, ordinance, rules/regulations, orders and other legal
requirements of public authorities which bear upon performance of work.
5. Enforce strict discipline and good order among employees. Do not employ (a)
unfit person, (b) persons not skilled in assigned task.
9.02 Contracts
A. Construct work under single lump sum contract.
9.03 Work by Subcontractors
A. Not applicable
15
9.04 Owner Furnished Products
A. None
9.05 Contractor Use of Premises
A. Contractor will note that buildings will be occupied and in use during construction
operations. Contractor will work closely with contracting party and their staff during the
construction work.
B. Any damage to existing property shall be repaired prior to final acceptance.
SECTION X
CONSTRUCTION FACILITIES AND UTILITIES
10.01 Latrines
A. Contractor shall provide latrines for use of his employees unless provisions are made with
the City prior to starting work.
10.02 Security
A. Access to the roof surfaces will be limited to designated representative of City, workmen
and representatives of contractor, and representatives of material manufacturer providing
bond. Any individuals requesting permission to visit project site other than those
mentioned shall request permission from the Fire Department.
10.03 Pedestrians
A. Contractor will note that facilities will be occupied during construction. All trucks and
vehicles shall be parked and loaded in identified areas agreed upon during preconstruction
conference. Contractor will take special note that pedestrians are present and emergency
vehicles will be operating at this location and will caution all workmen to use the utmost
care during construction.
SECTION XI
HOIST EQUIPMENT
11.01 Hoist Equipment
A. Roof top hoisting equipment shall be properly assembled and maintained. Only
employees of the contractor that are thoroughly familiar with hoisting equipment shall
operate such equipment. All such equipment shall be erected and supported so that it will
not damage the existing deck or new roofing.
B. In the event the contractor uses a crane, the contractor shall submit Certificates of
I6
Insurance as required from the crane company prior to the erection of any cranes. The
contractor shall also submit a brief history of the crane company, outlining the type of
equipment and history this company has had in working on similar projects. The City has
the option to reject the use of any crane company that does not appear to be adequately
staffed or equipped to work on this project.
SECTION XII
CONTRACT CLOSEOUT
12.01 Warranties and Bonds
A. Contractor's Guarantee - Upon completion of project, submit to the Office of the
Purchasing Agent, a guarantee on the roofing contractor's business letterhead. The
guarantee shall contain the following:
(Contractor's letterhead)
Re: Roof Replacement, Location
The roof work which has just been completed is guaranteed for a period of twenty (20) years from the date
of completion and final acceptance. The contractor will also agree, in writing, to make an inspection, with
Owner's representative, no later than three (3) months prior to the expiration of this guarantee. All
deficiencies noted at this inspection, or any other time during the guarantee period, will be repaired by the
contractor at no cost to the Owner. The warranties to be assignable without charge if the intended use of
the building remains similar and consistent with its usage at the commencement of the warranty. The
contractor warrant that all work performed under this contract conforms to the contract requirements and is
free from any defective material or workmanship performed by the contractor. Under this warranty, the
contractor shall remedy, at his own expense, any such failure. Failure shall be defined as water leakage at
any point within the building through the roofing system, its associated flashings, and sheet metal work.
Failure shall also be defined as blistering, splitting, bitumen drippage, buckles or wrinkles, or slippage of
the new roof membrane. The contractor will be required to make temporary repairs within forty-eight (48)
hours of notice of roof failure. Upon completion of temporary repairs, the Contractor will repair the area
of the roof affected by the failure to the original condition within a period of seven (7) days.
By:
Officer in Corporation
Corporate Seal
Notarized
12.02 Cleaning
A. The contractor shall thoroughly clean the contractor's access areas of all trash, debris,
dust, dirt, etc., upon completion of the contract. The contractor shall clean any stains on
perimeter walls resulting from the contractor's work. Perimeter walls shall be cleaned to
the satisfaction of the City. Replace any damaged landscaped areas surrounding the
perimeter of the project to the complete satisfaction of the City.
17
B. To insure maximum safety, sanitation, and a reasonable neat appearance at all times, clean
up of all materials and debris, if any, left over from the existing roof removal and the new
roof construction at the close of each day, haul away material and debris from the site and
dispose of, at contractor's expense, at an approved dump site.
SECTION XIII
SPECIFICATIONS
Part I - General
13.01 Product Delivery, Storage and Handling
A. Contractor shall store materials in accordance with material manufacturer's
recommendations.
B. All water sensitive products shall be protected from the elements at all times.
C. Material shall be labeled for ready identification. Labels shall include name of
manufacturer and name and number of the product.
D. The contractor shall store only the material on the roof surface that can be used in one (1)
day.
E. The material stored on the roof surface shall be scattered over the roof deck to avoid
damage to the structural roof system. Concentrated loads of high magnitude will not be
permitted on the roof.
F. The contractor shall use extreme care in transporting materials across the roof surface.
The contractor may have to make temporary repairs to damaged areas of the existing roof
where workmen have damaged areas of the existing roof transporting materials.
G. The contractor shall furnish all required storage enclosures and safeguards.
13.02 Environmental Requirements
A. Minimum Ambient Temperature for Application - Contractor shall not install any
roofing material at temperatures below manufacturer's recommendation. It will
be the contractor's responsibility to determine when weather conditions are
acceptable for application of roofing products.
13. Contractor shall keep the building interior protected at all times from the
elements.
Part II - Specifications/Scope of Work
13.03 Roof Replacement, Fire Station #1, 621 W. High Street
BASE BID
18
A. Remove the existing roof and insulation down to the existing vapor barrier on the
metal decking. Mathematically fasten (fastening rate to meet the manufacturer's
requirements for wind speed and greater than 10% wall opening) isocyanate roof
insulation (ASTM C1289, Type II Class 1, 20 PSI) and set high density cover
board (ASTM C518), equal to Firestone's 1/2" IsoGard and tapered crickets as
shown on roof plan to provide positive drainage. All demolition materials shall be
properly disposed of in an approved landfill.
B. Roof insulation on the Engine Bay area shall be (1) layer 3 '/:" R value of 20.5.
C. Roof insulation on the Living Quarters shall be (2) layers 2.5" R -value of 28.8.
D. Fully adhere 60 mil EPDM equal to Firestone's 60 mil EPDM. Equal
manufacturers are Carlisle or Versico. Other manufacturers shall be submitted
with the bid for review during the bid evaluation period.
E. Existing wall flashing shall be replaced with new membrane.
F. Install product equal to Firestone's AnchorGard Platinum with 5 '/z: face
(contractor to field verify size), 24 ga metal fascia cover, color to be selected by
owner from manufacturer's standard color chart.
G. Rework existing louver on south side of engine bay to remain water tight.
H. Replace broken and missing roof drain parts. Replace existing plastic drain cover
with new cast aluminum or cast-iron drain cover.
1. Roof top units shall be raised to meet manufacturer's requirements, at the expense
of the general contractor.
J. The Owner shall receive the manufacturer's 20 -year system warranty covering
both labor and material for the length of the warranty covering wind speeds up to
72 miles per hour.
ALTERNATE 1
A. List additional cost for manufacturer's standard 20 -year system warranty covering
both labor and material for the length of the warranty covering wind speeds up to
100 MPH in lieu of the 72 MPH warranty.
ALTERNATE 2
A. List additional cost to remove, properly dispose of, and replace the exhaust vent
over the kitchen with a new unit that meets or exceeds current size, capacity and
specifications of the current unit. Unit must be compliant with IBC/IFC
regulations.
Part III - Completion Time
13.04 All contractors must submit on the bid sheet, the completion time after signing the
contract stated in the total number of days. This work shall be completed as quickly as
possible, but not later than September 30, 2020.
19
Part 1V - Qualifications
13.05 All contractors shall submit their qualifications for this project.
SECTION XIV
ATTACHMENTS
ATTACHMENT A — Sample Contract
ATTACHMENT B — Prevailing Wage — Cole County
ATTACHMENT C — Drawing
20
Attachment B
Prevailing Wage Cole County
Missouri
Division of Labor Standards
WAGE AND HOUR SECTION
MICHAEL L PARSON. Governor
Annual Wage Order No, 26
Section 028
COLE COUNTY
In accordance with Section 290202 RSMo 2000. within thirty (30) days afar a certified copy of
this Annual Wage Order has been Med arith the Seaefary of State as indicated below. any person
who may be affected by this Annual Wage Order may object by fi;;tog an objection in triplicate
with the Labor and Industrial Relations Commission. P.O. Box 599, Jefferson City. MO 85102-
0599. Such objections must set forth in vatting the specific grounds of objeceen. Each a1jectian
shall certify that a copy has been furnished to the Division of Labor Standards. P.O. Box 449.
Jefferson Cily. MO 05102-0440 pursuant to 8 CSR 20.5.910(1). A certified copy of the Annual
Wage Order has been tiled with the Secretary of State of Missouri.
Original Sided by
Tay4or Burks. Director
Division cf Labor Standards
Filed With Secretary of State: March 8.2019
Last Date Objections May Be Fled: Arils 2019
Prep> d ny rmaaourl Deparbnant or bloat and macabre! Retffifons
_______")
_........)
27
13rRanaCakestrdlorr Rates far
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O0CFFAT1ON LTUItE
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Tura® Maas
Tib Elea=
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Palmar
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Refer
546.97
Sheet Mete Water
567.34
iR411sr FIST
$10.56
Tore Orfver
S24.21T
Ttu t Carnal Smite Dever
Group I
Grasp It
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Groep IP
'Tho Qfhsion m Later Stenches meatend *nem 1.060 rrponstra ham as =Oka by RBMo 2P2.251,404
PuetcwmIs a resets p Paktum % I to smelfshed Cor 6e3► owpmeral tW wFrg ate prowdad tri 6llrabn
Erratic Ramie* and tnbmeicfen [situ, tr emordxcs sett nes 20O2St2
'Vans.? rv.nsecaMoo
NORVAL WMA OMER NO. 26 scala
28
Meas? COrbr:tlon Rates for
COLE County
OCCUPATIONAL TrTLE
" Date of
Ernxease
Baste
Floury
Rates
Carpenter
56237
MIIt rrl=
PIM tier
ElecWWClan (Outside Lineman)
4242O
Lineman Operator
Lineman -Tree Trtn per
Groiourman
Grow Wnan - Tree TiBnnier
Laborer
513.08
General Labar6r
Sined LLAOrer
gperaArib Engineer
555.67
Group I
Group 11
Group ru
Croup Iv
Truck Mar
512.541
Milt Control s+encce Omer
Group I
Group It
GaOtrp la
Group IV
Sen 026
Use Hears Condrindimr Rates on F6gl4suy and Heavy tonWUGlion m accordance will are ctasalnrata ns or
consaralan croft estabOshed tri 6 CUR 333D30131.
Use B1dr1sag CansbtK6on Rales on Bilking construction Si accordance on ate classtfkatinna rd coastteCaon
wort ear:Mashed in 8 CSR 38-3.60012).
Ira worker Is perMcrae wort an a item COnst4cton pei ed witch an occonational Meerut is not Med mi trre
Hem Conatructwr Rate Stied, use an rate Stu ttut accupat6Onal Ube as shown on the Baking
Coratructon Rate Sheet.
•Tre OhI5 on at tabor 31cn<dards secured less than 1.688 rraarlaate noun as =OM by Raw 2s02.57.4a7).
Point works mntaetlny minimum lavage is esamisaea far 1514 onarnatimtal tale using 6>an prodded ay tas00un
Eenaramk Resean7t and War stlan Center. h accordance atth RBMu :302572.
" Anls r trvedenial increase
ANNUAL WAGE ORDER NO. 26 3,54
29
OVERTIME
and
HOLIDAYS
OVERTIME
For all work performed on a Sunday or a hodFday. not less than twice (2x) the prevailing
hourly rate of wages for work of a similar character in the locality in which the work is
performed or the public works minimum wage. whichever is applicable. shall
be paid to a9 workers employed by won behalf of any public body engaged in the
construction of public works. exclusive of maintenance work.
For all overtime work performed. not less than one and one-half (114) the pretraling
hourly rate of vratnes for wok of a similar character irt the locality in which the rood is
performed or the pubfic warts contracting minimum wage, whichever is app[icable. shall
be paid to . _ workers emolayed by iron behalf of any pubffc body etxoaged in the
construction of public works, exclusive of maintenance work or=gradual obligation.
For purposes of this subdivision. "overtime work' shall include work that exceeds ten
hours in one day and work in excess of tarty hours in one calendarweek; and
A thirty -minute lunch period on each calendar day shall be allowed for each worker on a
public works project. provided that such time shall nat be considered as time worked.
HOLIDAYS
January first:
The last Monday in May.
July fourth:
The fest Monday in September:
November eleventh;
The fourth Thursday in November. and
December twenty -frith:
If any holiday tails on a Sunday. the following Monday shall be considered a ho5day.
ANNUAL WAGE ORDER KO. 26 3/29
30
Attachment C
Drawing
X
b
ot\
n
O
0
b
31
Section XV
BID PACKET
BID NO. 3104
ROOF REPLACEMENT
FIRE STATION 1
JEFFERSON CITY, MO 65101
Bid Form
Authority to Execute
Compliance with Prevailing Wage Law Affidavit
Anti -Collusion Statement
Contractor's Qualifications/References
Individuals Assigned to the Project
Disadvantaged Business Utilization Commitment
Federal Work Authorization Program Affidavit and MOU
32
SECTION XV FORMS FOR BIDDING
Bidder shall submit two copies of all forms contained in this section in an unaltered format. Bids must be
received in sealed envelopes with the bid number and subject indicated on the envelope, to the address
located on the front of this bid no later than March 5, 2020.
15.01 Bid Form
BID FORM
I have received the documents entitled Roof Replacement, Multiple Locations, along with
addenda number 1 and have included their provisions in the bid. I have examined the
documents and sites thoroughly and submit the following bid.
In submitting this bid, I agree (1) to hold my bid open for sixty (60) days; (2) to accept provisions
of the specifications (3) to enter into and execute a contract, if awarded on the basis of this bid,
and furnish guarantee bonds in accordance with specifications; (4) to complete the work in
accordance with contract documents; and (5) to complete the work by the time stipulated in the
supplementary conditions.
Location: Fire Station 111, 621 West High Street
Item Description
Bid Amount
Base Bid — Roof replacement as specified herein
$103 ,103 . 00
Alternate 1 (in addition to base bid)
List additional cost for manufacturer's standard 20 year system
warranty covering both labor and material for the length of the
warranty covering wind speeds up to 100 mph in lieu of the 72
mph warranty
$ 2 , 5 0 0 . 0 0
Roofing system to be used
Carlisle or
Firestone
Alternate 2 (in addition to base bid)
List additional cost to replace existing exhaust vent over kitchen
with new unit of same size, type, and quality of construction
T&M Only
Landfill for disposal of roofing and related materials
JC Landfill
Replacement exhaust vent: make and model
N/A Need more info
and Engineering
List air capacity rating of exhaust unit bid
N/A
Days required to complete the project after contract signing
15 Working Days
Earliest start date
4/6/2020
33
The undersigned bidder represents to the City and to other bidders that his base bid and the
estimates 011 which it is based have been carefully checked and contain no errors and nothing has
been omitted in determining the amount of the bid.
This project shall be completed as quickly as possible, but no later than September 30, 2020.
This bid is firm for the through 90 Days
Discount for prompt payment on invoices only N/A% days.
Discount will not be used for evaluation of bids.
Do you represent a disadvantaged business? YES
Do you represent a woman owned business? YES
NO X
NO X
Are the products bid manufactured, produced or assembled in the United States?
YES X NO
NAME OF COMPANY Missouri Builders Service, Inc.
AGENT AND TITLE
Tont M. Caspari, President
TELEPHONE 573-636-7733
DATE 573-636-7836
EMAIL ADDRESS jphillips@missouribuilders.net
missouribuilders.net
SIGNATURE OF BIDDER l t'tiw 641
Turin of Business: Sole Proprietorship _ Partnership XCorporation — Limited Liability Corporation
34
B � MISS+URI BUILDERS SERVICE, INC.
S
3807 ROUTE CC • P.O. BOX 104205 • JEFFERSON CITY, MO. 65110-4205
PHONE — 573-636-7733 FAX — 573-636-7836
1, Naomi A. Klouzek
herein above; that
Tom M. Caspari
certify that I am the secretary of the Corporation named as Bidder
, who signed the foregoing contract on
behalf of the Bidder was then President , of said corporation; that said proposal was
duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope
of its corporate powers.
Signed
corporate seal
35
15.04 Anti -Collusion Statement
STATE OF Missouri
COUNTY OF Cole
ANTI -COLLUSION STATEMENT
Tom M. Caspari
sworn
being first duly
deposes and says that he is President of Missouri Builders Service. Inc.
'r1TLE OF PERSON SIGNING NAME OF BIDDER
that all statements made and facts set out in the bid for the above project are true and correct; and that the
bidder (the person, firm, association, or corporation making said bid) has not, either directly or indirectly,
entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free
competitive bidding in connection with such bid of any contract which results from its acceptance.
Affiant further certifies that bidder is not financially interested in, or financially affiliated with, any other
bidder for the above project.
Sworn to before me this
(BY) 144-t
(BY)
5th day of March
My commission expires : 10/20/2020
. 20 20 .
Notary Public
NAOMI A. KLOUZEK
Notary Public - Notary Seal
State oI Missouri. Osage County
Commission Number 12624514
My Commission Expires Oct 20. 2020
NAOMI A KtOU7Fe
•
• A(,jI. usage county
Commission Number 12624514
My Commission Expires Oct 20 2n'79
37
15.05 Contractor's Qualifications/References
CONTRACTORS QUALIFICATIONS/REFERENCES
NAME OF COMPANY River City Construction
ADDRESS 6640 American Setter Drive, Ashland, MO 65010
CONTACT PERSON
TELEPHONE 573-657-7380 SERVICE DATE
PROJECT NUMBER AND DESCRIPTION:
Various
NAME OF COMPANY Sircal Contracting
ADDRESS 13'31 Monror St. Jefferson City, MO 65101
CONTACT PERSON Chris Hentges
TELEPHONE 573-893-5977 SERVICE DATE
PROJECT NUMBER AND DESCRIPTION:
Various
NAME OF COMPANY Nabholz
ADDRESS 1707 E 123rd Terrace, Olathe, KS 66061
CONTACT PERSON Dale Brown
TELEPHONE 913-286-3056 SERVICE DATE 2019
PROJECT NUMBER AND DESCRIPTION:
Jefferson City High School
Capital City High School
38
15.06 Individuals Assigned to the Project
INDIVIDUALS ASSIGNED TO PROJECT
List key personnel to be assigned to this project and their qualifications.
Jeremiah Phillips; Project Manager
SUBCONTRACTORS
If the Bidder intends to use any subcontractors in the course of the construction, he shall list them:
NONE
39
•
Affidavit of Compliance with Section 285.525-285.550 RSMo
For All Services in Excess of $5,000.00
State of Missouri )
Cole ) ss
County of )
Before me, the undersigned Notary Public, in and for the County of
State of Missouri , personally appeared
Tom M. Caspari. Missouri Builders Service, a corporation
Cole
(name), name of company), (a corporation), (a partnership), (a solc proprietorship), a limited liability company)
and is authorized to make this affidavit, and being duly sworn upon oath deposes and says as follows:
(1) that said company is enrolled in and participates in a federal work authorization program
with respect to the employees working in connection with the contracted services; and
(2) that said company does not knowingly employ any person who is an unauthorized alien in
connection with the contracted services.
The terms used in this affidavit shall have the meaning set forth in Section 285.500 RSMo., et seq.
Documentation of participation in a federal work authorization program is attached to this
affidavit.
Signature ,��
Name Tom M. Caspari
Subscribed and sworn to before me this 5th day of March , 2020 .
My commission expires: 10/20/2020
am, a -
Notary Public
NAOMI A. KLOUZEK
Notary Public - Notary Seal
State of Missouri, Osage County
Commission Number 12624514
My Commission Expires Oct 20. 2020
43
_Verify.
Company ID Number. 174908
Ne
KAM ti A SLLvi1•CaL Of 9NS
Information Required for the E -Verify Program
Information relating to your Company:
Company Name: Missouri Builders Service, Inc.
Company Facility Address: 3087 Route CC
Jefferson City, MO 65109
Company Alternate
Address: PO Box 104205
Jefferson City, MO 65110
County or Parish: COLE
Employer Identification
Number: 431532256
North American Industry
Classification Systems
Code: 238
Parent Company:
Number of Employees: 20 to 99
Number of Sites Verified
for: 1
Are you verifying for more than 1 site? if yes, please provide the number of sites verified for in
each State:
G MISSOURI 1 site(s)
Page 12 of 131E -Verify MOU for EmployerlRevision Date 10/29/08 1.wvw.dhs.govlE-Verify
EINCInstuance Companies. Document A310 - 2010
Bid Bond
CONTRACTOR
(Nome, legal status and address)
Missouri Bidders Service. Inc.
PO Box 104205
Jefferson City. MO 65110-42(}5
OWNER
(Name, legal status and address)
City of Jefferson
320 E McCarty St Room 202
Jefferson City. MO 65101
BOND AMOUNT: Five Per:ent of Bid (5% of Bid)
SURETY:
(Name, legal status and principal place
of business)
Employers Mutual Casualty Canipanyr
PROJECT:
(Name, location or address, and Project number, if any)
P3104; Roof Replacement - Fire Sfarran 1.621 West lfsgh Street
Thisdacument has important legal
consequences. Consultation with an attomey is
encouraged with respect to its completion or
modification.
Any singular reference to Contractor, Surety,
Owner or other party shall be considered plural
where applicable.
The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the
Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally, as provided hereat. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor
within the time specified in the bid documents, ar within such time period as may be agreed to by the Owner and
Contractor, and the Contractor either (1) enters into a contract with the Owner In accordance with the terms of such bid,
and gives such band or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the
jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for
the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference,
not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the
Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall
be null and void, otherwise to remain in full force and effect The Surety hereby waives any notice of an agreement
between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the
Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids
specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond
sixty (60) days.
If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be
deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
When this Band has been furnished to comply with a statutory or other legal requirement in the location of the Project,
any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and
provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so
furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond.
Signed and sealed this 51% day of March. 2020
(Maness) Naomi
----J178° ers
ngrpa!a (Seal)
(Trfle) Tom M. Caspari
Employers Mutual Casualty Company
(rety) (Seal)
Service, inc.
(Title) Cariee
Attorney -in -Fact
of u uo
This document conforms to the wording and provisions of the AIA A310-2010 bond form.
P_O Box 712. Des Moines, town 54306-07 T2
/EMS
INSURANCE
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
KNOW ALL MEN BY THESE PRESENTS, that
1. Employers Hubei Casualty Company, an Iowa Ccrpartion
2_ ELK ASCO Insurance Company, an Iowa Corporation
3. Union Insurance Campany of Providence an tome Corporation
4. Illinois EIVICASCO frismance Company, an Iowa Corporaficn
5. Dakota Fre Insurrtce Company, a North Dakota Corp :Jr:.
6_ BIC Property & Casualty Company, an Iowa Corporation
het eirufter referred to severally as "Company' and oiectiveiy as 'Companies", each does, by these presents, make, cc nstitr and appoint
CARLEE JOHNSON
it:, cru: and l ifil attrney-intact, with full power and ante* conf rod to sign seal. 2nd Execute the Psi Bowl
Any and ATI Bonds
and to find each Company thereby as Fahy and to the same extent as if such instruments were signed by the duly authcie d officers of each such Compaq, and all
of the acts of seri attorney pursuant 1 the authority hereby given are hereby ratified and confirmed.
AUTHORITY FOR POWER OF ATTORNEY
This Power -of -Mornay is rratb and executed pursuant to and by the amity of the 3 ,wa-rg rcaorcrlicn of tie Boards of Directars of each of the C ipsies at he
first regularly stdhedr dt d neem(' of each company duly canoed and t Ld m 1999:
RESOLVED: The Rade:f nt and Chief 'Etna it re Officer, any We Predefit, the Treasurer and Me- Secretary of Employers Mutual Casualty Company shall have
power ar ki arlf o ly to (1) appoint a reqs t and authorize tem 1 exp len on behalf of cacti Company and attach ala seal of tM Catnpa ! Ihmeb. bands
and i dertaking;, ren noes, contra of Mena* and otier writings obigatary in the rim thereto; and (2) b remove any such atimney-inHact at any lime
and revoke the paver and authority given to him or her. Attorneys -in -fact shaft have power and authority, subject to the tarns and Warms of the power-of-attnrney
issued to thein, to Pranitn and deliver en behalf of the Compri, and t3 attach the seal of the Company thereto, bonds and taxtertakings. recagnizanoes, contracts of
indernraty and other wirings chfigalory in the nature thereof, acrd any stxdt instrUMent execcte d by any soth rust shag be flay and it of res is»cirtn upon
Me Company. Cet/Irv:Sion as to Me validity of my power-of-aterreyr aticreed herein orade by an aloe - of Employers RAW Cat ty Company doll be fully and in
respects liming upon this Campari}'- The facsimile or mechanic* reproduced signature of such oar. whether math heretofore or hefeafter, *breve- afpe3ri<ha a :n
a certified copy deny pas"sr oluffomey of the Company, shalt be valid and binning upon he Canpary with lie same face and Effect as though reamer/ affned_
IN WITNESS THEREOF, be ComFd les tete mused these presents to be soared for d.cti ty their opts as shown, and the Corporate seat to be hereto aged Itit
1st tray of July , 2018 -
,gA . .' _ate '.r:
E.,_3
1� sa=ni_ -K:
1A. =Yom ..,...
4 s•
Cris
= ~
SEAL -I' SEAL =R_
KATTHY'WVERIDGE
Cannitutcrt Number 7130151
MryCamredlu;en FyhPrs
Ocog: ser 10, 2022
Bruce G. they, E,'L(?, Cir - of
Companies 2, 3, d. 5 & 6; President
Crnfpanies 1, 2 & 6; Treas ser of
Comperes 1.2.3, 4 & 6
Todd Strother
Senior We Prod
Ort this 1st day of .Tiny2018 t,eMaE me a /Mary y bland fur ha State
of Iowa, pers❑reliy appeared Bruce OE Keley arcf Todd Strother, who, being by me drily
Brom, dot say ter. they are, and are lawn tri ore b be the CEO. Chekrren. Presifarrd
Treasiaer, abler Sericr Vice President, reectively. of each d the Canpar above; tat
seas Axed b &Us it>;x ra:oat%are the s 1s of said corporations-, that. said ii3ttur.ent
was signed arm sedation beteg of each of the Coniparis by authority of their respective
Boards of Director s and Olathe said Bruce a Kees.; and Todd Srrothr, su h c4i cors,
actmaidedged the executorial said i sk rnerit to be ter voluntary rLaty act and dem, and the
rrlkalaryact and deed deadh ofthe Carnparies.
6'y Commission Expires. October 10, M.
tlo wry la.b r� in and lir tte Sty o:a
CERTIFICATE
1, Janes D_ Clough. We Pr oil of the Companies. do hereby ceilily that the fcaegarig reotu lien dt#he Boards of Diectas by each d the Crnpanies, and
tis Passer of Mornay issued pursuant thereto on 1st Clay of July , 2018 , are trite and correct and are sta in MI lace and effect
In Testirncorry Whereof [have subscribed tray name and affixed the facsimile seal of each Company this BZh day of Match , 2020
[ % /cc"( 18 President
7864 (9-19)
600T15917670 955 A 000000-00
"For verh"HcaIort of the authenticity of the Power of Attorney you may call (515) 345-2889_"
Snit.
/EMC Insurance Companies Document A312 - 2010.
Performance Bond
CONTRACTOR:
(Name, legal status and address)
Missouri Builders Service, Inc
P t5 Boat 104205
Jefferson City. MO 65110-4205
OWNER:
(Name, legal status and address)
City of Jefferson
320 E McGarly St.. Room 202
Jefferson City, MO 65101
CONSTRUCTION CONTRACT
Date: 4120;2020
Amount: $105:603 DO
SURETY:
(Name, legal status and principal
ploce of business)
Employers Mutual Casualty Company
Description: P3104: Roof Reptacemenl • Fee Stators 1, 621 West High Street
(Name and location)
BOND
Date: 4r20i2020
(Not earlier than Construction Contract Oate)
Amount: 5105.603.00
Modifications to this Bond: None GJSee Section 16
CONTRACTOR AS PRINCIPAL
Connpany: Missoun Builders Service, Inc.
Signature:
Bona No S017173
This document has important legal
consequences. Consultation with an
attorney is encouraged with respect to its
rnnrpietair nr modification
Any singular reference to Contractor, Surety,
Owner to nthei party shall be considered
plural where applicable
the Lineament A112 2010 cnmhines two
separate bands, a Performance flood and a
Payment bond,. into one farm. This n not a
s-nglreombrned Performance and Payment
Oci
SURETY
(Corporate Company: Ernps,yers Mutual Casually Ccrnlurny (Corporate
Seal)
4
Name tam M Caspar,
And Title: President
Signature:
Seal)
Name Heather Barnett
And Title: Atlomey-in-Fact
(Any additional signatures appear on the last page of this Performance Band.)
(FOR INFORMATION ONLY - Nome, address and telephone)
AGENT or BROKER:
Brier Payne Meade Insurance, Inc
10540 Marty St, Ste 160
Overland Park, KS 66212
OWNER'S REPRESENTATIVE:
Architect. Engineer or other party:)
Document A312 . 2010
061110
1
Init.
§ 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors
and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference.
§2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this
Bond, except when applicable to participate in a conference as provided in Section 3.
§ 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after
.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring
a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among
the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not
request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice,
request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless
the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten
(10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract,
but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor
Default;
.2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety;
and
.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the
Construction Contract to the Surety or to a contractor selected to perform the Construction Contract.
§ 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to
comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the
extent the Surety demonstrates actual prejudice.
§ 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take
one of the following actions:
§ 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract;
§5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors;
§5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the
Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the
amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a
result of the Contractor Default; or
§ 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable
promptness under the circumstances:
.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as
practicable after the amount is determined, make payment to the Owner; or
.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial.
§6 if the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be
in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding
that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available
to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has
denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to
the Owner.
Document A312 - 2010
2
Init.
§ 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be
greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety
shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner
to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for
.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction
Contract;
.2 additional legal, design professional and delay costs resulting from the Contractor's default, and resulting
from the actions or failure to act of the Surety under Section 5; and
.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual
damages caused by delayed performance or non-performance of the Contractor.
§ 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond.
§ 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its
heirs, executors, administrators, successors and assigns.
§ 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related
subcontracts, purchase orders and other obligations.
§ 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the
location in which the work or part of the work is located and shall be instituted within two years after a declaration of
Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or
fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall
be applicable.
§ 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on
which their signature appears.
§ 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the
construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be
deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed
incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a
common law bond.
§ 14 Definitions
§ 14.1 Balance of the Contract Price, The total amount payable by the Owner to the Contractor under the Construction
Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or
to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,
reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract.
§ 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including
all Contract Documents and changes made to the agreement and the Contract Documents.
§ 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to
comply with a material term of the Construction Contract.
§ 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the Construction
Contract.
§ 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor.
§ 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
Document A312 • 2010
3
Init.
§ 16 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL. SURETY
Company: (Corporate Seal) Company:
Signature: Signature:
(Corporate Seal)
Name and Title: Name and Title:
Address Address
Document A312 • 2010
This document conforms to the wording and provisions of the AIA A312-2010
4
Init.
NEMC Insurance Companies Document A312 - 2010
Payment Bond
CONTRACTOR:
(Mame, legal status and address)
Missoun Builders Servrx. Inc
P 0 OCR 104205
Jefferson City. MO G5110.1205
OWNER:
(Name, legal status and address)
City of Jefferson
320 E. McCarty Si Room 202
Jefferson City, MO 65101
CONSTRUCTION CONTRACT
Date: ar201202U
Amount: 5105.603 00
SURETY:
(Name, legal status and principal
place of business)
Employers Mulual Casually Company
DeStS ription: P3104 Root Replacement
(Name and location)
BONO
Date:4/20.102U
(Not earlier than Construction Contract Date)
Amount: $105.603 00
Modifications tO this Bond: Vi None
CONTRACTOR AS PRINCIPAL
Fire Station 1.621 West High SIreel
U See Section 18
COmpany:Missouri BuiIc4 rs Sunned Inc (Corporate Seal)
Signature
Tam fat Gaspers
President
(Any additional signatures appear an rhe fast page of this Payment Band.)
Name
Al1 J Title:
SURETY
This document has Impel/ant legal
ror.sequenre; Consellat.on with an
attorney is encouraged with respect 10 its
completfen ur madificatien.
Arno singular reference to Conirartor, Swett',
Owner u; other party shall be considered
plural where apple able
' fu• Lin( u eM tl A17...1010 rembrnns two
Parole bonds, a Performance Bond and a
Payment ttond, into one tarm. This is net a
single rambrned Per/Menem. end Payment
knot
Campany:Emytoyers Mulurd cmaniIiy Carrpar.y (t.nrpornte Sea0
Signature: _
Name Heather Barnolt
And Title: Attorney-in-I-ar:I
(FOR INFORMATION ONLY Name, address and telephone)
AGENT or BROKER:
Boor Payne Meade Insurance, Inc
10540 Marty SI Sin 160
• Overland Park. KS !illi' 12
U'orr„rnnre A312 2010
OWNER'S REPRESENTATIVE:
(Architect, Engineer or other party)
061110
5
In it.
§ 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors
and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the
Construction Contract, which is incorporated herein by reference, subject to the following terms.
§2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless
the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment
furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no
obligation under this Bond.
§ 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond
shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of
claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for
labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of
such claims, demands, liens or suits to the Contractor and the Surety.
§ 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense
defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit.
§ 5 The Surety's obligations to a Claimant under this Bond shall arise after the following:
§ 5.1 Claimants, who do not have a direct contract with the Contractor,
.1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the
amount claimed and the name of the party to whom the materials were, or equipment was, furnished or
supplied or for whom the labor was done or performed, within ninety (90) days after having last
performed labor or last furnished materials or equipment included in the Claim: and
.2 have sent a Claim to the Surety (at the address described in Section 13).
§5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at
the address described in Section 13).
§6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy
a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1.
§ 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly
and at the Surety's expense take the following actions:
§ 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating
the amounts that are undisputed and the basis for challenging any amounts that are disputed; and
§ 7.2 Pay or arrange for payment of any undisputed amounts.
§ 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a
waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for
which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under
Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs
thereafter to recover any sums found to be due and owing to the Claimant.
§ 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees
provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the
Surety.
§ 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of
the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor
furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of
the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the
Owner's priority to use the funds for the completion of the work.
Document A312 - 2010
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§ 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated
to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant
under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants
or otherwise have any obligations to Claimants under this Bond.
§ 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related
subcontracts, purchase orders and other obligations.
§ 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction
in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one
year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which
the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the
Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by
law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.
§ 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on
the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient
compliance as of the date received.
§ 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the
construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be
deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed
incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a
common law bond.
§ 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner
shall promptly furnish a copy of this Bond or shall permit a copy to be made.
§ 16 Definitions
§ 16.1 Claim. A written statement by the Claimant including at a minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done, or materials of equipment furnished;
.3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was
furnished for use in the performance of the Construction Contract;
.4 a brief description of the labor, materials or equipment furnished;
.5 the date an which the Claimant last performed labor or last furnished materials or equipment for use in
the performance of the Contraction Contract:
.6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of
the Claim;
.7 the total amount of previous payments received by the Claimant; and
.8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the
date of the Claim.
§ 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the
Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term
Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or
similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include
without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline,
telephone service or rental equipment used in the Construction Contract, architectural and engineering services required
for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a
mechanic's lien may asserted in the jurisdiction where the labor, materials or equipment were furnished.
§ 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including
all Contract Documents and all changes made to the agreement and the Contract Documents.
Document A312 - 2010
7
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§ 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required
under the Construction Contract or to perform and complete or comply with the other material terms of the Construction
Contract.
§ 16.5 Contract Documents, All the documents that comprise the agreement between the Owner and Contractor.
§ 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
§ 18 Modifications to this bond are as follows:
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
Signature: Signature:
(Corporate Seal)
Name and Title: Name and Title:
Address Address
Document A312 - 2010
This document conforms to the wording and provisions of the AIA A312-2010 bond form.
8
P.O. Box 712 • Des Moines, Iowa 50306-0712
/EMC
INSURANCE
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
KNOW ALL MEN BY THESE PRESENTS, that:
1. Employers Mutual Casualty Company, an Iowa Corporation
2. EMCASCO Insurance Company. an Iowa Corporation
3. Union Insurance Company of Providence, an Iowa Corporation
4. Illinois EMCASCO Insurance Company, an Iowa Corporation
5. Dakota Fire Insurance Company, a North Dakota Corporation
6. EMC Property & Casualty Company, an Iowa Corporation
hereinafter referred to severalty as "Company" and collectively as "Companies". each does, by these presents. make, constitute and appoint:
HEATHER BARNETT
its true and lawful attorney -in -tact, with full power and authority conferred to sign, seal, and execute the following Surety Bond(s):
Surety Bond
Number
S017173
Principal:
Missouri Builders
Service, Inc.
Obligee:
City of Jefferson
320 E. McCarty St_, Room 202
Jefferson City, MO 65101
and to bind each Company thereby as fully and to the same extent as it such instruments were signed by the duly authorized officers of each such Company, and all
of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed.
AUTHORITY FOR POWER OF ATTORNEY
This Power-ot-Attomey is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at the
first regularly scheduled meeting of each company duly called and held in 1999:
RESOLVED: The President and Chief Executive Officer, any Vice President, the Treasurer and the Secretary of Employers Mutual Casualty Company shall have
power and authority to (1) appoint atlomeys-in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds
and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof; and (2) to remove any such attorney-in-fact at any time
and revoke the power and authority given to him or her. Attorneys -in -fact shall have power and authority, subject to the terms and limitations of the power-of-attorney
issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of
indemnity and other writings obligatory in the nature thereof, and any such instrument executed by any such attorney-in-fact shall be fully and in at respects binding upon
the Company. Certification as to the validity of any power-of-attomey authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all
respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer, whether made heretofore or hereafter, wherever appearing upon
a certified copy of any power-of-attorney of the Company. shall be valid and binding upon the Company with the same force and effect as though manually affixed.
IN WITNESS THER EOF, the Companies have caused these presents to be signed for each by their officers as shown, and the Corporate seals to • : hereto affixed this
30th day of March 2020
Seals
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�KATHY LOVERIDGE
F Comminian timber 70J769
wOctaber lQ Expires pes
att R. Jean,
of Company 1;
& CEO of Com
P e ident & CEO
heirman, President
nies 2. 3, 4, 5 & 6
e/ �1 .
Todd Strother, Executive Vice President
Chief Legal Officer & Secretary of
Companies 1, 2, 3, 4. 5 & 6
On this 30th day of March 2020 before mea Notary Public in and for the State
of lowa, personally appeared Scott R. Jean and Todd Strother, who, being by me duly swam,
did say that they are, and are known to me to be the CEO, Chairman, President, Executive
Vice President, Chief Legal Officer andfor Secretary, respectively, of each of the Companies
above; that the seals affixed to this instrument are the seals of said corporations; that said
instrument was signed and sealed on behalf of each of the Companies by authority of their
respective Boards of Directors; and that the said Scott R. Jean and Todd Strother, as such
officers, acknowledged the execution of said instrument to be their voluntary act and deed,
and the voluntary act and deed of each of the Companies.
My Commission Expires October 10, 2022.
Notary Pubg in and for the State ofllowa
CERTIFICATE
I, James D. Clough, Vice President of the Companies, do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and
this Power of Attomey issued pursuant thereto on 30th day of March , 2020 . are true and correct and are still in full force and effect.
In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 20th day of
2020
Vice President