Vine Street Bridge Design-Build Project Request for Proposal (RFP) June 28, City of Fulton, Missouri COF 15-03

Transcription

1 Vine Street Bridge Design-Build Project Request for Proposal (RFP) June 28, 2015 City of Fulton, Missouri COF 15-03

2 Table of Contents SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6 Advertisement for Design-Build Proposal Introduction / Specifications Design-Build Proposal Form Instructions to Proposers Special Job Provisions Bid Bond Payment Bond Performance Bond Contractors Qualification Statement Affidavit Unauthorized Alien Anti-collusion Statement Insurance Requirements Hold Harmless Agreement Contracts for Public Work Notice of Award Notice to Proceed Application for Payment Change Order Contractor s Affidavit of Release of Liens Prevailing Wage Determination Location Map Existing Conditions Concept drawing Site Photos

3 Section 1

4 City of Fulton, Owner Project No. COF Advertisement for Request for Proposal (RFP) The City of Fulton, Callaway County, Missouri has issued this Request for Proposal (RFP) to solicit Technical and Price Proposals for the Design-Build engineering and construction services for renovations to the Vine Street Bridge in Fulton, Missouri. Proposals will be received by the City of Fulton City Clerk located at 18 East Fourth Street until 3:00 o'clock P.M., (Local Prevailing Time) August 5, 2015 and then at said office publicly opened and read aloud. This project consists of the complete removal of the existing 25 x 31 bridge deck and steel support beams of the Vine Street Bridge over Smith Branch in Fulton, Missouri. The Design-Build engineering and construction will include the installation of wider (approximately 30 x 31 ) bridge deck and sidewalk with vehicle and pedestrian railings. An alternate proposal will include improvements to the immediate 30 of roadway, curb and gutter, storm sewer, sidewalk and bridge approaches. The information for Proposers, Proposal Form, Form of Contract, and Forms of Bid Bond, Performance and Payment Bond, and other contract documents may be examined at the following: Builders Assn. of Missouri, 3632 W. Truman Blvd., Jeff. City MO eplan, 3806 Buttonwood Drive, Suite 106, Columbia, MO Reed Construction Data, 30 Technology Parkway South, Suite 500, Norcross, GA isqft/ ATTN: Missouri, 4500 Lake Forest Drive, Suite 502, Cincinnati, OH City of Fulton, City Hall, 18 E. 4 th St., Fulton, MO Copies may be obtained at the office of The City Engineer, City of Fulton, 18 E. 4th St., P.O. Box 130, Fulton, Missouri, 65251, upon payment of a $20.00 nonrefundable fee for each set. The Owner reserves the right to waive any informalities or to reject any or all proposals. Each proposer must deposit with his proposal, security in the amount, form and subject to the conditions provided in the Information for Proposers. No proposer may withdraw his Proposal within 60 days after the actual date of the opening thereof. The minimum of the State Prevailing Wage Requirements for the project area shall be paid for all crafts used on the project. Date Interim City Engineer Kyle Bruemmer (573)

5 June 28, 2015 Proposal COF Gentlemen: Sealed Technical and Price Proposals for Design-Build engineering and construction services for renovations to the Vine Street Bridge over Smith Branch in Fulton, Missouri, will be received until 3:00 p.m. on August 5, 2015, the time that has been set for the termination of the proposals. Following termination of proposals, said proposals will be opened at a convenient time in the presence of the Director of Administration and the City Clerk or their designees. PROPOSAL The proposal shall be enclosed in a sealed envelope, marked: PROPOSAL # COF AND DELIVERED TO: City Clerk City of Fulton 18 E. 4 th. Street P.O. Box 130 Fulton, MO On or before the time and date set for the termination of the Request for Proposal. Proposal will consist of providing the Design-Build engineering, labor, material, and equipment for the installation and construction of the following: Demolition and removal of the existing 25 x 31 x 9 reinforced concrete and asphalt bridge deck/sidewalk and curbs, steel and chain link railings and 7-18 x 6 x 31 steel bridge beams. Design-build engineering and construction to include a new bridge superstructure, an approximate 30 x 31 deck with sidewalk along the west edge of bridge, and vehicle and pedestrian railings. Design will incorporate the existing concrete abutments, wing walls and existing roadway and storm sewer conditions. An alternate proposal will include improvements to the immediate 30 of roadway, curb and gutter, storm sewer, sidewalk and bridge approaches.

6 Proposal COF Page 2 Further information, and proposal sheets can be obtained from the office of the City Engineer, 18 E. 4 th. St., P.O. Box 130, Fulton, MO 65251, for a $20.00 non-refundable fee. This request contemplates the receipt of SEALED proposals. Therefore, oral, telephonic, telegraphic or telefax proposals will not be accepted. NO PROPOSALS WILL BE ACCEPTED AFTER 3:00 p.m., August 5, Should any proposer find discrepancies in the specifications or be in doubt as to their meaning he shall request clarification and written explanation will be sent to all concerned. Point of contact is: Steve Gohring, Engineering Technician II at: (573) Purchase of American Made Products The City of Fulton supports the purchase of American made products. Bidders are hereby notified that the City of Fulton shall adhere to the following policy: a) Where the cost of an individual product exceeds $500.00, preference will be given to products manufactured, assembled or produced in the United States when the quality and price are comparable with other goods. b) Every contract for public works construction or maintenance in excess of $1,000 shall contain a provision to use American products in the performance of the contract whenever the quality and price are comparable with other goods. Withdrawal of Proposal Any proposer may withdraw his proposal at any time prior to the scheduled time for termination of the proposal. No proposer may withdraw his proposal for a period of thirty (30) days after the scheduled time for termination of proposal. Rejection of Proposal The owner reserves the right to reject any or all proposals and to waive any informalities in the proposals. The owner does not obligate himself to accept the lowest or any other proposal nor to award or make the purchase in any definite time. Very truly yours, Kyle Bruemmer, P.E. Interim City Engineer

7 INTRODUCTION / SPECIFICATIONS Specifications Page 1 Project Background Vine Street and the Vine Street Bridge over Smith Branch in Fulton, Missouri is an important travel route for the citizens in the northeast part of the community and is the main road used for the staging of school buses picking up students at the Fulton Middle School. The Vine Street Bridge consists of a 25 x 31 reinforced concrete bridge deck on top of 7 steel beams that rest on two reinforced concrete abutments with wing walls. The bridge has metal and chain link vehicle and pedestrian railings and has been overlaid with approximately 3 of asphalt. This bridge was originally built in 1935, no original plans or specifications for this bridge exist in the City records. Recently, MoDot inspected this bridge and concluded that the steel beams supporting the bridge are in poor enough condition that a revised weight posting was needed. This weight limit posting would not allow school buses to use this structure. The City of Fulton has decided to move forward and make the necessary structural improvements to the bridge to remove the posting restrictions. The improvements will include a wider driving surface and an improved pedestrian walkway. Submission Requirements Proposer shall provide a cover letter with their submission. Attached shall be a completed City of Fulton, Missouri, RFP Form. Proposer shall acknowledge the receipt of any and all addenda. Provide 3 copies of the proposed design containing renderings/concepts to give the Proposal Review Committee enough guidance to review and rate each proposal. Printed on paper, they shall include renderings/concepts from all 4 sides, a plan view, at least one cross section, abutment concept and approach angles. Provide material types and colors. Provide a proposed timeline showing at a minimum, major design, review, construction, completion and payment dates. Design milestones shall be 50%, 90%, and 100%. The construction timeline shall show the contractors estimated completion date. Design-Build Proposals shall remain subject to acceptance for sixty (60) days. June 28, 2015 RFP released to proposal teams. Project Timeline July 20, 2015 Mandatory pre-proposal opening meeting (project discussion and questions). 10:00 am at the Fulton City Hall, 18 East 4 th Street, Fulton, Missouri August 5, 2015 RFP Proposals are due to the Office of the Fulton City Clerk by 3 pm, Fulton City Hall, 18 East 4 th Street, Fulton, Missouri

8 Specifications Page 2 August 11, 2015 RFP presentation to the Fulton City Council, Proposal Review Committee will provide recommendation to the council. Council shall direct staff to their decision August 12, 2015 Notice of Award sent to the chosen Design-Build team. Bid Bonds returned to the remaining proposers. August 24, 2015 Design-Build team signs Notice to Proceed. Design-Build team submits Payment and Performance Bond, Certificate of Insurance. Review times corresponding to each submittal are as follows: 50% Design Submission: 2 week (14 calendar days) for review and comments. 90% Design Submission: 2 week (14 calendar days) for review and comments. 100% Final Submission: 1 week (7 calendar days) for review and approval. Construction Mobilization may commence upon approval of the 100% submission. Design Requirements Accessibility: Appropriate building codes shall be met as required. The construction shall be designed to stay within the easements, copies of which are available from the City of Fulton. The bridge shall comply with all Americans with Disabilities Act (ADA) requirements. New Construction: Bridge vehicle driving surface to be a minimum of 25 wide by 31 long with an adjoining/attached 5 wide pedestrian walkway along west edge of bridge. Existing concrete abutments are to be incorporated into the design-build. Include pedestrian railing along bridge sidewalk and standard guard railing on vehicle lane. Bridge design should achieve a minimum load rating of 20 tons to a maximum No Post bridge. Design Life: Minimum 50 year lifespan. All plans and specifications shall be signed and stamped by a Missouri Licensed Professional Engineer. Easement Location: all work must be within the City s Right of Way and adjoining property easement. Alternate - Roadway Improvements: Removal of existing asphalt and concrete approaches, curbs, pavement, storm sewer boxes, and sidewalks. Design-Build approach configuration to blend roadway improvements (curbs, sidewalk, storm sewer, pavement) into finish bridge surfaces. Three (3) copies of the 50%, 90% and 100% submissions shall be required. Two (2) submission copies are for the Proposal Committee and one for the City of Fulton records. Electronic copies shall be required at the request of the City. Bridge deck shall not be an open grate-like material. As-Built drawings shall be furnished before the release of the retainer (see payment spec).

9 Evaluation Process Specifications Page 3 CONTRACT AWARD: The City of Fulton reserves the right to accept or reject any or all proposals for any reason, to negotiate with any individual or firm as the Owner deems necessary. PROPOSAL COMMITTEE: All portions of the Proposal shall be evaluated by a 3 member committee. They will rate each proposal as describe below. This committee will report their recommendations to the City Mayor, Administer and Council. The City Council shall make the final decision. EVALUATION CRITERIA: The Proposal committee will review each Proposal keeping the following evaluation in mind: 1. Proposal cost (Construction and Engineering). 50% 2. Project schedule and previous related work. 15% 3. Structural features and maintenance requirements. 30% 4. Impacts to the adjoining properties. 5% Warranty Warranty: Project shall have a 1 year warranty starting at the date of final acceptance. Utility Requirements Proposals shall identify site utilities and any conflicts in which there may be. The Proposer shall coordinate with all the utilities involved to complete the project. This includes the cost of temporarily or permanently relocating any utilities that may be in conflict with the project. Permitting The City of Fulton will require a building permit. The successful Design-Build team shall complete the Commercial Building Permit Application to comply with the Code Enforcement Officer. The fee for this permit shall be waived for this project. Any permits required from an agency other than the City of Fulton shall be the responsibility of the Design-Build team. General Notes Work Progression: No contractor mobilization or work shall commence until the 100% plans and submittals have been approved by all staff. Work Times: Generally speaking, 7 AM to 7 PM Monday through Friday will be considered acceptable work schedule. Additional and altered hours are available with advanced notice. Construction Duration: All proposals shall have a proposed start and completion date. Erosion Control: Best management practices will be used to the maximum extent practicable.

10 Specifications Page 4 Traffic Control: The successful Design-Build team shall provide its own traffic control and coordinate with the City of Fulton Police Department. The MUTCD shall be referenced for traffic control. Unused Materials: The Owner may retain any salvaged materials as requested. Any materials salvaged will be loaded by the Design-Build team at the job site. All other materials shall be come property of the Design-Build team. Contractor Work Area: The City shall acquire any temporary construction easements to allow for staging for the contractor s crew, equipment and supplies as needed. The City of Fulton shall not be held liable from actions having derived from the use of this land. All restoration efforts of the work area are the responsibility of the Design-Build team. Final Inspection: Design-Builder shall notify the City two weeks in advance of final completion. The City will provide a punch list if necessary. Meetings: A pre-construction meeting and biweekly progress meetings shall be held. The City may cancel meetings upon mutual agreement with the Design-Build team. Wages: State and Federal minimum wages apply for this project. No special wages are specified. The contractor agrees to pay all classes and crafts of labor, used in the performance of this work, the prevailing hourly rate of wages as determined by the Department of Labor and Industrial Relations in the Annual Wage Determination Order No. 22, Section 014, for Callaway County. Site Access: Contractor may control site access to the general public until the bridge has been accepted by the City. Quality Control and Quality Assurance Design-Build team shall provide testing results for cast in place concrete and structural steel, certifications and other documentation to the City that all engineer approved specifications have been met. The City may pursue additional testing to confirm the results supplied by the Design-Build team. Any materials found to be unsatisfactory shall be removed and replaced with an approved product. Payment Design-Build team shall provide a lump sum price for all aspects required to satisfactorily complete the project as required by the City. A schedule of values with sufficient detail to serve as the basis for progress payments shall be required. A 10% retainer will be held back from every requisition. The 10% shall be held by the City of Fulton and will be returned upon request from the Design-Build team once the project has been accepted by the City.

11 Specifications Page 5 Liquidated Damages The City may issue Liquidated Damages if the project has not been completed by the time allotted as agreed to by the City and contractor at the time of the contract award. The City, at its discretion, may waive these damages if this is found to be beneficial to the City. Liquidated Damages shall by $ per calendar day.

12 REQUEST FOR PROPOSAL FORM FROM: Hereinafter called the Proposer. TO: City of Fulton 18 East 4 th. Street P.O. Box 130 Fulton, Missouri Hereinafter called the Owner. FOR: Vine Street Bridge Design-Build Project Project No. COF Hereinafter called the work. 1. The undersigned, having examined and being familiar with the local conditions affecting the work and with the contract documents including the drawings, the Advertisement for Proposal, Instructions to Proposer, Statement of Proposer s Qualifications, General Conditions, Special Conditions and the body of technical specifications, including Addenda number through inclusive, as issued by the City of Fulton Engineering Department, hereby propose to furnish all labor, materials, equipment, services, etc. required for the performance and completion of the aforementioned work, as follows: 2. In submitting this proposal, it is understood that the right is reserved by the City Engineer, City of Fulton, to reject any and all proposals and it is agreed that the proposals may not be withdrawn for a period of thirty days form the specified time for receiving proposal. 3. Accompanying this proposal is a certified check or cashier s check in the amount of Dollars ($ ) or a 5% bid bond payable without condition to the City of Fulton, which it is agreed shall be retained as liquidated damages for the delay and extra expense caused the City of Fulton if the undersigned fails to execute the contract and furnish complete insurance certificates, and the Performance/Payment bond required by the contract document within ten (10) days after award. Page 1 of 5

13 4. The contractor agrees to complete the project by the time allotted as agreed to by the City and contractor at the time of the contract award. The contractor further agrees to pay to the City of Fulton as liquidated damages the sum of Three Hundred Dollars ($300.00), for each day thereafter. 5. The Proposer hereby certifies that the following subcontractors will be used in the performance of the work: Note: Failure to list either the proposer s firm or subcontractors for each category of work identified on the Proposal Form, or the listing of more than one firm for any category without designating the portion of work to be performed by each shall result in rejection for the proposal. After proposal opening, substitutes of listed firms will not be permitted except as indicated in the General Conditions. NAME AND ADDRESS OF FIRM WORK TO BE PERFORMED 6. The Proposer agrees to pay not less than the hourly rate of wages as determined by the Department of Labor and industrial Relations, State of Missouri, in accordance with Section to as amended RSMo Page 2 of 5

14 7. The Proposer hereby certifies: That this proposal is genuine and is not made in the interest of or on behalf of any undisclosed person, firm corporation, and is not submitted in conformity with any agreement or rules of any group, association or corporation; That he has not directly or indirectly induced or solicited any other proposer to put in a false or sham proposal, That he has not solicited or induced any person, firm or That he has not sought by collusion or otherwise to obtain for himself any advantage over any other proposer or over the Owner, That he will not discriminate against any employee or That all manufactured goods or commodities used or supplied in the performance of this contact or any subcontract thereto shall be manufactured, assembled or produced in the United States, unless said goods are not manufactured, assembled or produced in the United States in sufficient quantities to meet the contract requirements or cannot be manufactured, assembled or produced in the United States within the necessary time in sufficient quantities to meet the contract requirements or that obtaining the product manufactured, assembled or produced in the United States would increase the cost of the contract for purchase of the product by more than ten percent. Dated this day of, 20. IF AN INDIVIDUAL Name of Individual Social Security Number Residence Address Telephone Number Firm Name if Any Address for Communications Signature Page 3 of 5

15 IF A PARTNERSHIP Name of Partnership Partner Partner Address for Communications Telephone Number State Names and Residence Address of all Partners Residence Address Residence Address Federal Tax I.D. Number Signature of Either Partner IF A CORPORATION Name of Corporation Name and Title of Officer Signature of Officer Incorporated under the laws of the State of Corporate License No. (If a corporation organized in a state other than Missouri, attach Certificate of Authority to do business in the State of Missouri) Address for Communications Federal Tax I.D. Number Telephone Number (Seal) Secretary (Each proposer must complete the Proposal Form by signing in the proper signature line above and by supplying the required information called for in connection with the signature. The information called for is necessary in the proper preparation of the contract and performance bond. Each proposer must supply the data called for in the accompanying Proposer s Statement of Qualification. ) Page 4 of 5

16 Proposal COF RFP DESIGN-BUILD FORM VINE STREET BRIDGE DESIGN-BUILD PROJECT Designer: Address: Contact: Phone: Design-Build Contractor: Address: Contact: Phone: Bridge Renovation Price Proposal (Words): Bridge Renovation Price Proposal (Numerals): Alternate - Roadway Price Proposal (Words): Alternate - Roadway Price Proposal (Numerals): Design-Build Proposal Official Signature: Title: Date: By signing this document, I hereby certify that I am authorized to submit this proposal to the City of Fulton on behalf of the Design-Build team. Addendum(s) Acknowledged: Signature of Proposer and Title Date Page 5 of 5

17 SECTION 2

18 INSTRUCTIONS TO PROPOSERS Instructions to Proposers Page 1 1. GENERAL INSTRUCTIONS A. RESPONSIBLE PROPOSER: Any person, firm or corporation submitting a Proposal for the work contemplated whose Proposal form is complete and regular, free of exclusions or special conditions and has no alternative Proposals for any item unless requested in the technical specifications. B. RESPONSIBLE PROPOSER: Any person, firm or corporation submitting a Proposal for the work contemplated who maintains a permanent place of business, has adequate plant equipment to do the work properly and within the time limit that is established, and has adequate financial status to meet his obligations contingent to the work. C. AUTHORIZED EMPLOYEES: Contractor acknowledges that Section , RSMo, prohibits any business entity or employer from knowingly employing, hiring for employment, or continuing to employ an unauthorized alien to perform work within the State of Missouri. Contractor therefore covenants that it is not knowingly in violation of subsection 1of Section , RSMo, and that it will not knowingly employ, hire for employment, or continue to employ unauthorized aliens to perform work on the Project, and that its employees are lawfully to work in the United States. Unauthorized Employees: Proposers are informed that pursuant to Section , RSMo, as a condition of the award of any contract in excess of five thousand dollars ($5,000), the successful Proposer 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 to the contracted services. Successful proposers shall also sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection to the contracted services. D. EXCESSIVE UNEMPLOYMENT: The Contract hereby agrees to comply with the provisions of Section et seq., of the Revised Statutes of Missouri (hereinafter the Excessive Unemployment Law and incorporated herein by reference), when there is a period of excessive unemployment (as that term is defined under the Excessive Unemployment Law). This requirement includes, without limitation, the obligation to use only Missouri laborers and laborers from nonrestrictive states (as those terms are defined under the Excessive Unemployment Law) in construction or building any public works project or improvement, except as may otherwise be allowed under the Excessive Unemployment Law. E. SAFETY TRAINING: Proposers are informed that the Project is subject to the requirements of Section , RSMo, which requires all contractors or subcontractors doing work on the Project to provide, and require its on-site employees to complete, a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration ( OSHA ) or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved

19 Instructions to Proposers Page 2 OSHA program. The training must be completed within sixty (60) days of the date work on the Project commences. On-site employees found on the worksite without documentation of the required training shall have twenty (20) days to produce such documentation. Contractor shall provide a ten (10) hour Occupational Safety and Health Administration (OSHA) construction safety program for all employees who will be on-site at the Project. The construction safety program shall include a course in construction safety and health that is approved by OSHA or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program as required by Section , RSMo. Contractor shall require its on-site employees to complete a construction safety program within sixty (60) days after the date work on the Project commences. Contractor acknowledges and agrees that any of Contractor s employees found on the Project site without documentation of the successful completion of a construction safety program shall be required to produce such documentation within twenty (20) days, or will be subject to removal from the Project. Contractor shall require all of its Subcontractors to comply with the requirements of this Section and Section , RSMo. Notice of Penalties for Failure to Provide Safety Training. Pursuant to Section , RSMo, Contractor shall forfeit to City as a penalty two thousand five hundred dollars ($2,500.00), plus one hundred dollars ($100.00) for each on-site employee employed by Contractor or its Subcontractor, for each calendar day, or portion thereof, such on-site employee is employed without the construction safety training required. The penalty described in this Section shall not begin to accrue until the time periods described in have elapsed. Violations of above and imposition of the penalty described in this Section shall be investigated and determined by the Missouri Department of Labor and Industrial Relations. 2. COPIES OF PROPOSAL DOCUMENTS: A. Complete sets of the Proposal documents, specifications and assorted plans for the proposed work may be examined and obtained from the office of the City Engineer, located in City Hall, 18 E. Fourth St., Fulton, Missouri, B. Complete sets of the Proposal documents must be used in preparing proposals; neither the City nor the Engineer assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of proposal documents.

20 3. QUALIFICATIONS OF PROPOSERS: Instructions to Proposers Page 3 A. To demonstrate qualifications to perform the work, each Proposer shall have on file with the City Engineer a current Contractors Qualification Statement. B. The successful Proposer will be required to have an occupational license with the City of Fulton, Missouri before payment can be made for any work done. 4. EXAMINATION OF CONTRACT DOCUMENTS AND SITE: A. It is the responsibility for each Proposer before submitting a proposal to (a) examine the contract documents thoroughly, (b) visit the site to become familiar with local conditions that may affect cost, progress, performance or furnishing of the work, (c) consider federal, state and local laws and regulations that may affect cost, progress, performance or furnishing of the work. (d) Study and carefully correlate Proposer's observations with the contract documents, and (e) notify the Engineer of all conflicts, errors or discrepancies in the contract documents. B. DAMAGE TO OTHER UTILITIES: The contractor is responsible for notification of all utility companies prior to excavation. The contractor is responsible for the repairing of any damage to all other utilities; including but not limited to, water, gas, sanitary sewer, storm sewers and telephone cables. Missouri One Call System, Inc C. Each proposer, upon request in advance, will be provided access to the site to conduct explorations and tests as each proposer deems necessary for submission of a proposal. Proposer shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. D. The lands upon which the work is to be performed, right-of-way and easements for access thereto and other lands designated for use by contractor in performing the work are identified in the contract documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment not shown on the plans are to be provided by the contractor. E. The submission of a proposal will constitute an incontrovertible representation by proposer that without exception the proposal is premised upon performing and furnishing the work required by the contract documents and such means, methods, techniques, sequences or procedures of construction as may be indicated in or required by the contract documents, and that the contract documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions to performance and furnishing of the work.

21 5. INTERPRETATIONS AND ADDENDA: Instructions to Proposers Page 4 A. Any questions pertaining to these contract documents, plans or specifications for this project should be directed to Steve Gohring, Engineering Technician at the following number: (573) B. Interpretations or clarifications considered necessary in response to such questions will be issued by addenda mailed or delivered to all parties recorded by the Engineer as having received the bidding documents. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. C. Addenda may also be issued to modify the bidding documents as deemed advisable by the Engineer. D. The City reserves the right to reject any or all proposals and to waive technicalities. 6. PROPOSAL SECURITY: A. Each proposal must be accompanied by proposal security made payable to the City of Fulton for 5 percent of the total amount of the proposal. A certified or bank check may be used in lieu of a Bid Bond. B. The Proposal security of the successful proposer will be retained until such proposer has executed the agreement and furnished the required contract security, whereupon the propoal security will be returned. If the successful proposer fails to execute and deliver the agreement and furnish the required contract security within ten (10) days after the Notice of Award, the City may annul the Notice of Award and the proposal security of that proposer will be forfeited. 7. SUBCONTRACTORS, SUPPLIERS AND OTHERS: A. The contractor shall not assign or sublet the contract or any portion of the contract without the written approval of the City Engineer. This should include a statement of qualifications of the subcontractor and assurances that the subcontractor is legally bound to comply with all the requirements of the contract as they would apply to the prime contractor; for example, wage rates, equal employment opportunity regulations, submittal of payrolls, etc. B. No subcontract shall under any circumstances relieve the contractor or his surety of his liability and obligation under the contract, and all transactions will be made through the contractor. Subcontractors will be recognized and dealt with only as workmen and representatives of the contractor. C. If approval is given for subletting work, the contractor shall perform with his own organization work amounting to not less than fifty (50) percent of the total contract cost. The contract value of items so designated as specialty items in the contract by the special

22 Instructions to Proposers Page 5 provisions when subcontracted, may be deducted from the total contract price before computing the amount of work required to be performed by the prime contractor. D. No subcontractor may further subcontract any of his work. 8. PROPOSAL FORM: A. The Proposal Form is included with the proposal documents; additional copies may be obtained from Engineer. B. All blanks on the proposal form must be completed in ink or by typewriter. The proposal price of each item on the form must be stated in numerals. C. Proposals by corporation must be executed in the corporate name by the president or a vice-president (or other corporate office accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature. D. Proposals by partnership must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. E. All names must be typed or printed below the signature. F. The proposal shall contain an acknowledgment of receipt of all addenda (the numbers of which must be filled in on the bid form). G. The address and telephone number for communications regarding the proposal must be shown. 9. SUBMISSION OF PROPOSALS: A. Proposals shall be submitted at the time and place indicated in the notice to contractors and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the proposal is submitted) and name as well as the address of the proposer and accompanied by the proposal security and other required documents. If the proposal is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "PROPOSAL ENCLOSED" on the face of it. B. Prospective proposers are to return the proposal bond documents completed in accordance with these instructions. This document will be considered as part of the complete contract documents. C. Each proposal shall include a completed notarized anti-collusion statement.

23 10. OPENING OF PROPOSALS: Instructions to Proposers Page 6 A. Proposals will be opened and the total amount of the proposal read aloud publicly. An abstract of the individual proposal items of the base proposals and major alternatives (if any) will be made available to proposers 48 hours after the opening of proposals. 11. PROPOSALS TO REMAIN SUBJECT TO ACCEPTANCE: A. All proposals will remain subject to acceptance for sixty (60) days after the day of the proposal opening, but the City may, in its sole discretion, release any proposal and return the proposal security prior to that date. 12. AWARD OF CONTRACT: A. The City reserves the right to reject any and all proposals to waive any and all informalities not involving price, time or changes in the work and to negotiate contract terms with the successful proposer, and the right to disregard all nonconforming, nonresponsive, unbalance or conditional proposals. Also, the City reserves the right to reject the proposal of any proposer it believes would not be in the best interest of the City to make an award to that proposer, whether because the proposal is not responsive or the proposer is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by the Engineer. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. B. In evaluating proposals, the Engineer will consider, the qualifications of the proposers, whether or not the proposals comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the proposal form or prior to the Notice of Award. C. In addition, the Engineer may consider the qualifications and experience of any subcontractors, suppliers, or other persons or organizations proposed for those portions of the work as to which the identity of subcontractors, suppliers, or other persons or organizations must be submitted as provided in the supplementary conditions. The Engineer may also consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the work when such data is required to be submitted prior to the Notice of Award. D. The Engineer may conduct such investigations as deemed necessary to assist in the evaluation of any bid and to establish the responsibility, qualifications, and financial ability of proposers, proposed subcontractors, suppliers and other persons an organizations to perform and furnish the work in accordance with the contract documents to City's satisfaction within the prescribed time. E. If the contract for this project is to be awarded, it will be awarded on the basis of the proposal(s) with the lowest total bid, from the lowest responsive, responsible,

24 Instructions to Bidders Page 7 qualified proposer whose evaluation indicates to the City that the award will be in the best interest of the project and the City. F. If the contract is to be awarded, the Engineer will give the successful porposal a Notice of Award within sixty (60) days after the date of the proposal opening. G. Determination of the lowest and most responsible proposal shall be at the City's discretion based upon its knowledge and experience with this type of project. 13. CONTRACT EXECUTION DURING CONSTRUCTION: A. After a contract is awarded, any change in the scope of work must have prior approval of the City. B. The contractor will be required to furnish all Certificates of Compliance before final payment will be made. 14. NONDISCRIMINATION: A. The contractor shall accept as his operation policy the following statement, or one of equal coverage, which is designed to further the provision of equal employment opportunity to all persons without regard to their race, color, religion, sex or national origin, and to promote the full realization of equal employment opportunity through a positive continuing program: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, or national origin. Such action shall include: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenticeship, and/or on-the-job training."

25 Instructions to Proposers Page 8 PROJECT NOTES Note 1: Proposer agrees that payment will be as follows: On the 20th day of each month, the contractor shall submit a Request for Payment to the City Engineer's Office for the work performed during the month. The City Engineer shall have ten (10) days in which to approve or disapprove all or portions of the pay request. The contractor shall be paid an amount equal to the value of work submitted and approved less a retained amount of 10 percent until construction is complete. Up to 50 percent of the value of the materials received on site by providing a copy of the invoice(s) marked paid by the supplier. The balance of unit cost will be paid when installed in accordance with the monthly payment plan described above. Note 2: The undersigned agrees that if awarded the contract for the work, the contract will be signed and satisfactory bond filed within ten (10) days after award. Note 3: It is understood that this bid becomes a part of the specifications upon the signing of the contract and that failing to comply with any part of this bid will be taken as a failure to comply with said specifications and will be just cause for rejection of work. Note 4: In submitting this proposal, it is understood that the right is reserved by the City of Fulton to reject any and all proposals, to waive any irregularities in the proposing, and to increase or decrease the amount of any class or portion of the work. Note 5: In accepting this contract, contractor certifies that no employee, member, or officer of the firm or corporation is a salaried officer or employee of the City of Fulton or any of its boards or agencies, and that no salaried officer or employee of the City has any financial interest, direct or indirect, in this contract.

26 Instructions to Proposers Page 9 SPECIAL JOB PROVISIONS 1. SPECIFICATIONS: All construction shall conform to plans and specifications available in the office of the City Engineer. 2. PREVAILING WAGE: Contractor will be required to furnish an affidavit to the City of Fulton stating that he had paid the prevailing wages as set forth in Missouri State Wage Determination and fully complied with the provisions and requirements of the Missouri State Prevailing Wage Law, when federal wage rates are applicable and included. See attached Missouri Division of Labor Standards Annual Wage Order. It is agreed that all labor utilized in the construction of the aforementioned improvements shall be paid a wage of no less than the "prevailing hourly rate of wages" for work of a similar character in this locality, as established at any time by the Department of Labor and Industrial Relations of the State of Missouri for this project. Wage interviews of the contractor and subcontractor's work force will be made at random to verify that the prevailing wage rate is being paid. 3. COMPLETION TIME: The contractor's attention is directed to the fact that this construction must be completed on time as specified; random scheduling of the operation by the contractor will not be tolerated. The City Engineer has final authority to determine if the contractor is progressing in a prudent manner and at the Engineer's discretion can require the contractor to proceed with construction. 4. LIQUIDATED DAMAGES: Failure or delay in completing work on time as specified or such additional time as may be allowed by the Engineer under the contract, the amount of liquidated damages to be recovered and withheld shall be as follows: Liquidated damages per day - $ No time extension will be granted for delays caused by utility conflicts, excavations due to changing rock or excavation quantities, or contractor scheduling. 5. SUBCONTRACT: If the contractor elects to subcontract a portion of this project, then the prime contractor shall assure that the subcontractor does not subcontract a portion of his contract. Subcontractors must be approved by the City prior to commencing any work. 6. CITIZENS CLAIMS: In the event that a citizen makes a claim against the contractor or subcontractor, then the contractor shall do the following: A. Investigate a claim when notified by a citizen or the City of Fulton. B. Within a reasonable period of time after completing the investigation, the contractor shall notify the person making the claim that the contractor is approving or denying the claim or a part thereof. The City shall receive a copy of the notification.

27 Instructions to Proposers Page 10 C. Citizen claims shall not be denied for frivolous reasons. In the event the City of Fulton determines after notification by citizen that the contractor has failed to comply with the above provisions and after notifying the contractor and determining that the contractor has failed to comply with the above provisions, the City of Fulton may, in its discretion, withhold payment to the contractor until the provisions set forth above are complied with. 7. SUPERVISION: The contractor shall be required to have a superintendent or responsible foreman on the project at all times when construction is in progress. 8. CLEAN UP: The contractor will be required to clean up the project area after construction is completed.

28 SECTION 3

29 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called the Principal, and (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of Dollars ($ ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name, address and description of project) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee 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. Signed and sealed this day of 20. { { (Principal) (Seal) (Witness) { (Title) { { (Principal) (Seal) (Witness) (Title) By Attorney-in-Fact

30 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: That (Name of Contractor) (Address of Contractor) a hereinafter called (Corporation, Partnership or Individual) Principal, and (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto the City of Fulton, 18 E. 4 th. Street, P.O. Box 130, Fulton, Mo , hereinafter called OWNER, in the penal sum of Dollars, $( ) in lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of, 20, a copy of which is hereto attached and made apart hereof for the construction of the Vine Street Bridge Design-Build Project, COF NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all otherwise, then this obligation shall be void: otherwise to remain in full force and effect. PROVIDED FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunto or the specifications accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice or any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS.

31 Payment Bond Page 2 PROVIDED FURTHER, that no final settlement between the CITY and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS, WHEREOF, this instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this day of, 20. ATTEST: Principal Secretary Principal (SEAL) By (s) Witness as to Principal (Address) ATTEST: Address Surety By Attorney in Fact Witness to Surety (Address) (Address) NOTE: Date of bond must not be prior to date of contract. If contractor is partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where project is located.

32 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that (Name of Contractor) (Address of Contractor) a (Corporation, Partnership or Individual) hereinafter called Principal, and (Name of Surety) (Address of Surety) hereinafter called Surety, are held and firmly bound unto the City of Fulton, 18 E. 4 th. Street, P.O. Box 130, Fulton, MO 65251, hereinafter called OWNER, in the penal sum of Dollars, $( ) in lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, successors, and assigns jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of, 20, a copy of which is hereto attached and made apart hereof for the construction of the Vine Street Bridge Design-Build Project, COF NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the OWNER, with or without notice to the Surety and during the one year guarantee period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expense which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunto or the SPECIFICATIONS accompanying the same shall in any way. affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS.