HomeMy WebLinkAboutR-2017-011 Metro Asphalt, Inc 2017 Street Maintenance Project RESOLUTION NO. R-2017- 011
A RESOLUTION AWARDING THE BID FOR CONSTRUCTION OF THE 2017
STREET MAINTENANCE PROJECT AND APPROVING THE AGREEMENT
BETWEEN THE CITY AND METRO ASPHALT, INC. FOR CONSTRUCTION OF
SUCH PROJECT
WHEREAS,the City issued a request for bids for the construction of improvements for 2017
Street Maintenance Project (Prof. No. 316-016) ("Project"); and
WHEREAS,the City received four(4) responses to its request for bid and the proposal
submitted by Metro Asphalt, Inc. ("Metro Asphalt") in the amount of$455,480.00 has been evaluated by
the City and recommended as the most advantageous proposal for performance of the project; and
WHEREAS, the Board of Aldermen find it is in the best interest of the City to enter into a
contract with Metro Asphalt, Inc to perform the Project;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ALDERMEN OF
THE CITY OF RIVERSIDE MISSOURI AS FOLLOWS
THAT the proposal of Metro Asphalt, Inc. for the construction of the 2017 Street
Maintenance Project in the amount of$455,480.00 is hereby accepted and approved; and
FURTHER THAT an agreement by and between the City of Riverside and Metro Asphalt,
Inc. in substantially the same form as attached hereto in Exhibit "A" and incorporated herein by
reference is hereby authorized and approved; and
FURTHER THAT the project is subject to the requirements of Section 292.675 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 OSHA program. Such 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; and
FURTHER THAT the Mayor, City Administrator, City Attorney, and Finance Director are
hereby authorized to execute all documents and agreements necessary or incidental to carry out
the terms and conditions of such bid award and the City Clerk is authorized to attest thereto.
PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the
Mayor of the City of Riverside Missouri the -7 day of March, 2017.
i
+ • Kathleen L. Rose, Mayor
ATT
obin "Gid;Zit Clerk
EXHIBIT "A"
2017 Street Maintenance Project Manual
TABLE OF CONTENTS
DIVISION 0 – BIDDING AND CONTRACT DOCUMENTS
ADVERTISEMENT FOR BIDS
INFORMATION FOR BIDDERS
BID FOR UNIT PRICE CONTRACT
BID FORM
BID BOND
EXPERIENCE QUESTIONAIRE
AFFIDAVIT for WORK AUTHORIZATION
AGREEMENT
EXHIBIT A PERFORMANCE BOND
EXHIBIT B PAYMENT BOND
EXHIBIT C STATE PREVAILING WAGE RATES (MISSOURI)
EXHIBIT D TIME FOR COMPLETION
EXHIBIT E SCOPE OF WORK
EXHIBIT F TECHNICAL SPECIFICATIONS
EXHIBIT G NOTICE TO PROCEED
EXHIBIT H EXAMPLE - APPLICATION FOR PAYMENT FORM
EXHIBIT I EXAMPLE - CHANGE ORDER FORM
EXHIBIT J CERTIFICATE OF SUBSTANTIAL COMPLETION
EXHIBIT K AFFIDAVIT OF COMPLIANCE WITH THE PREVAILING WAGE LAW
EXHIBIT L CONTRACTOR AFFIDAVIT FOR FINAL PAYMENT
EXHIBIT M SUBCONTRATOR AFFIDAVIT FOR FINAL PAYMENT
EXHIBIT N ENGINEER/CONSULT. CERT. for Acceptance & Final Payment
SPECIFICATIONS
DIVISION 1 – GENERAL REQUIREMENTS
Section Description
01015 CONTRACTOR USE OF PREMISES
01030 SPECIAL CONDITIONS
01040 COORDINATION
01051 CONSTRUCTION SURVEY AND STAKING
01060 STANDARD SPECIFICATIONS AND PLANS
01270 MEASUREMENT AND PAYMENT
01310 JOB SITE ADMINISTRATION
01320 CONSTRUCTION SCHEDULE
01330 SUBMITTALS
01410 TESTING LABORATORY SERVICES
01524 WASTE AREA, MATERIAL STORAGE AND SITE APPEARANCE
01567 POLLUTION CONTROL
01570 TEMPORARY TRAFFIC CONTROL
01732 DEMOLITION
DIVISION 2 – SITEWORK
Section Description
02230 CLEARING AND GRUBBING
02300 EARTHWORK
02350 EROSION AND SEDIMENT CONTROL
02510 ASPHALT PAVEMENTS
02520 PORTLAND CEMENT CONCRETE PAVING
02870 PAVEMENT MARKINGS
03002 CONCRETE
DIVISION 0 - BIDDING AND CONTRACT DOCUMENTS
5
CITY OF RIVERSIDE, MISSOURI
ADVERTISEMENT FOR BIDS
Separate sealed bids for the 2017 STREET MAINTENANCE_PROJECT (Project No. 316-016) will
be received by the City Clerk at Riverside City Hall, 2950 NW Vivion Road, Riverside, Missouri until
10:00 A.M., on February 21, 2017, with no pre-bid and then publicly opened and read aloud at
Riverside City Hall.
The Information for Bidders, Form of Bid, Agreement, Specifications, and Forms of Bid Bond,
Performance and Payment Bond, and other Contract Documents may be examined at the office of the
City Engineer at the above city hall address. Copies may also be obtained at the above city hall
address. You can also view the Information for bidders and advertisement on the City of Riverside’s
website http://www.riversidemo.com/rfps.
The City reserves the right to waive any informality or to reject any or all bids. Each bidder must
deposit a bid security in the amount, form and subject to the conditions provided in the Information for
Bidders. No bidder may withdraw a bid within 90 days after the actual date of the opening thereof.
Attention of bidders is particularl y called to the requirements as to conditions of employment to be
observed and minimum wage rates to be paid under the agreement, Section 3-DBE, Segregated
Facility, Section 109, and E.O. 11246. MBE and WBE bidders are encouraged to bid.
Dated: February 6, 2017
6
CITY OF RIVERSIDE, MISSOURI
INFORMATION FOR BIDDERS
The City of Riverside, Missouri (the “City”) invites sealed bids on the forms contained in the Bid
Package and Contract Documents for the
2017 STREET MAINTENANCE_PROJECT
(Project No. 316-016
1. Receipt and Opening of Bids. Bids will be received by the City at the office of the City Clerk, Riverside
City Hall, 2950 NW Vivion Road, Riverside, MO 64150, until 10:00 a.m. on February 21, 2017, at which
time all sealed bids will be publicly opened and read in the presence of one or more witnesses. The envelope(s)
containing the bids must be sealed, clearly marked on the outside of the envelope “2017 STREET
MAINTENANCE_PROJECT (Project No. 316-016)” and addressed to the City Clerk at Riverside City
Hall.
The City reserves the right to award the contract by sections, to accept or reject any and all bids, to waive any
technicalities or irregularities therein, to determine in its sole discretion the lowest responsive and responsible
bidder, and to award the contract on such basis. Any bid may be withdrawn at the request of the bidder for
return of the bid packet submitted by filing a written request with the City Clerk prior to the above scheduled
time for the opening of bids or authorized postponement thereof. Any bid received after the time and date
specified shall not be considered. No bidder may withdraw a bid within 90 days after the actual date of the
opening thereof without forfeiture of the Bid Security.
2. There will not be a Pre-Bid Meeting.
3. Rejection of all Bids. If the City rejects all Bids, the City may: (1) re-advertise or re-solicit Bids following
the City’s normal bidding procedure; or (2) use an expedited Bid submission schedule when the City determines
that the delay would not be in the best interest of the project or the City.
BIDDER AGREES THAT REJECTION SHALL CREATE NO LIABILITY ON THE PART OF THE CITY
BECAUSE OF SUCH REJECTION, AND THE SUBMISSION OF ANY BID IN RESPONSE TO THIS
INVITATION SHALL CONSTITUTE AN AGREEMENT OF THE BIDDER TO THESE CONDITIONS.
4. Preparation and Submission of Bid. Each bid must be submitted on the prescribed form(s) and
accompanied by:
(1) Qualifications of Bidder (Experience Questionnaire) with Certificate of Good Standing
(2) Affidavit of Work Authorization with E-Verify attached (2 pages)
(3) Bid Security 5% - Bid for Unit Price
(4) Bid Bond
(5) Bid Form
All blank spaces for bid prices must be filled in, in ink or typewritten, in both words and figures, and the
foregoing Certifications must be fully completed and executed when submitted. On alternate items for which a
bid is not submitted, a written indication of "no bid" on the bid form is required. No oral, electronic, facsimile
or telephonic bids or alterations will be considered.
A complete set of the bidding documents are on file for examination at the office of the City Engineer at
Riverside City Hall or on the City of Riverside’s website http://www.riversidemo.com/rfps. A copy the bidding
documents may be obtained from Riverside City Hall, Telephone 816-741-3993.
7
CONTRACTORS SHOULD READ AND BE FULLY FAMILIAR WITH ALL BIDDING AND CONTRACT
DOCUMENTS BEFORE SUBMITTING A BID. IN SUBMITTING A BID, THE BIDDER WARRANTS
THAT IT HAS READ THE BIDDING AND CONTRACT DOCUMENTS AND IS FULLY FAMILIAR
THEREWITH, THAT CONTRACTOR HAS VISITED THE SITE OF THE WORK TO FULLY INFORM
ITSELF AS TO ALL EXISTING CONDITIONS AND LIMITATIONS, AND CONTRACTOR HAS
INCLUDED IN THE BID A SUM TO COVER THE COST OF ALL ITEMS OF THE WORK.
The submission of a bid will constitute an incontrovertible representation by the bidder that the Bid Documents are
sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of
the work.
Bids by a corporation must be executed in the corporate name by the president or a vice-president (or other
corporate officer 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 shall be shown below the signature.
Bids by a 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.
5. Addenda and Interpretations: No interpretation of the meaning to the specifications, or other pre-bid
documents will be made to any bidder orally. Every request for such interpretation should be in writing
addressed to:
City Engineer, City of Riverside: Travis Hoover; thoover@riversidemo.com or 816-372-9004
and to be given consideration must be received at least five (5) calendar days prior to the date fixed for the
opening of bids.
Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the
Bid Documents which, if issued, will be either hand delivered by a deliverer with receipt of delivery, or mailed
by the fastest delivery method available via registered mail or overnight delivery, and may also be mailed
electronically or faxed to all prospective bidders recorded as having received the Bid Documents, not later than
three (3) calendar days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such
addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All
addenda so issued shall become part of the Contract Documents. Addenda may also be issued to modify the Bid
Documents as deemed advisable by the City. At the time of Bid submission, each Bidder shall verify that it has
considered all written addenda. No one is authorized to make any clarifications, interpretations or
modifications or give any instructions to the bidders during the bidding period except as described in this
Section.
6. Substitute Material and Equipment: The contract, if awarded, will be on the basis of material and
equipment described in the drawings or specified in the specifications without consideration of possible
substitute of "or-equal" items. Whenever it is indicated in the drawings or specified in the specifications that a
substitute "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to City,
application for such acceptance will not be considered by City until after the "effective date of the Agreement".
7. Subcontracts: The bidder shall submit to the City with the Bid a list of all proposed sub-contractors to be
used on the project. The list shall indicate those portions of the work each sub-contractor will be performing.
The Contractor shall also submit a list of suppliers of major materials to be used on the project. The list shall
indicate which materials each supplier is furnishing.
8
The Bidder must be capable of demonstrating to the satisfaction of City that bidder has the capability at the time
of submission of the bid to manage or perform all of the Work required to be performed on the project by
Contractor under the Agreement.
8. Qualifications of Bidder (Experience Questionnaire): The City may make such investigations as it deems
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, 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. Conditional
bids will not be accepted. At a minimum, each Bidder must submit the following information with the Bid:
Authority to Do Business in Missouri. Each bid must contain evidence of bidder's qualification and
good standing to do business in the State of Missouri or covenant to obtain such qualification prior
to award of the contract.
Key Personnel. Identify the following Key Personnel proposed for the Project. (NOTE: Key
Personnel must be committed to the Project for its duration, and may not be removed or substituted
without the City’s prior written consent.)
GC Project Manager
On-Site Field Superintendent
QC/QA Manager
Safety Officer
For each of the Key Personnel, provide the following background information:
• Years of employment with current employer;
• Other projects this person will be involved with concurrently with the project;
• Provide professional registrations, education, certifications and credentials held by the
person that are applicable to the Project.
Quality Assurance/Quality Control Plan. Provide a summary of Bidder’s Quality Assurance/Quality
Control Plan for this project
• Describe key issues that might affect the Project schedule and how Bidder proposes to address
them
• Provide a statement regarding all work performed two (2) years immediately preceding the date
of the Bid that contains either (a) any written notices of violations of any federal or state
prevailing wage statute in which prevailing wage penalties were assessed against the Bidder or
paid by the Bidder; or (b) a statement that there have been no such written notices of violations
or such penalties assessed
Statement of Assurances. Provide affirmation of the following items:
• Statement that Bidder is current on payment of Federal and State income tax withholdings and
unemployment insurance payments
• Statement that the Bidder has not been rescinded or debarred from any bidding, contractual,
procurement or other such programs by federal state or local entities.
• Statement of Bidder’s litigation and/or arbitration history over the past seven (7) years including
final ruling. Pending cases must be disclosed with a notation that the matter is still unresolved.
• Statement of Bidder’s bond history over the past seven (7) years including any incidences of
failure to perform.
9
• Provide sworn affidavits as outlined in the Information to Bidders’ concerning Bidder’s
participation in the federal work authorization program.
• Statement that there is no collusion or fraud with reference to illegal relationships of bidders
and representatives of the City, bid pooling or strawbids
9. Bid Security: Each bid must be accompanied by a bid bond payable to the City for five percent (5%) of the
total amount of the bid. A certified check made payable to “The Treasurer of the City of Riverside” may be
used in lieu of a bid bond. Attorneys-in-fact who sign bid bonds must file with each bond a certified and
effectively dated copy of their power of attorney.
As soon as the bid prices have been compared, the City will return the bonds of all except the three (3) lowest
responsible bidders. The bid bond of the remaining bidders will be retained by the City until the earlier of (a) the
91st day after the bid opening, or (b) execution and delivery of the Agreement together with all bonds, evidence
of insurance, work authorization affidavit and other documents required under the Agreement by the bidder to
whom Notice of Award is given. The Bid Security shall be forfeited to the City if the bidder to whom an award
is made fails to enter into the required contract or fails to deliver the required performance or payment bonds.
10. Liquidated Damages for Failure to Enter into Agreement: If the Bidder fails or refuses to execute the
Agreement and deliver such additional documentation within ten (10) days of Notice of Award, any Bid
Security shall immediately become due and payable and forfeited to the City as liquidated damages. Bidders
agree that this is a fair and reasonable approximation of the actual damages incurred by the City for the Bidder’s
failure to honor its bid and that the liquidated damages in this Section are not penal in nature but rather the
parties’ attempt to fairly quantify the actual damages incurred by the City for the Bidder’s refusal to honor its
bid.
11. Time of Completion and Liquidated Damages: Bidder must agree to commence work on or before a date
to be specified in a written "Notice to Proceed" of the City and to fully complete the project by 6/30/2017.
Bidder must agree also to pay as liquidated damages, the sum of $500 for each consecutive calendar day
thereafter as hereinafter provided in the Agreement and Contract Documents. No time extensions will be
granted, except in case of unusual (unseasonable) weather conditions or additional work requested by the City.
Bidder agrees that the sum of $500 per day is a fair and reasonable approximation of the actual damages
incurred by the City for the Bidder’s failure to complete the project within the time outlined above and
that such liquidated damages in this Section are not penal in nature but rather the parties’ attempt to
fairly quantify the actual damages incurred by the City for such delays.
12. Conditions of Work: Each bidder must inform himself fully of the conditions relating to the construction
of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of its
obligation to furnish all material and labor necessary to carry out the provisions of the contract. Insofar as
possible the Contractor, in carrying out the work, must employ such methods or means as will not cause any
interruption of or interference with the work of any other contractor.
13. Laws and Regulations: The bidder's attention is directed to the fact that all applicable State laws,
municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the
project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as
though herein written out in full.
14. Method of Award - Lowest Responsible Bidder: If at the time this contract is to be awarded, the lowest
bid submitted by a responsible bidder does not exceed the amount of funds then estimated by the City as
available to finance the contract; the contract will be awarded to the “lowest responsible bidder”. If such bid
exceeds such amount, the City may reject all bids or may award the contract on such items as identified by and
10
deemed in the best interest of the City, in its sole discretion, as produces a net amount which is within the
available funds. Discrepancies between words and figures will be resolved in favor of words. Discrepancies
between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the
correct sum.
If this solicitation includes Bid Alternates, the City, in its sole discretion, may include any, all or none of the
Alternates in determining the lowest responsible Bid. The City may include the Alternates in any combination
and in any order or priority as deemed in the best interest of the City. The City may make this determination at
any time after bid closing and prior to contract award. The City will act in the best interest of the City in
determining whether to include any, all or none of the Alternates and the combination and priority of any
Alternates selected. If additional funding becomes available after Contract award, the City may add any or all of
the Alternates to the Agreement by Change Order.
The City may consider the qualifications and experience of subcontractors and other persons and organizations
(including those who are to furnish the principal items of material or equipment) proposed for portions of the
work. Operating costs, maintenance considerations, performance data and guarantees of materials and
equipment may also be considered by the City.
The City reserves the right to reject any and all bids, to waive any and all informalities, and the right to
disregard all nonconforming, non-responsive or conditional bids. In evaluating bids, the City shall consider the
qualifications of the bidders, whether or not the bids comply with the prescribed requirements, and alternates
and unit prices if requested in the Bid.
The City may conduct such investigations as it deems necessary to assist in the evaluation of any bid and to
establish the responsibility, qualifications and financial ability of the bidders, proposed subcontractors and other
persons and organizations to do the work in accordance with the Contract Documents to the City’s satisfaction
within the prescribed time.
The City reserves the right to reject the bid of any bidder who does not pass any such evaluation to the City’s
satisfaction.
If the contract is to be awarded, it will be awarded to the lowest responsible bidder whose evaluation, in the sole
determination by the City, indicates to the City that the award will be in the best interests of the project.
15. Obligation of Bidder: At the time of the opening of bids, each bidder will be presumed to have inspected
the site and to have read and to be thoroughly familiar with the Contract Documents (including all addenda).
The failure or omission of any bidder to examine any form, instrument, or document shall in no way relieve any
bidder from any obligation in respect to the bid submitted. On request, City will provide each Bidder access to
the site to conduct such investigations and tests as each Bidder deems necessary for submission of his bid.
REJECTION OF BID SHALL CREATE NO LIABILITY ON THE PART OF THE CITY OF RIVERSIDE,
MISSOURI BECAUSE OF SUCH REJECTION, AND THE FILING OF ANY BID IN RESPONSE TO THIS
INVITATION SHALL CONSTITUTE AN AGREEMENT OF THE BIDDER TO THIS CONDITION.
16. Federal Work Authorization Program Participation: Bidders are informed that pursuant to Section
285.530, RSMo, as a condition of the award of any contract in excess of five thousand dollars ($5,000), the
successful bidder 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. The affidavit shall further provide that the successful bidder does not knowingly employ
any person who is an unauthorized alien in connection to the contracted services.
11
17. Proof of Lawful Presence: RSMo 208.009 requires that contractors provide affirmative proof that the
Contractor is a citizen or permanent resident of the United States or is lawfully present in the United States.
Affirmative proof can be established through a Valid Driver’s License; US Birth Certificate (certified with an
embossed, stamped or raised seal issued by a state or local government – hospital certificates are not
acceptable); US Passport (valid or expired); US Certificate of Citizenship, Naturalization or Birth Abroad; US
Military Identification Card or Discharge Papers accompanied by a copy of US Birth Certificate issued by a
state or local government.
18. Safety Standards and Accident Prevention: With respect to all work performed under this contract, the
Contractor shall:
a. Comply with the safety standards provisions of applicable laws, building and construction codes, and
the "Manual of Accident Prevention in Construction" published by the Associated General Contractors
of America, the requirements of the Occupational Safety and Health Act of 1970 (Public Law 91-596),
and the requirements of Section 292.675, RSMo
b. Exercise every precaution at all times for the prevention of accidents and the protection of persons
(including employees) and property.
c. Maintain at Contractor’s office or other well known place at the job site, all articles necessary for
giving first aid to the injured, and shall make arrangements for the immediate removal to a hospital or a
doctor's care of persons (including employees), who may be injured on the job site.
d. Bidders are informed that the Project is subject to the requirements of Section 292.675, 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
OSHA program. The training must be completed within sixty (60) days of the date of 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.
19. Prevailing Wage: Wage rates for the project shall be not less than the prevailing wage rates for Platte
County currently in effect as determined by the Division of Labor Standards of the State of Missouri, pursuant
to RSMo 290.210 et seq. The Contractor will forfeit a penalty to the City of $100 per day, or portion thereof,
for each worker that is paid less than the prevailing rate for any work done under the contract by the Contractor
or any Subcontractor.
20. Reserved
21. American Products: Pursuant to RSMo 34.353, any manufactured good or commodities used or supplied
in the performance of the contract (or subcontract) shall be manufactured or produced in the United States,
unless determined to be exempt as provided in state law.
22. Transient Employers: Pursuant to RSMo 285.230, every transient employer (employer not domiciled in
Missouri) must post in a prominent and easily accessible place at the work site a clearly legible copy of the
following: 1) Notice of registration for employer withholding issued by the Missouri Director of Revenue, 2)
Proof of coverage for workers’ compensation insurance or self-insurance verified by the Missouri Department of
Revenue through the records of the Division of Workers Compensation; and 3) Notice of registration for
unemployment insurance issued to such employer by the Division of Employment Security. Contractor shall be
liable for a penalty of $500.00 per day until such notices required by RSMo 285.230 et seq. are posted.
12
23. Current City Business License: The successful bidder, and all subcontractors, shall obtain a current city
business license prior to beginning construction.
24. Sales Tax Exemption Certificate: The City will supply the Contractor with a Project Exemption
Certificate for use in purchasing materials and supplies used on the project. The Contractor shall, in preparing
its bid, omit from its computed costs all sales and use taxes related to the purchase of materials or other tangible
personal property incorporated into or consumed in the construction of the Project.
25. Non Discrimination and Equal Opportunity: Contractor shall ensure that all employees are treated
equally without regard to their race, color, religion, sex, age, handicap or national origin. The City hereby
notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this bid, socially
and economically disadvantaged business enterprises will be afforded full opportunity to submit bids in response
to this invitation and will not be discriminated against on the grounds of race, color, religion, sex, age, ancestry
or national origin in consideration for an award. The City of Riverside is an equal opportunity employer and
encourages minority, women and disadvantaged contractors to submit bids.
26. Security for Payment and Faithful Performance: Simultaneously with delivery of the executed contract,
the Contractor shall furnish a surety bond or bonds as security for faithful performance of this contract and for
the payment of all persons performing labor on the project under this contract and furnishing materials in
connection with this contract. The Bond furnished by bidder shall contain the requirements and conditions set
forth in and shall comply in all respects with Section 107.170 RSMo and other applicable legal requirements.
The surety on such bond or bonds shall be a duly authorized surety company satisfactory to the City and shall
have a rating of at least “A-” from Best’s in an amount equal to one hundred percent (100%) of the contract
price that does not include the cost of operation, maintenance and money. Attorneys-in-fact who sign contract
bonds must file with each bond a certified and effectively dated copy of their power of attorney.
27. Signing of Agreement: When City gives a Notice of Award to the successful bidder, it will be accompanied
by the required number of unsigned counterparts of the Agreement and all other Contract Documents. Within ten
(10) days thereafter Contractor shall sign and deliver at least three (3) counterparts of the Agreement to City with
all other Contract Documents attached and signed as required, together with the required bonds, evidence of
insurance, city licenses and work authorization affidavit and documentation. Within ten (10) days thereafter City
will deliver all fully signed counterparts to Contractor. The City may issue a Notice to Proceed with or at any time
after delivery of signed counterparts to Contractor.
28
E. “City Engineer” employed by the City of Riverside to manage the project on behalf of the
City: Travis Hoover (thoover@riversidemo.com) 816-372-9004.
F. “Subcontractor” A person, firm or corporation supplying labor and materials or only labor
for the work at the site of the project for, and under separate contract or agreement with the Contractor.
G. “Substantial Completion” The stage in the progress of the Work where the Work or
designated portion is sufficiently complete in accordance with the Contract Documents so that the City
can occupy or utilize the Work for its intended use.
H. “Work” or “Work on the Project” Work to be performed at the location of the project,
including the transportation of materials and supplies to or from the location of the project by
employees of the Contractor and any Subcontractor. Work shall include all labor, services, materials,
supplies, tools, equipment, supervision, management, and anything else necessary to accomplish the
results and objectives described in Exhibit E (Scope of Work) and Exhibit F (Technical Specifications)
to this Agreement and the other Contract Documents, in full compliance with all requirements set forth
in the Contract Documents, subject to additions, deletions, and other changes as provided for in this
Agreement. The Work may refer to the whole Project, or only a part of the Project if work on the
Project also is being performed by City or others.
I. “Written Notice” Any notice delivered hereunder and the service thereof shall be deemed
completed when sent by certified or registered mail to the other party at the address set forth herein, or
delivered in person to said party or their authorized representative on the work.
ARTICLE II
THE PROJECT AND THE WORK
A. Contractor shall provide and pay for all Work for the Project.
B. Contractor represents that it has evaluated and satisfied itself as to all conditions and
limitations under which the Work is to be performed, including, without limitation, (1) the location,
condition, layout, and nature of the Project site and surrounding areas, (2) generally prevailing climatic
conditions, (3) labor supply and costs, and (4) availability and cost of materials, tools, and equipment.
City shall not be required to make any adjustment in either the Contract Amount or the time for
performance of the Work because of Contractor’s failure to do so.
C. The City Engineer shall act as the City’s representative during the construction period,
shall decide questions which may arise as the quality and acceptability of materials furnished and work
performed, and shall interpret the intent of the contract documents in a fair and unbiased manner. The
City Engineer may recommend, but cannot approve Change Orders resulting in an increase in time of
performance or payments due to Contractor. The City Engineer will make visits to the site and
determine if the Work is proceeding in accordance with the Contract Documents. The Contractor will
be held strictly to the intent of the Contract Documents in regard to the quality of materials,
workmanship, and execution of the Work. Inspections may be at the factory or fabrication plant of the
source of the material supply. The City Engineer will not be responsible for the construction means,
controls, techniques, sequences, procedures or construction safety.
30
ENTITLED TO, PAYMENT EXCEEDING THIS AMOUNT UNLESS CITY DIRECTS
CONTRACTOR TO PERFORM ADDITIONAL WORK IN ACCORDANCE WITH THIS
AGREEMENT, AND CITY ENACTS ANOTHER RESOLUTION OR ORDINANCE
AUTHORIZING THE AMOUNT CITY AGREES TO PAY UNDER THIS AGREEMENT.
ARTICLE IV
PROGRESS OF WORK /SUBMITTALS
A. COMMENCEMENT OF WORK. The date of beginning and the time for completion of
the work are essential conditions of the Contract Documents. Contractor shall commence performance
of the Work on the date indicated in a written notice (“Notice to Proceed”) that shall be given by City
to Contractor.
B. TIME FOR COMPLETION. Contractor shall achieve Substantial Completion, as defined
in Article I hereof, no later than 6/30/2017. The Contractor will proceed with the work at such rate of
progress to ensure Substantial completion within the contract time. It is expressly understood and
agreed, by and between the Contractor and the City, that the contract time to achieve Substantial
Completion of the work described herein is a reasonable time, taking into consideration the average
climatic and economic conditions and other factors prevailing in the locality of the Work. No
extensions will be granted, except in case of unusual (unseasonable) weather conditions or additional
work requested by the City under Change Order. Following Substantial Completion, Contractor shall
proceed to complete all uncompleted Work items as promptly as permitted by weather conditions or
any other conditions affecting completion of the Work.
C. LIQUIDATED DAMAGES. If Contractor fails to achieve Substantial Completion of all
the Work as set forth in the Contract Documents, Contractor shall pay City $500.00 per day, as
liquidated damages and not as a penalty, for each calendar day after such date, until Substantial
Completion of all the Work is achieved. Contractor agrees that the sum of $500.00 per day is a fair
and reasonable approximation of the actual damages incurred by the City for the Contractor’s failure to
complete the project within the time outlined above and that such liquidated damages in this section
are not penal in nature but rather the parties’ attempt to fairly quantify the actual damages incurred by
or the City for such delays. Recovery of liquidated damages is not City’s exclusive remedy for
Contractor’s failure to achieve Substantial Completion in accordance with this Agreement.
Specifically, but without limitation, City may exercise any of its default or termination rights under
this Agreement under all circumstances described herein, including but not limited to Contractor’s
failure to achieve Substantial Completion in accordance with Paragraph B above. Contractor shall not
be charged with liquidated damages or any excess cost when the delay in completion of the Work is
due to unforeseen causes beyond the control and without the fault or negligence of the Contractor,
including but not restricted to, acts of God, or the public enemy, acts of the City, acts of another
Contractor in the performance of a contract with the City, fires, floods, epidemics, quarantine
restrictions, strikes, freight embargoes and abnormal and unforeseeable weather provide the Contractor
has given written notice of such delay to the City within five (5) days of the event causing such delay.
D. TIME OF THE ESSENCE. Time is of the essence in the performance of the Work and
any other Contractor obligations under the Contract Documents. Contractor shall upon commencement
of construction work daily to complete the Work except for Saturdays, Sundays, holidays, and days of
31
inclement weather. This Paragraph does not preclude Contractor from working Saturdays, Sundays,
holidays, or days of inclement weather. Contractor shall give the City at least 48 hours notice if
intending to work on Saturday, Sunday, holidays or days of impending inclement weather.
E. CONSTRUCTION SCHEDULE. Promptly after the execution of this Agreement, and in
any event before commencing performance of the Work, Contractor shall submit to City for approval a
construction schedule that specifies the dates on which Contractor plans to begin and complete various
parts of the Work, including dates on which information and approvals are required from City. Upon
City’s written approval of the schedule, Contractor shall comply with it unless directed by City to do
otherwise. Contractor shall update the schedule on a monthly basis or at more frequent appropriate
intervals if required by the conditions of the Work and the Project. With each Application for Payment
under Article VI of this Agreement, Contractor shall submit an updated, current schedule. Neither the
original schedule nor any update shall exceed time limits for the entire Project under the Contract
Documents.
F. PHOTOGRAPHS OF PROJECT. The Contractor shall furnish photographs of the project
site in the number, type, and stage as enumerated below:
1. Pre-Construction photos - minimum of 15 ground level digital shots
2. Construction photos of significant changes - minimum of 15 ground level digital shots
3. Post Construction photos - minimum of 15 ground level digital shots
G. DELAY IN PERFORMANCE. In the event the City determines that performance of the
Work is not progressing as required by the Contract Documents or that the Work is being
unnecessarily delayed or will not be finished within the prescribed time, the City may, in the City’s
sole discretion and in addition to any other right or remedy City may have, require Contractor, at
Contractor’s sole cost, to accelerate Contractor’s progress. Such acceleration shall continue until the
progress of the Work complies with the Contract Documents and clearly indicates that all Work will be
completed within the prescribed time.
H. SUSPENSION OF WORK. The City may suspend the work or any portion thereof for a
period of not more than ninety (90) days or such further time as agreed upon by the Contractor, by
written notice to the Contractor which shall fix the date on which work shall be resumed. The
Contractor will resume that work on the date so fixed. The Contractor will be allowed an increase in
the contract price or an extension of the contract time, or both, directly attributable to any suspension
I. DRAWINGS AND SPECIFICATIONS. The intent of the drawings and specifications is
that the Contractor shall furnish all labor, materials, tools, equipment and transportation necessary for
the proper execution of the work in accordance with the Contract Documents and all incidental work
necessary to complete the project in an acceptable manner, ready for use, occupancy or operation by
the City. In case of conflict between the drawings and specification, the specifications shall govern.
Figure dimensions on drawings shall govern over general drawings. Any discrepancies found between
the drawings and specifications and site conditions or any inconsistencies or ambiguities in the
drawings or specifications shall be immediately reported to the City Engineer in writing, who shall
promptly correct such inconsistencies or ambiguities in writing. Work done by the Contractor after
discovery of such discrepancies, inconsistencies or ambiguities shall be done at the Contractor’s risk.
J. SHOP DRAWINGS. Contractor shall submit to City Engineer for review all shop
32
drawings, samples, product data, and similar submittals required by the Contract Documents.
Contractor shall be responsible to City for the accuracy and conformity of its submittals to the Contract
Documents. Shop drawings shall bear the Contractor’s certification that it has reviewed, checked and
approved the shop drawings and that they are in conformance with the requirements of the Contract
Documents. Contractor shall prepare and deliver its submittals to City in a manner consistent with the
construction schedule and in such time and sequence so as not to delay performance of the Work.
Portions of the work requiring a shop drawing or sample submission shall not begin until the shop
drawing or submission has been reviewed by the City Engineer. Review of any Contractor submittal
shall not be deemed to authorize deviations, substitutions, or changes in the requirements of the
Contract Documents unless express written approval is obtained from City specifically authorizing
such deviation, substitution, or change. When submitted for the City Engineer’s review, any shop
drawing which substantially deviates from the requirement of the Contract Documents shall be
evidenced by a Change Order. If the Contract Documents do not contain submittal requirements
pertaining to the Work, Contractor agrees upon request to submit in a timely fashion to City for review
by City Engineer any shop drawings, samples, product data, manufacturers’ literature, or similar
submittals as may reasonably be required by City. Contractor shall perform all Work strictly in
accordance with approved submittals. City Engineer’s review does not relieve Contractor from
responsibility for defective work resulting from errors or omissions of any kind on the reviewed
submittals. A copy of each shop drawing and each sample shall be kept in good order by the
Contractor at the site and shall be available to the City Engineer.
K. MATERIALS, SERVICES AND FACILITIES. It is understood that except as otherwise
specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials,
labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any
nature, and all other services and facilities of any nature whatsoever necessary to execute, complete,
and deliver the work within the specified time. Materials and equipment shall be so stored as to insure
the preservation of their quality and fitness for the work. Stored materials and equipment to be
incorporated in the work shall be located so as to facilitate prompt inspection. Manufactured articles,
materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned
as directed by the manufacturer. Material, supplies and equipment shall be in accordance with
samples submitted by the Contractor and approved by the City Engineer. Materials, supplies or
equipment to be incorporated into the work shall not be purchased by the Contractor or by any
Subcontractor subject to a chattel mortgage or under a conditional sale contract or other agreement by
which an interest is retained by the seller.
L. INSPECTION AND TESTING OF MATERIALS. All materials and equipment used in
the construction of the project shall be subject to adequate inspection and testing in accordance with
generally accepted standards, as required and defined in the Contract Documents. The Contractor shall
provide at the Contractor’s expense the testing and inspection services required by the Contract
Documents. The City shall provide all inspection and testing services not required by the Contract
Documents. If the Contract Documents, laws, ordinances, rules, regulations or orders of any public
authority having jurisdiction require any work to specifically be inspected, tested or approved by
someone other than the Contractor, the Contractor will give the City Engineer timely notice of
readiness. The Contractor will then furnish the City Engineer the required certificates of inspection,
testing approval. Inspections, tests or approvals by the City Engineer or others shall not relieve the
Contractor from the obligation to perform the work in accordance with the requirements of the
Contract Documents. The City Engineer and the City’s representatives will at all times have access to
33
the work. In addition, authorized representatives and agents of any participating Federal or State
agency shall be permitted to inspect all work, materials, payrolls, records or personnel, invoices of
materials and other relevant data and records. The Contractor will provide proper facilities for such
access and observation of the work and also for any inspection or testing thereof.
If any work is covered prior to inspection by the City Engineer it must, if requested by the
City Engineer, be uncovered for the City Engineer’s observation and replaced at the Contractor’s
expense. If the City Engineer considers it necessary or advisable that covered work be inspected or
tested by others, the Contractor, at the City Engineer’s request, will uncover, expose or otherwise make
available for observation, inspection or testing as the City Engineer may require, that portion of the
work in question, furnishing all necessary labor, materials, tools and equipment.
M. CORRECTION OF WORK. The Contractor shall promptly remove from the premises all
work rejected by the City Engineer for failure to comply with the contract documents, whether
incorporated in the construction or not, and the Contractor shall promptly replace and re-execute the work
in accordance with the contract documents and without expense to the owner and shall bear the expense of
making good all work of other Contractors destroyed or damaged by such removal or replacement. All
removal and replacement work shall be done at the Contractor’s expense. If the Contractor does not take
action to remove such rejected work within ten (10) days after receipt of written notice, the City may
remove such work and store the materials at the expense of the Contractor.
N. SUBSTITUTIONS. Whenever a material, article, or piece of equipment is identified on
the drawings and specifications by referenced to brand name or catalog numbers, it shall be understood
that this is referenced for the purpose of defining the performance or other salient requirements and
that other products of equal capacitates, quality and function shall be considered. The Contractor may
recommend the substitution of material, article or piece of equipment of equal substance and function
for those referred to in the Contract Documents by referenced to brand name or catalog number, if, in
the opinion of the City, such material, article or piece of equipment is of equal substance function to
that specified, the City may approve, in writing, its substitution and use by the Contractor. Any cost
differential shall be deductible from the contract price and in such event the Contract Documents shall
be modified by Change Order. The Contractor warrants that if substitutes are approved, no major
changes in the function or general design of the project will result. Incidental changes or extra
component parts required to accommodate the substitute will be made by the Contractor without a
change in the contract price or contract time.
O. LANDS & RIGHT OF WAY. Prior to issuance of Notice to Proceed, the City shall
obtain all lands and rights-of-way necessary for the carrying out and completion of Work to be
performed pursuant to the Contract Documents, unless otherwise mutually agreed by the Contractor
and City, in writing. The City shall provide to Contractor information which delineates and describes
the lands owned and right of way acquired. The Contractor shall provide at its own expense and
without liability to the Owner any additional land and access thereto that the Contractor may desire for
temporary construction facilities, or for storage of materials.
P. SURVEYS, PERMITS AND REGULATIONS. The City shall furnish all boundary
surveys and establish all base lines for locating the principal component parts of the work together with
a suitable number of bench marks adjacent to the work as shown in the Contract Documents. From the
information provided by the City, unless otherwise specified in the Contract Documents, the
Contractor shall develop and make all detail surveys needed for construction such as slope stakes,
34
batter boards, stakes for pipe locations and other working points, lines, elevations and cut sheets.
The Contractor shall carefully preserve bench marks, reference points and stakes and, in
case of willful or careless destruction, shall be charged with the resulting expense and shall be
responsible for any mistake that may be caused by their unnecessary loss or disturbance.
Permits and licenses of temporary nature necessary for the prosecution of the work shall
be secured and paid for by the Contractor unless otherwise stated in the supplemental general
conditions. Permits, licenses and easements for permanent structures or permanent changes in existing
facilities shall be secured and paid for by the City, unless otherwise specified. The Contractor shall
give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of
the work as drawn and specified. If the Contractor observes that the Contract Documents are at
variance therewith, the Contractor shall promptly notify the City in writing, and any necessary changes
shall be adjusted as provided in Article VII changes in the work.
Q. SUBSURFACE CONDITIONS. The Contractor, before bidding the project, has the
responsibility to become familiar with the Project site and the conditions under which work will have
to be performed during the construction period. Excavating for foundations of surface structure:
buildings, bridges, tanks, towers, retaining walls and other t ypes of surface structures. The Contractor
shall promptly, and before such conditions are disturbed (excepting an emergency), notify the City by
written notice of subsurface or latent physical conditions at the site differing materially from those
indicated in the Contract Documents. Contractor shall also be required to notify City of any unknown
physical conditions at the site of unusual nature, differing materially from those ordinarily encountered
and generally recognized as inherent in work of the character provided for in the Contract Documents
at the location of the Project. The City shall investigate the conditions, and if it is found that such
conditions do so materially differ and cause an increase or decrease in the cost of, or in the time
required for, performance of the Work, the Contract Documents may be modified by Change Order as
provided in Article VII. Any claim of the Contractor for adjustment hereinafter shall not be allowed
unless the required written notice has been given; provided that the City may, if the City determines
the facts so justify consider and adjust any such claims asserted before the date of the final paym ent.
Excavating for below-surface structures: water mains, sewers, power and telephone cables and other
types of below surface structures. No extra compensation will be paid for rock excavation or varying
geologic features encountered on the project, unless so shown as a bid item in the Bid Schedule for bid.
If man-made hazards are encountered b y the Contractor, excluding utilities, which are not visible from
the surface, such as buried concrete foundations, buried garbage dumps that cannot be by-passed and
requires additional work consult the Resident Project Representative / City Engineer.
R. SUPERVISION BY CONTRACTOR. The Contractor will supervise and direct the work.
The Contractor will be solely responsible for the means, methods, techniques, sequences and
procedures of construction. The Contractor will employ and maintain on the work a qualified
supervisor or superintendent who shall have been designated in writing by the Contractor or the
Contractor’s representative at the site. The supervisor shall have full authority to act on behalf of the
Contractor and all communications given to the supervisor shall be a binding as if given to the
Contractor. The supervisor shall be present on the site at all times as required to perform adequate
supervision and coordination of the work.
35
ARTICLE V
CONTRACT DOCUMENTS
A. The following documents, and any other documents that are attached to, incorporated by
reference into, or otherwise included in them, and all Change Orders, form the entire agreement
between City and Contractor, and are the Contract Documents:
1. INFORMATION FOR BIDDERS
2. BID FOR UNIT PRICE CONTRACTS
3. BID FORM
4. BID BOND
5. EXPERIENCE QUESTIONNAIRE
6. AFFIDAVIT OF WORK AUTHORIZATION
7. This AGREEMENT BETWEEN CITY OF RIVERSIDE AND CONTRACTOR
8. PERFORMANCE BOND
9. PAYMENT BOND
10. PREVAILING WAGE RATES - STATE OF MISSOURI DIVISION OF LABOR
STANDARDS
11. TIME FOR COMPLETION
12. SCOPE OF WORK
13. TECHNICAL SPECIFICATIONS
14. NOTICE TO PROCEED
15. APPLICATION FOR PAYMENT FORM
16. CHANGE ORDER FORM
17. CERTIFICATE FOR SUBSTANTIAL COMPLETION
18. AFFIDAVIT OF COMPLIANCE WITH THE PREVAILING WAGE LAW
19. CONTRACTOR AFFIDAVIT FOR FINAL PAYMENT
20. SUBCONTRACTOR AFFIDAVIT FOR FINAL PAYMENT
21. ENGINEER/CONSULTANT CERTIFICATE for Acceptance & Final Payment
B. Contractor represents that it has examined and become familiar with the Contract
Documents in their entirety, that any and all ambiguities, inconsistencies, and conflicts observed by
Contractor have been called to City’s attention in writing and have been resolved in writing to
Contractor’s satisfaction. Except for actual conflict between provisions in the Contract Documents,
making it impossible for Contractor to comply with all provisions of the Contract Documents, the
Contract Documents shall be cumulative, and Contractor shall comply with all provisions of all
Contract Documents. In case of actual conflict, Contractor shall notify City of the conflict in writing
and then shall comply with such provisions of the Contract Documents as City directs.
36
ARTICLE VI
PAYMENTS
A. Prior to submitting its first application for payment, Contractor shall provide City with a
schedule of values dividing the Work, and the Contract Amount, into workable categories in a form
acceptable to City. Each application for payment shall be based upon the percentage of actual
completion of each category, multiplied by the dollar value of such category.
B. On or about the first day of Contractor’s monthly accounting period, Contractor shall
submit an Application for Partial Payment to the City Engineer. In addition to the amount of payment
requested in the Application for Partial Payment, each application shall list the original Contract
Amount, the amount Contractor has invoiced City to date, the amount Contractor has received to date,
total additions to and deletions from the Contract Amount pursuant to approved Change Orders, and an
itemization of any further additions to or deletions from the Contract Amount that Contractor claims.
Contractor shall identify each Subcontractor and supplier whom Contractor intends to pay from the
requested payment and shall state the amount Contractor intends to pay each such Subcontractor and
supplier. An Application shall not include a request for payment for any portion of the Work that was
performed or furnished by a Subcontractor or supplier if Contractor does not intend to pay such
Subcontractor or supplier from such payment, nor shall the Application include a request for payment
for any Work performed deemed unsatisfactory by City. Contractor shall include with each
Application all supporting documentation as City may require. The City shall, within fifteen (15) days,
review and approve such Application, or return the Application to the Contractor indicating in writing
the reasons for refusing to approve payment. In the latter case, the Contractor may make the necessary
corrections and resubmit the Application. Within fifteen (15) days of its receipt of payment from City,
Contractor shall pay all subcontractors and suppliers to whom payment is owed from the amount paid
to Contractor.
C. All payments under this Agreement shall be made only upon the approval of City
Engineer and Administrator. City Engineer shall review each application for payment and certify for
payment such amounts as City Engineer determines are due Contractor. From the total amount
certified, City shall withhold five percent (5%) as retainage until final completion and acceptance of
the Work. The five percent (5%) retainage may be reduced by Change Order if final completion and
acceptance of the Work is delayed due to unforeseen circumstances and the Work is usable for its
intended purpose by the City. If reduction in the retainage is approved, the remaining retainage shall
be an amount equal to or greater than 200% of the estimated amount necessary to complete the Work.
D. The City Treasurer, upon presentation of such certificate, shall prepare a check for the
sum certified to be due (exclusive of retainage), payable out of the funds in the City Treasury available
for Contractor under the authorizing Resolution or Ordinance approved by the Board of Aldermen.
Payment shall be made to Contractor after the Board of Aldermen review and approve the payment and
authorize the Mayor and City Treasurer to sign and deliver the check.
E. Neither Administrator or City Engineer’s approval certificate nor payment made to
Contractor shall constitute acceptance of any part of the Work. Contractor shall remain obligated to
perform all Work in accordance with the Contract Documents.
37
F. With each Application, Contractor shall submit a signed certificate of receipt of prior
payments and release of claims and rights in connection with prior payments, in a form approved by
City. City may, at its option, also require a similar receipt and release of claims and rights from each
Subcontractor or supplier performing any Work, prior to making any payment to Contractor. The
subcontractors’ and suppliers’ receipts and releases shall be in a form approved by City and shall
indicate that (except for retainage) all debts for work performed or materials supplied included on any
previous payment application to City from Contractor have been satisfied and that the Subcontractor or
supplier waives and releases any and all claims or rights in connection therewith.
G. Contractor shall not be entitled to final payment for the Work until Contractor submits an
application for final payment, all requirements of the Contract Documents are complied with, and
Engineer issues his or her certificate to that effect. The Engineer’s Certificate of Acceptance will be
on the form attached hereto as Exhibit N. City, within thirty (30) days after the delivery of Engineer’s
certificate, shall pay Contractor all remaining funds which Contractor is due under this Agreement.
H. Acceptance of final payment by Contractor shall release City from all further obligations
to Contractor, except as to such amounts, if any, Contractor has identified in its application for final
payment as claimed by Contractor. All claims not identified in the application for final payment are
waived. Any payment, however final or otherwise, shall not release the Contractor or its sureties from
any obligations under the Contract Documents or the Performance and Payment Bonds.
I. City may withhold final or any other payment to Contractor on any reasonable basis,
including but not limited to the following:
1. Unsatisfactory job progress,
2. Defective Work,
3. Failure to make payments to subcontractors or suppliers,
4. Reasonable evidence that all Work cannot be completed for the unpaid balance of
the Contract Amount,
5. Damage by Contractor or subcontractors or suppliers to property of City or others,
6. Contractor’s breach of this Agreement, or
7. Contractor’s failure to provide requested documentation.
J. The Contractor shall, at the request of City, furnish satisfactory evidence that all
obligations to subcontractors, laborers, workmen, mechanics, materialmen and furnishers of machinery
and parts thereof, equipment, tools and all supplies incurred in the furtherance of the performance of
the Work have been paid, discharged or waived. If Contractor does not pay subcontractors or suppliers
for labor and/or material properly provided, City may, but shall not be required to, pay subcontractors
and suppliers directly. Any payments made to subcontractors and suppliers shall be charged against the
Contract Amount. City shall not be liable to Contractor for any such payments made in good faith.
This provision shall not confer any right upon any Subcontractor or supplier to seek payment directly
from City.
38
K. Notwithstanding any other provision for payment contained herein, in the event the
Missouri Department of Labor and Industrial Relations has determined that a violation of Section
292.675 RSMo has occurred and that a penalty shall be assessed, the City shall withhold and retain all
sums and amounts due and owning when making payments to Contractor under this Contract.
ARTICLE VII
CHANGES/CLAIMS
A. City, without invalidating this Agreement, may at any time and without notice to any
surety, order additions to, deletions from, or other changes to the Work. Upon receipt of such an order,
in writing, Contractor shall proceed as and when directed in the order. Contractor shall not proceed
with any addition, deletion, or other change without a written order. No oral direction or order shall
constitute authority for Contractor to proceed with any addition, deletion, or other change. If
Contractor undertakes any addition, deletion, or other change without a written order from City,
Contractor shall not be entitled to any increase in the Contract Amount or the time for performance of
the Work, and Contractor shall be solely and completely responsible for the acceptability to City of the
addition, deletion, or other change.
B. If a change to the Work causes a net increase or decrease in the cost of Contractor’s
performance, the Contract Amount shall be increased or decreased as follows:
1. If the Work is covered by unit prices set forth in Contractor’s Bid for Unit Price
Contracts, by application of such unit prices to the quantities of the items involved; or
2. If the Work involved is not covered by unit prices set forth in Contractor’s Bid for Unit
Price Contracts, by a lump sum as to which Contractor and City mutually agree prior to
the commencement of performance of the change.
C. If a change to the Work causes an increase or decrease in the time required for
Contractor’s performance, an equitable adjustment to the time for performance shall be made.
D. A change in the Contract Amount or the time for performance of the Work shall be
accomplished only by written Change Order, which shall state the increase or decrease, if any, in the
Contract Amount or the time for performance. No course of conduct or dealings between the parties,
nor express or implied acceptance of alterations or additions to the Work, and no claim that City has
been unjustly enriched by any alteration or addition to the Work, whether or not there is, in fact, any
such enrichment, shall be the basis of any claim to an increase in any amounts due under the Contract
Documents or a change in the time for performance of the Work.
E. Agreement on any Change Order shall constitute a final settlement of all matters relating
to the change in the Work that is the subject of the Change Order, including but not limited to all direct
and indirect costs associated with such change and any and all adjustments to the Contract Amount and
time for performance of the Work.
F. If Contractor is delayed or interfered with at any time in the commencement or
prosecution of the Work by an act or neglect of City, an employee, officer, or agent of City, or an
architect or engineer or separate contractor engaged by or on behalf of City, or by changes ordered in
39
the Work, an act of God, fire, or other cause over which Contractor has no control and that Contractor
could not reasonably anticipate, the time for performance of the Work shall be equitably extended,
provided that Contractor gives notice as provided for in Paragraph G below.
G. Any claim by Contractor for additional time or money for the performance of the Work,
including but not limited to any claim based on or arising out of an addition to, deletion from, or other
change to the Work and/or delay to or interference with commencement or prosecution of any of the
Work, shall be submitted to City’s designated representative within five (5) working days of the
beginning of the event for which the claim is made or on which it is based. If any claim is not
submitted within the five-day period, it shall be deemed waived.
H. No change or claim, nor any delay or dispute concerning the determination of any
increase or decrease in the amount of time and money for the performance of the Work, shall excuse
Contractor from proceeding with prosecution of the Work, including any Work as changed.
ARTICLE VIII
INSURANCE
A. Contractor shall, at all times during the performance of any of the Work, maintain not less
than the following insurance coverages and amounts:
1. COMMERCIAL GENERAL LIABILITY - Contractor shall provide coverage for
Contractor, City, its employees, officers, and agents, and any architects, engineers,
or other design professionals engaged by or on behalf of City against claims for
damage to property and/or illness of, injury to, or death of any person or persons
related to or arising out of the Work. Such coverage shall name the City, together
with its employees and officers, as an additional insured and have not less than the
following limits:
a. Each occurrence $3,000,000.00
b. General aggregate $3,000,000.00
c. Products/completed operations aggregate $3,000,000.00
d. The following coverage shall be included:
• Blanket contractual liability
• Products/completed operations
• Personal/advertising injury
• Broad form property damage
• Independent contractors
• Explosion, Collapse, and Underground Damage
2. OWNERS PROTECTIVE LIABILITY – Contractor shall purchase, maintain and
deliver to the City for operations of the Contractor of any Subcontractor in
connection with execution of the agreement Owner’s Protective Liability insurance
40
in the same minimum amounts as required for Commercial General Liability
Insurance above.
3. AUTOMOBILE LIABILITY - Contractor shall provide coverage for Contractor,
City, its employees, officers, and agents, and any architects, engineers, or other
design professionals engaged by or on behalf of City against claims for bodily
injury and/or property damage arising out of the ownership or use of any owned,
hired, and/or non-owned vehicle and shall include protection for any auto, or all
owned autos, hired autos, and non-owned autos. The coverage shall have not less
than a combined single limit of $3,000,000.00 for each accident.
4. WORKERS’ COMPENSATION AND EMPLOYER’S LIABILITY - This
insurance shall protect Contractor against all claims under applicable state workers’
compensation laws. Contractor also shall be protected through employer’s liability
coverage against claims for injury, disease, or death of employees which, for any
reason, may not fall within the provisions of a workers’ compensation law. The
limits shall not be less than the following:
a. Workers’ Compensation Statutory
b. Employer’s Liability:
• Bodily injury by accident $1,000,000.00
• Bodily injury by disease $500,000.00 each employee
B. All insurance shall be written by an insurer or insurers acceptable to City and with a
minimum financial rating not lower than “A-” in Best’s Insurance Guide, latest edition. All insurance
shall be written on an occurrence basis, and all aggregate limits shall apply in total to the Work only.
Each policy providing general liability coverage or automobile liability coverage (including any
umbrella or excess policy that provides any required general or automobile liability coverage) shall
provide contractual liability coverage for all indemnity obligations of Contractor under the Contract
Documents. Each policy providing general liability or automobile liability coverage (including any
umbrella or excess policy that provides any required general or automobile liability coverage) shall, in
form satisfactory to City, (1) name as additional insureds City, its employees, officers, and agents, and
any architects, engineers, or other design professionals engaged by or on behalf of City, and (2)
provide that it is primary to any other insurance maintained by any additional insured, which other
insurance shall be excess or contingent. The insurance provided to the additional insureds shall apply,
without limitation, to injury or damage caused by work included in the products/completed operations
hazard.
C. Contractor shall maintain the products and completed operations coverage for not less
than one (1) years after the date of final acceptance by City of all of Contractor’s Work.
D. Contractor shall obtain property insurance upon the entire Work for the full cost of
replacement at the time of loss. This insurance shall list as named insureds City, Contractor,
subcontractors, and suppliers. This insurance shall be written as a Builder’s Risk/Installation Floater
“all risk” or equivalent form to cover all risks of physical loss except those specifically excluded by the
policy and shall insure at least against the perils of fire, lightning, explosion, wind storm, hail, smoke,
aircraft and vehicles, riot and civil commotion, theft, vandalism, malicious mischief, debris removal,
41
flood, earthquake, earth movement, water damage, wind, testing, and collapse. This insurance shall,
without limitation, insure portions of the Work stored on or off the Project site or in transit, when at the
risk of City, Contractor, or a Subcontractor or supplier. Contractor shall be solely responsible for any
deductible amounts. This insurance shall remain in effect until final payment has been made to
Contractor or until no person or entity other than City has an insurable interest in the property to be
covered by this insurance, whichever is sooner. City and Contractor waive all rights against each other
and their respective employees, agents, contractors, subcontractors, and suppliers for damages caused
by risks covered by the property insurance provided for in this Paragraph, except such rights as they
may have to the proceeds of the insurance.
E. All policies and certificates of insurance shall provide no less than thirty (30) days’ prior
written notice to City in the event of cancellation, expiration, non-renewal, alteration, or reduction
(including but not limited to reduction by paid claims) of coverage or limits contained in the policy or
evidenced by the certificate of insurance. Contractor shall furnish City a certificate or certificates and
copies of policies, all satisfactory to City, evidencing that Contractor has all the required insurance and
is in compliance with this Article. The certificate or certificates and copies of policies shall be
delivered to City’s designated representative not less than seven (7) days before Contractor first
performs any of the Work. All policies except Workers’ Compensation and Employer’s Liability shall
contain a waiver of subrogation in favor of City, its employees, officers, and agents, and architects,
engineers, or other design professionals engaged by or on behalf of City.
F. Contractor also shall maintain any additional insurance coverages and any higher limits
provided for elsewhere in the Contract Documents and shall furnish City any additional insurance
documentation provided for elsewhere in the Contract Documents.
G. If any part of the Work is subcontracted, each Subcontractor, or Contractor on behalf of
the Subcontractor, shall maintain liability and worker’s compensation insurance coverages and
amounts satisfying all the requirements of this Article. Certificates and copies of policies, satisfactory
to City, evidencing the required insurance and compliance with this Article shall be delivered to City’s
designated representative not less than seven (7) days before the Subcontractor first performs any of
the Work.
H. If Contractor is a transient employer as defined in Section 285.230 RSMo, Contractor
must post in a prominent and easily accessible place at the work site a clearly legible copy of the
following: (1) the notice of registration for employer withholding issued to such transient employer by
the Director of Revenue; (2) proof of coverage for workers’ compensation insurance or self-insurance
signed by the transient employer and verified by the Department of Revenue through the records of the
Division of Workers’ Compensation; and (3) the notice of registration for unemployment insurance
issued to such transient employer by the Division of Employment Security. Any transient employer
failing to comply with these requirements shall, under Section 285.234 RSMo be liable for a penalty of
$500 per day until the notice required by this Paragraph are posted as required by law.
ARTICLE IX
INDEMNITY
A. To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold
harmless City, its employees, officers, and agents, and any architects, engineers, or other design
42
professionals engaged by or on behalf of City, from and against claims, damages, losses, and expenses,
including but not limited to attorney’s fees, arising out of or resulting from the performance of the
Work, provided that such claim, damage, loss, or expenses is attributable to bodily injury, sickness,
disease, or death or to injury to or destruction of tangible property (other than the Work itself), but only
to the extent caused or allegedly caused by the negligent or willful acts or omissions of Contractor, a
Subcontractor or supplier, or anyone directly or indirectly employed by them, or anyone for whose acts
they may be liable, regardless of whether such claim, damage, loss, or expense is caused in part by a
party indemnified hereunder. This obligation is not intended to, and shall not, negate, abridge, or
reduce other rights or obligations of indemnity that would otherwise exist as to a party or person as set
forth in this Agreement.
B. In claims against any person or entity indemnified herein by an employee of Contractor, a
Subcontractor or supplier, or anyone directly or indirectly employed by them or for whose acts they
may be liable, the indemnification obligation shall not be limited by a limitation on the amount or type
of damages, compensation, or benefits payable by or for Contractor or a Subcontractor or supplier
under workers’ compensation acts, disability benefit acts, or other employee benefit acts.
ARTICLE X
PATENT LIABILITY
Contractor agrees to defend, indemnify, and hold harmless City, its officers, employees and
agents from and against any claim, action or suit that may be brought against them for Contractor’s
infringement of any Letters Patent in the performance of this Agreement or any breach or violation of
trademark or proprietary or trade secret rights of others, as well as against any judgments, decrees,
damages, costs and expenses sought, adjudicated, or recovered against any of them, on account of any
such actual or alleged infringement.
ARTICLE XI
COVENANT AGAINST LOBBYING AND UNDUE INFLUENCE
A. Contractor represents and warrants that it has not employed or retained any company or
person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement,
and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any
fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or
resulting from the award or making of this Agreement. For breach or violation of this warranty, City
shall have the right to void this Agreement without liability and, in its discretion, to deduct from the
Contract Amount, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift, or contingent fee.
B. Contractor represents and warrants that no payments have been or shall be made, directly
or indirectly, by or on behalf of Contractor to or for the benefit of any officer, employee, or agent of
City who may reasonably be expected to influence the decision to requisition issue or take any action
with respect to this Agreement. Contractor shall allow a mutually agreeable nationally recognized
certified public accounting firm to examine, at City’s expense, such of Contractor’s books and records
as may be necessary, in the accountant’s reasonable opinion, to verify Contractor’s compliance with
this Article.
44
C. Contractor’s designated representative shall be available to meet with City at any time
during the performance of the Work and shall have full authority to act on Contractor’s behalf on any
matter related to this Agreement and/or the Work.
ARTICLE XIV
DEFAULT AND TERMINATION
A. If Contractor fails to comply, becomes unable to comply, or with reasonable probability
(as determined solely by City) will become unable to comply with any of Contractor’s obligations
under the Contract Documents, including but not limited to (1) failure at any time to furnish sufficient
labor or supervision, sufficient materials or services (including but not limited to insurance and bonds)
complying with the Contract Documents, or sufficient or properly operating tools, equipment, or other
items necessary for the performance of the Work, (2) failure in any respect to prosecute the Work with
promptness and diligence, (3) causing any stoppage of, delay in, or interference with any work of City
or any others on the Project, (4) abandonment by Contractor of all or any part of the Work, or (5)
bankruptcy, insolvency or general assignment for the benefit of creditors by Contractor, Contractor
shall be in default, and if the default is not corrected to City’s satisfaction within seventy-two (72)
hours of delivery of a written notice to Contractor to correct such default, City may, in addition to any
other right or remedy City may have, terminate the services of the Contractor and take possession of
the project and of all materials, equipment, tools, construction equipment and machinery thereon
owned by the Contractor and finish the work by whatever method the City may deem expedient to
correct the default, at Contractor’s expense. In such case the Contractor shall not be entitled to receive
any further payment until the Work is finished. If such costs exceed the unpaid balance due to
Contractor, the Contractor will pay the difference to the City.
B. If City exercises its right to take over and complete any part or all of the Work, City and
its designees shall have access to and may take possession of Contractor’s materials, tools, equipment,
and other items at the Project site, en route to the site, or in storage or being manufactured or fabricated
away from the site, as may be necessary to prosecute the Work taken over by City, and may employ
Contractor’s employees or former employees, all without any liability to Contractor.
C. Contractor shall be liable for and shall pay to City all costs and expenses of whatsoever
nature incurred by City as a result of any default by Contractor, including but not limited to the cost of
labor, supervision, materials, tools, equipment, services, overhead, travel, and legal and accounting
fees. Contractor also shall be liable for and shall pay to City all charges, liabilities, fines, penalties,
losses, damages, and claims sustained by or assessed against City as a result of any delay or disruption
resulting from any default by Contractor. The total amount of such costs, expenses, charges, liabilities,
fines, penalties, losses, damages, and claims may be deducted by City from the amount, if any,
otherwise due Contractor, and Contractor shall pay City the full amount of any excess of such total
over the amount otherwise due Contractor.
D. No right or remedy conferred upon or reserved to City by the Contract Documents is
exclusive of any other right or remedy provided or permitted in the Contract Documents or by law or
equity, but each right or remedy is cumulative of every other right or remedy, and every right or
remedy may be enforced concurrently or from time to time. No exercise by City of any right or
remedy shall relieve Contractor from full and absolute responsibility for all of Contractor’s obligations
under the Contract Documents.
45
E. No failure or delay of City to give notice to correct any default of Contractor or to
exercise any of City’s rights or remedies shall waive or excuse the default, and City shall remain free
to pursue all rights and remedies. No failure of City to insist, in any one or more instances, upon the
performance of any of Contractor’s obligations under the Contract Documents shall be deemed or
construed as a waiver or relinquishment of City’s right to insist upon strict performance of the
obligation in any future instance.
F. If through no act or fault of the Contractor, the Work is suspended for a period of more
than ninety (90) days by the City or under an order of court or other public authority, or the City fails
to act on any request for payment within thirty (30) days after it is submitted, or the City fails to pay
the Contractor substantially the sum approved by the City Engineer and Administrator, then the
Contractor may after ten (10) days from delivery of written notice to the City terminate the Agreement
and recover from the City payment for all work executed.
G. The City, without terminating the service of the Contractor or written notice to the Surety,
through the Administrator may withhold, without prejudice to the rights of the City under the terms of
the Agreement, or on account of subsequently discovered evidence, nullify the whole or part of any
approved partial payment estimate to such extent as may be necessary to protect the City from loss on
account of (1) defective work not remedied, (2) claims filed or reasonable evidence indicating probably
filing of claims, (3) failure of Contractor to make payments property to Subcontractors or for material
or labor, (4) a reasonable doubt that the Work can be completed for the balance then unpaid, (5)
damages to another contractor, or (6) performance of work in violation of the terms of the Contract
Documents.
ARTICLE XV
TERMINATION FOR CONVENIENCE
Notwithstanding anything contained herein to the contrary, City may, at any time, for any
reason, and without Contractor’s being in default, terminate Contractor’s performance of any part or all
of the Work for City’s own convenience by giving written notice to Contractor. Upon receipt of notice
of termination for City’s convenience, Contractor shall, to the extent directed by City, stop work and
turn over to City or City’s designee materials and equipment purchased for the Work. City shall pay
Contractor, in accordance with the Contract Documents, for only so much of the Work as is actually
performed as of the termination for convenience. City shall not be obligated to Contractor for any
further payment, including but not limited to prospective overhead or profit on unperformed work. If a
termination by City of Contractor’s right to proceed on the ground of default by Contractor is
determined later to have been improper, the termination automatically shall be converted to a
termination for City’s convenience, and City’s obligation to Contractor shall be limited to payment to
Contractor as provided in this Article.
ARTICLE XVI
COMPLIANCE WITH LAWS
A. Contractor shall comply strictly with all federal, state, and local laws, ordinances, rules,
regulations, orders, and the like applicable to the Work, including, but not limited to any applicable
prevailing wage and prompt payment laws and all U.S. Army Corps of Engineers guidelines, rules,
46
regulations, and criteria for work within or adjacent to a flood control project area. Contractor shall
secure all permits from public and private sources necessary for the fulfillment of Contractor’s
obligations under the Contract Documents.
B. With each Application for Payment submitted by Contractor to City, Contractor shall
include (a) a signed statement, in form acceptable to City, showing, for each weekly payroll period that
ended during the period covered by the Application for Payment, the name, address, social security
number, occupation, and craft of each worker employed by Contractor in connection with the Work
and, for each such worker, the number of hours worked each day, the total hours worked during the
payroll period, the gross amount earned, an itemization of all deductions, and the net wages paid and
(b) a corresponding statement from each Subcontractor of any tier that employed any workers in
connection with the Work during the period covered by the Application for Payment.
C. This Agreement shall be governed by and construed in accordance with the laws of the
State of Missouri.
ARTICLE XVII
LABOR STANDARDS PROVISIONS
A. MISSOURI PREVAILING WAGE LAW. Not less than the prevailing hourly rate of
wages established by the Missouri Department of Labor and Industrial Relations Division of Labor
Standards, as set out in the wage order set forth in Exhibit C attached to and made a part of, shall be
paid to all workers performing work under the Agreement. An Affidavit of Compliance with the
Prevailing Wage Law as set forth in Exhibit K shall be completed by Contractor and every
Subcontractor employed on the Project prior to final payment. The Contractor will forfeit a penalty to
the City of $100 per day (or portion of a day) for each worker that is paid less than the prevailing rate
for any work done under the contract by the Contractor or by any Subcontractor.
B. EXCESSIVE UNEMPLOYMENT. During periods of excessive unemployment (any
month immediately following two consecutive calendar months during which the level of
unemployment in the state has exceeded five percent (5%) as measured by the United States Bureau of
Labor Statistics) only Missouri labors (persons who have resided in Missouri for at least thirty days
and intend to become or remain Missouri residents) and laborers from non-restrictive states (persons
who are residents of a state which has not enacted state laws restricting Missouri laborers from
working on public works projects in that state, as determined by the Labor and Industrial Relations
Commission), may be employed under the contract, except that other laborers may be used when
Missouri laborers or laborers from nonrestrictive states are not available, or are incapable of
performing the particular type of work involved, if so certified by the Contractor and approved by the
City.
C. UNDERPAYMENT OF WAGES. In case of underpayment of wages by the Contractor
or by any subcontractors to laborers or mechanics employed by the Contractor or Subcontractor upon
the work covered by this Agreement, the City, in addition to such other rights as may be afforded it
under this Agreement shall withhold from the Contractor, out of any payments due the Contractor, so
much thereof as the City may consider necessary to pay such laborers or mechanics the full amount of
wages required by this Agreement. The amount so withheld may be disbursed by the City, for and on
account of the Contractor or the Subcontractor (as may be appropriate), to the respective laborers or
47
mechanics to whom the same is due or on their behalf to plans, funds, or programs for any type of
fringe benefit prescribed in the applicable wage determination.
D. LIMITATIONS ON EMPLOYMENT. No person under the age of sixteen (16) years and
no person who, at the time, is serving sentence in a penal or correctional institution shall be employed
on the work covered by this Agreement.
ARTICLE XVIII
EQUAL EMPLOYMENT OPPORTUNITY
The Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to
ensure that applicants and employees are treated during employment, without regard to their race,
color, religion, sex, or national origin. Such action shall include, but not be limited to, 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.
ARTICLE XIX
SUBCONTRACTS, ASSIGNMENT, OR TRANSFER
A. Except with the prior written consent of City, Contractor shall not assign this Agreement
or any money due or to become due Contractor or issue a subcontract or purchase order to any person
or entity for any or all of the Work. City’s consent to any assignment, subcontract, or purchase order
shall not relieve Contractor from any obligation under the Contract Documents, nor shall it create any
obligation from City to any assignee, subcontractor, or vendor.
B. Each subcontract or purchase order issued by Contractor for any of the Work shall be in
writing and shall provide that City is an intended third-party beneficiary of the subcontract or purchase
order.
C. The Contractor shall be fully responsible to the City for the acts and omissions of its
Subcontractors, and of person either directly or indirectly employed by them, as the Contractor is for
the acts and omissions of person directly employed by it.
D. The Contractor shall cause appropriate provisions to be inserted in all subcontracts
relative to the work to bind Subcontractors to the Contractor by the terms of the Contract Documents
insofar as applicable to the work of Subcontractors and give the Contractor the same power as regards
terminating any Subcontract that the City may exercise over the Contractor under any provision of the
Contract Documents. Nothing contained in this contract shall create any contractual relation between
any Subcontractor and the City.
E. Each subcontract or purchase order issued by Contractor for any of the Work shall
provide that it is freely assignable by Contractor to City. Contractor hereby assigns to City all its
interest in any present or future subcontract or purchase order issued by Contractor for any or all of the
Work. This assignment shall be effective upon acceptance by City in writing and only as to the specific
subcontract(s) and/or purchase order(s) that City designates in the writing. This assignment may be
48
accepted by City at any time, whether before or after final payment to Contractor, and may not be
withdrawn by Contractor without City’s written consent.
ARTICLE XX
SEPARATE CONTRACTS
A. The City reserves the right to let other contracts in connection with this project. The
Contractor shall afford other contractors reasonable opportunity for the introduction and storage of
their materials and the execution of their work, and shall properly connect and coordinate the work
with theirs. If the proper execution or results of any part of the Contractor’s work depends upon the
work of any other contractor, the Contractor shall inspect and promptly report to the Administrator any
defects in such work that render it unsuitable for such proper execution and results.
B. The City may perform additional work related to the project or the City may let other
contracts containing provisions similar to these. The Contractor will afford the other contractors who
are parties to such contracts (or the City, if the City is performing the additional work) reasonable
opportunity for the introduction and storage of materials and equipment and the execution of work, and
shall properly connect and coordinate the work with theirs.
C. If the performance of additional work by other contractors or the City is not noted in the
Contract Documents prior to the execution of the contract, written notice thereof shall be given to the
Contractor prior to starting any such addition work. If the Contractor believes that the performance of
such additional work by the City or others involves it in additional expense or entitles it to any
extension of the contract time the Contractor may make a claim thereof as provided in Article VII.
ARTICLE XXI
ACCESS TO SITE/CLEANING UP
A. Contractor shall ensure that the Work, at all times, is performed in a manner that affords
reasonable access, both vehicular and pedestrian, around the site of the Work and all adjacent areas.
B. Representatives of City may inspect or review any Work performed by Contractor, and
consult with Contractor, at any time. City’s inspections or reviews shall not constitute acceptance or
approval of Work unless specifically stated in writing. Contractor shall meet with City at the request of
City.
C. Contractor shall at all times, during performance of the Work, keep the Project site clean
and free from debris resulting from the Work. Prior to discontinuing Work in an area, Contractor shall
clean the area and remove all rubbish and its construction equipment, tools, machinery, waste, and
surplus materials. Contractor shall make provisions to minimize and confine dust and debris resulting
from construction activities. If Contractor fails to comply with cleanup duties within twenty-four (24)
hours after written notification from City of non-compliance, City may implement cleanup measures
without further notice and deduct the cost from any amounts due or to become due Contractor.
49
ARTICLE XXII
COMPETENCE
Contractor represents and warrants that it maintains all necessary licenses, registration,
competence, and experience to perform all the Work.
ARTICLE XXIII
WARRANTY
A. Contractor shall exercise high professional skill, care, and diligence in the performance of
the Work, and shall carry out its responsibilities in accordance with customarily accepted good
professional practices. The Contractor shall guarantee all materials and equipment furnished and work
performed for a period of one (1) year from the date of completion and acceptance of the work. The
Contractor warrants and guarantees for one (1) year from the date of completion and acceptance of the
work that the completed work is free from all defects due to faulty materials or workmanship. The
date of completion for all scopes of work shall be the last date of acceptance of all work in this
contract. Contractor shall promptly make such corrections as may be necessary be reason of such
defects including the repair of any other damages that were caused by defects in the work, at its own
expense. The City will give notice of observed defects with reasonable promptness. In the event that
the Contractor fails to make such repairs, adjustments or other work that may be necessary by such
defects, the City may do so and charge the Contractor the cost thereby incurred. In emergency where,
in the judgment of the City, delay would cause serious loss or damage, repairs and replacement of
defects in the work and damage caused by defects may be made without notice being sent to the
Contractor, and the Contractor shall pay the cost thereof. The Performance Bond shall remain in full
force and effect through the warranty period. Neither final payment, Engineer’s Final Certificate, nor
any other provision in the Contract Documents shall affect Contractor’s obligation to complete the
Work free of defects in workmanship and material.
B. Contractor shall remain solely responsible for the performance of the Work as required by
the Contract Documents, notwithstanding any suggestions or observations made by another person or
entity with respect to the Work.
C. This Article does not establish a period of limitation with respect to any obligation of
Contractor under the Contract Documents, and does not limit the time allowed by law for any action
for breach of such obligation.
ARTICLE XXIV
STORAGE OF MATERIALS AND EQUIPMENT
The Contractor shall provide at its own expense and without liability to the City any additional
land and access thereto that the Contractor may desire for temporary construction facilities, or for
storage of materials. Only materials and equipment that are to be used directly in the Work shall be
brought to and stored at the Project site by Contractor. After equipment is no longer required for the
Work, it shall be promptly removed from the Project site. Protection of construction materials and
equipment stored at the Project site from weather, theft, and all other casualty or damage is solely the
responsibility of Contractor.
50
ARTICLE XXV
TAXES
A Missouri Sales Tax Project Exemption Certificate (Missouri Department of Revenue Form
5060) will be provided by the City for the purchase of any materials or personal property incorporated
into or consumed in the construction project, pursuant to RSMo 144.062. The Contractor will pay all
other sales, consumer, use and other similar taxes required by the State of Missouri or other taxing
jurisdiction.
ARTICLE XXVI
SAFETY
A. Contractor shall be responsible for initiating, maintaining, and supervising all safety
precautions and programs in connection with performance of the Work and shall take reasonable
precautions for the safety of, and shall provide reasonable protection to prevent damage, injury, or loss
to (1) employees and other persons at the Project site or who may be affected by the Work, (2)
materials and equipment stored at on-site or off-site locations for use in performance of the Work, and
(3) other property at the Project site or in its vicinity, such as trees, shrubs, lawns, walks, pavements,
roadways, structures, and utilities not designated for removal, relocation, or replacement in the course
of construction.
B. Contractor shall give notices required by and comply strictly with applicable laws,
ordinances, rules, regulations, orders, and the like bearing on safety of persons or property or their
protection from damage, injury, or loss. The Contractor will erect and maintain, as required by the
conditions and progress of the work, all necessary safeguards for safety and protections. The
Contractor will notify owners of adjacent utilities when prosecution of the Work may affect them. The
Contractor will remedy all damage, injury or loss to any property caused directly or indirectly, in
whole or part, by the Contractor, any Subcontractor or anyone directly or indirectly employed by any
of them or anyone whose acts any of them may be liable.
C. The Contractor shall exercise proper precaution at all times for the protection of persons
and property and shall be responsible for all damages to persons or property, either on or off the site,
which occur as a result of his prosecution of the work. The safety provisions of applicable laws and
building and construction codes shall be observed and the Contractor shall take or cause to be taken,
such additional safety and health measures as the City may determine to be reasonably necessary.
D. Pursuant to Section 292.675 RSMo, Contractor shall provide a ten (10) hour Occupational
Safety and Health Administration (OSHA) construction safety program for all employees who will be
on-site at the Project. The construction safety program shall include a course in construction safety
and health that is approved by OSHA or a similar program approved by the Missouri Department of
Labor and Industrial Relations which is at least as stringent as an approved OSHA program as required
by Section 292.675 RSMo. 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 Paragraph and
Section 292.675 RSMo.
51
E. Contractor shall forfeit to the 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 herein. The penalty described in this Paragraph shall not
begin to accrue until the time periods herein have elapsed. Violations of this requirement and
imposition of the penalty described in this Paragraph shall be investigated and determined by the
Missouri Department of Labor and Industrial Relations.
F. If City deems any part of the Work or the Project site unsafe, City, without assuming
responsibility for Contractor’s safety program, may require Contractor to stop performance of the
Work or take corrective measures satisfactory to City, or both. If Contractor does not adopt corrective
measures, City may perform them or have them performed and deduct their cost from the Contract
Amount. Contractor shall make no claim for damages, for an increase in the Contract Amount, or for a
change in the time for performance of the Work based on Contractor’s compliance with City’s
reasonable request.
ARTICLE XXVII
AUTHORIZED EMPLOYEES
Contractor acknowledges that Section 285.530 RSMo prohibits any business entity or
employer from knowingly employing, hiring for employment, or continuing to employ an unauthorized
alien to perform work within the State of Missouri. Contractor therefore covenants that it is not
knowingly in violation of subsection 1 of Section 285.530 RSMo, and that it will not knowingly
employ, hire for employment, or continue to employ any unauthorized aliens to perform work on the
Project, and that its employees are lawfully eligible to work in the United States.
ARTICLE XXVIII
INDEPENDENT CONTRACTOR
Contractor is an independent contractor, and neither Contractor or any Subcontractors,
suppliers, employees, or agents shall be deemed an employee or agent of City for any purpose.
ARTICLE XXIX
CONFLICT
Contractor shall promptly upon discovery notify City of any conflict, ambiguity or
inconsistency in the Contract Documents, or between any Contract Document and actual field
conditions, and City shall resolve such conflict, ambiguity or inconsistency in its sole discretion.
ARTICLE XXX
PERFORMANCE AND PAYMENT BONDS
The Contractor shall within ten (10) days after the receipt of the Notice of Award furnish the
City with a Performance Bond and Payment Bond in forms set forth in Exhibits A and B in an amount
at least equal to one hundred percent (100%) of the contract price, conditioned upon the performance
by the Contractor all undertakings, covenants, terms, conditions and agreements of the Contract
52
Documents, and upon the prompt payment by the Contractor to all persons supplying labor and
materials in the prosecution of the work provided by the Contract Documents. Such bonds shall be
executed by the Contractor and a corporate bonding company licensed to transact such business in the
state in which the work is to be performed and named on the current list of “Surety Companies
Acceptable on Federal Bonds” as published in the Treasury Department Circular Number 570 and shall
have a rating of at least “A-” from Best’s. The expense of these bonds shall be borne by the
Contractor. If at any time a surety on any such bond is declared a bankrupt or loses its right to do
business the state in which the work is to be performed or is removed from the list of Surety
Companies accepted on Federal Bonds, Contractor shall within ten (10) days after notice from the City
to do so, substitute an acceptable bond (or bonds) in such form and sum and signed by such other
surety or sureties as may be satisfactory to the City. The premiums on such bond shall be paid by the
Contractor. No further payment shall be deemed due nor shall payment be made to Contractor until the
new surety or sureties shall have furnished an acceptable bond to the City.
ARTICLE XXXI
SEVERABILITY
Should any specific provision of this Agreement or other Contract Documents be found to be
unenforceable, the remaining provisions shall remain in full force and effect.
ARTICLE XXXII
NO PRESUMPTION AGAINST THE DRAFTER
No presumption or inference against the City shall be made because of the City’s preparation
of this Agreement or other Contract Documents.
ARTICLE XXXIII
DISPUTES/ATTORNEY FEES
A. If a dispute arises out of or relates to this Agreement or other Contract Documents, or the
breach thereof, and if the dispute cannot be resolved through negotiation, City and Contractor shall
first try in good faith to resolve the dispute by mediation before resorting to litigation. Unless City and
Contractor agree otherwise, the mediation shall be administered by the American Arbitration
Association under its Construction Industry Mediation Rules.
B. In the event of litigation between Contractor and City concerning the Project or this
Agreement or other Contract Documents, the prevailing party shall be entitled to recover from the
other party its reasonable attorney fees, costs, and expenses arising from such litigation.
ARTICLE XXXIV
TITLES
The titles given to the Articles in this Agreement are for ease of reference only and shall not be
relied upon or cited for any other purpose. Specifically, but without limitation, the titles shall not
define or limit any of the provisions of any of the Articles.
53
ARTICLE XXXV
PROVISIONS REQUIRED BY LAW DEEMED INSERTED
Each and every provision of law and clause required by law to be inserted in this Contract shall
be deemed to be inserted herein and the contract shall be read and enforced as though it were included
herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly
inserted, then upon the application of either party the contract shall forthwith by physically amended to
make such insertion or correction. All such laws, orders and regulations are applicable to this Project
and are made a part hereof by reference.
ARTICLE XXXVI
ENTIRE AGREEMENT
This Agreement and the other Contract Documents constitute the entire agreement between the
parties with respect to their subject matter. Any prior agreements, understandings, or other matters,
whether oral or written, are of no further force or effect. Subject to Article VII of this Agreement, this
Agreement and any other Contract Document may be amended, changed, or supplemented only by
written agreement executed by both of the parties.
THIS AGREEMENT shall be binding on the parties only after it has been duly executed by
City and Contractor.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
59
EXHIBIT C
PREVAILING WAGE RATES
Special Wage Determination: Prevailing hourly rates of wages follow, as determined by the Division
of Labor Standards, Jefferson City, Missouri.
60
EXHIBIT D
Time for Completion
2017 STREET MAINTENANCE PROJECT (Project No. 316-016)
Line Item No. 1: Date to Reach Substantial Completion 3/31/2017
Line Item 2 – 6: Substantial Completion date is required for the following streets:
• 47th Terr.
• Florence Ave.
• 50th St.
• 50th Terr.
• 51st St.
• Woodside Dr.
• Woodside Ct.
• Flintridge Dr.
• City Hall Campus
Date to Reach Substantial Completion: 6/30/2017
The remainder of Items No. 2-6 will be used on an as needed basis
61
EXHIBIT E
SCOPE OF WORK for
2017 STREET MAINTENANCE PROJECT (Project No. 316-016)
Contractor shall perform the following Work as more fully set forth in the Contract Documents:
All Work necessary to construct the 2017 Street Maintenance Program through the limits of the Project
as shown on and in accordance with the Technical Specifications and/or Drawings referred to in
Exhibit F to the Agreement. The Work in the Project shall include but is not limited to the following:
• Line Creek Trail
• 47th Terr.
• Florence Ave.
• 50th St.
• 50th Terr.
• 51st St.
• Woodside Dr.
• Woodside Ct.
• Flintridge Dr.
• City Hall Campus
Contractor to provide all necessary equipment, labor, and material necessary to perform the Project
construction and related work as shown in the Contract Documents. The Work includes, but is not
limited to, the following:
1. Schedule and Coordinate all necessary inspections.
2. Contractor shall coordinate with all utilities prior to the work starting, including contacting
underground locator services, ensuring that all power has been disconnected.
3. Include all temporary utility fees and permits.
4. Include 3rd party Special Inspections as required to demonstrate compliance with project
specifications, including but not limited to compaction and proof rolls and material testing.
5. Include all premium time/cost necessary to meet the schedule, including accelerated production
of submittals.
6. Include all surveying, layout and field engineering required for the performance of this work.
7. Provide digital photographs of the preconstruction, construction, and post construction site (see
Article IV Progress of Work / Submittals (F) for specifics)
8. Provide all weather provisions to meet the schedule set forth in the contract documents.
9. Provide clean up associated with the contractors work. Site is to remain free of debris during
the construction process.
10. Provide all traffic control as required throughout the construction process.
64
EXHIBIT H
APPLICATION FOR PAYMENT
Continuation Sheet for Application for Payment
(Contact Capital Projects Coordinator, Larissa Anderson with the City of Riverside for an
electronic version landerson@riversidemo.com or by calling 816-372-9012)
65
EXHIBIT I
CHANGE ORDER
(Contact Capital Projects Coordinator, Larissa Anderson with the City of Riverside for an
electronic version landerson@riversidemo.com or by calling 816-372-9012)
66
EXHIBIT J
Certificate of Substantial Completion
(to be completed after substantial completion of the project)
Project Name: 2017 STREET MAINTENANCE PROJECT Project #: 316-016
Owner of Project: City of Riverside
This [tentative] [definite] Certificate of Substantial Completion applies to:
All Work under the Contract Documents: The following specified portions of the Work:
____________________________________
Date of Substantial Completion
The Work to which this Certificate applies has been inspected by authorized representatives of Owner,
Contractor, and Engineer, and found to be substantially complete. The Date of Substantial Completion
of the Project or portion thereof designated above is hereby declared and is also the date of
commencement of applicable warranties required by the Contract Documents, except as stated below.
A [tentative] [definitive] list of items to be completed or corrected is attached hereto. This list may not
be all-inclusive, and the failure to include any items on such list does not alter the responsibility of the
Contractor to complete all Work in accordance with the Contract Documents.
The responsibilities between Owner and Contractor for security, operation, safety, maintenance,
heat, utilities, insurance and warranties shall be as provided in the Contract Documents except
as amended as follows:
Amended Responsibilities Not Amended
Owner's Amended Responsibilities:
Contractor's Amended Responsibilities:
67
The following documents are attached to and made part of this Certificate:
This Certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of Contractor's obligation to complete the Work in accordance with
the Contract Documents.
___________________________________________________ __________________
Executed by Engineer (Print & Sign) Date
___________________________________________________ __________________
Accepted by Contractor (Print & Sign) Date
___________________________________________________ __________________
Accepted by Owner (Print & Sign) Date
68
EXHIBIT K
AFFIDAVIT OF COMPLIANCE WITH THE PREVAILING WAGE LAW
(to be completed at conclusion of project)
I, _________________________________, upon being duly sworn upon my oath state that:
(1) I am the ________________________ of __________________________________________;
(2) all requirements of Section 290.210 to 290.340. RSMo, pertaining to the payment of wages to
workers employed on public works projects have been fully satisfied with regard to this Contractor’s work on
2017 STREET MAINTENANCE PROJECT (Project No. 316-016);
(3) I have reviewed and am familiar with the labor standards provisions and prevailing wage rules
established by the Missouri Department of Labor and Industrial Relations Division of Labor Standards;
(4) based upon my knowledge of these rules, including all occupational titles set out in the applicable
regulations, I have completed full and accurate records clearly indicating:
(a) the names, occupations, and crafts of every worker employed by this Company in connection with
this Project together with an accurate record of the number of hours worked by each worker and the
actual wages paid for each class or type of work performed,
(b) the payroll deductions that have been made for each worker, and
(c) the amounts paid to provide fringe benefits, if any, for each worker;
(5) the amounts paid to provide fringe benefits, if any, were irrevocable paid to a trustee or to a third
party pursuant to a fund, plan, or program on behalf of the workers;
(6) these payroll records are kept and have been provided for inspection to the authorized representative
of the City of Riverside and will be available, as often as may be necessary, to such City and such other
regulatory agencies as may be deemed necessary;
(7) such records shall not be destroyed or removed from the State of Missouri for one (1) year following
the completion of Contractor’s work on this Project;
(8) when in effect, the requirements of Sections 290.550 through 290.580 RSMo. Pertaining to
excessive unemployment were fully satisfied; and
(9) there has been no exception to the full and complete compliance with the provisions and
requirements of the wage orders applicable to the Agreement and Contract Documents.
The matters stated herein are true to the best of my information, knowledge, and belief. I acknowledge
that the falsification of any information set out herein may subject me to criminal prosecution.
_________________________________________
Contractor Signature
_________________________________________
Printed Name
Subscribed and sworn to me this _____ day of ______________________, 20_____.
_________________________________________
Notary Public
My Commission expires:
69
EXHIBIT L
CONTRACTOR AFFIDAVIT FOR FINAL PAYMENT
(to be completed at conclusion of project)
2017 STREET MAINTENANCE PROJECT (Project No. 316-016)
STATE OF ___________________________________ )
) SS:
COUNTY OF _________________________________ )
The Undersigned, _____________________________ of lawful age, being first duly sworn, states under
oath as follows:
1. I am the _____________________________ of ____________________________________________ who is the
general CONTRACTOR on the above referenced project.
2. All payrolls, material bills, use of equipment and other indebtedness connected with the Work for this Project have
been paid and all Claims of whatever nature have been satisfied, as required by the Contract.
3. () Prevailing wage does not apply; or
() All provisions and requirements set forth in Chapter 290, Section 290.210 through and including 290.340,
Missouri Revised Statutes, pertaining to the payment of wages to workmen employed on public works
projects have been fully satisfied and there has been no exception to the full and complete compliance with
these provisions and requirements and the Annual Wage Order contained in the Contract in carrying out the
Contract and Work. CONTRACTOR has fully complied with the requirements of the prevailing wage law
as required in the Contract and has attached affidavits from all Subcontractors on this Project, regardless of
tier, affirming compliance with the prevailing wage law as stipulated in the Contract.
4. CONTRACTOR certifies that each Subcontractor has received full payment for its respective work in connection
with the Contract.
5. This affidavit is made in behalf of the CONTRACTOR for the purpose of securing from the City of Riverside,
Missouri, the certification of completion of the Project and receiving payment therefore.
CONTRACTOR
By _______________________________________________
Title _____________________________________________
On this _____ day of _______________________, 20___ before me appeared
__________________________________________________ , to me personally known to be the
_______________________________________of ______________________________________, and who
executed the foregoing instrument and acknowledged that (s)he executed the same on behalf of
_____________________________________ as its free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year first
above written.
______________________________________
My commission expires: Notary Public
70
EXHIBIT M
SUBCONTRACTOR AFFIDAVIT FOR FINAL PAYMENT
(to be completed at conclusion of project)
2017 STREET MAINTENANCE PROJECT (Project No. 316-016)
STATE OF _______________________________ )
) SS:
COUNTY OF _____________________________ )
After being duly sworn the person whose name and signature appears below hereby states under penalty of perjury that:
1. I am the duly authorized officer of the business indicated below (hereinafter Subcontractor) and I make this affidavit on
behalf of Subcontractor in accordance with the requirements set forth in Section 290.290, RSMo. Subcontractor has
completed all of the Work required under the terms and conditions of a subcontract as follows:
Subcontract with: _____________________________________________________, Contractor
Work Performed: ____________________________________________________________________
Total Dollar Amount of Subcontract and all Change Orders: $___________________________________
2. Subcontractor fully complied with the provisions and requirements of the Missouri Prevailing Wage Law set forth in
Sections 290.210, RSMo through 290.340, RSMo.
Business Entity Type: Subcontractor’s Legal Name and Address
(___) Missouri Corporation
(___) Foreign Corporation ___________________________________________
(___) Fictitious Name Corporation
(___) Sole Proprietor ___________________________________________
(___) Limited Liability Company Phone No. ___________________________________
(___) Partnership Fax: ________________________________________
(___) Joint Venture E:mail:______________________________________
(___) Other (Specify)________________________ Federal ID No.________________________________
I hereby certify that I have the authority to execute this affidavit on behalf of Subcontractor.
By: _________________________________________ __________________________________________
(Signature) (Print Name)
__________________________________________ _ __________________________________________
(Title) (Date)
NOTARY
Subscribed and sworn to before me this ________ day of _______________________________, 20______.
My Commission Expires:______________________ __________________________________________
(Signature)
71
EXHIBIT N
ENGINEER/CONSULTANT’S CERTIFICATION
For Acceptance and Final Payment
(to be completed at conclusion of project)
City of Riverside, Missouri
Project Name: 2017 STREET MAINTENANCE PROJECT
Project No: 316-016
Contractor: ________________________________________
Contract Date: ____________________________
Date of Completion and Acceptance: _____________________________________
The Contractor has notified me that he has completed all work in accordance with the Contract
Documents and that it is functioning properly.
I hereby certify that a final inspection of all work under the Contract Documents was conducted by me
and to the best of my knowledge; the work has been completed in accordance with the drawings and
specifications and is functioning properly.
I have approved all payment estimates, and prepared and received approval of all change orders. I have
received the required certifications; instructions for operating the equipment, manuals, and other documents that
are applicable to this project from the Contractor and have delivered them to the City.
The City is now responsible for the security, operation, safety, maintenance, and insurance as applicable
to the project. The Contractor will warranty all specified work for a period of one (1) year (or a longer period if
governed by Missouri Statutes) from this date of completion. Notification has been given to the proper
Government agencies that the work is completed.
I recommend, under the provision of the Contract Documents that the Work be accepted and that final
payment be made.
Executed by the Engineer on this _______day of ______________________________, 20____.
Signature:____________________________________
(SEAL) Typed Name: ________________________________
The work described above accepted by the consultant is hereby acknowledged and final
payment authorized.
____________________________________
Kathleen L Rose, Mayor
(SEAL) Date: ____________________________
Attest: __________________________
Robin Kincaid, City Clerk
cc: Contractor
72
DIVISION 1 – GENERAL REQUIREMENTS
73
01015 CONTRACTOR USE OF PREMISES
The Contractor shall confine all construction activities to the limits of the project right-of-way and
easements. Any additional easements and access to private property that are desired outside the project
limits are the responsibility of the Contractor.
If the Contractor desires access to private property that is outside the project limits, the Contractor
shall obtain a written agreement between the Property Owner and the Contractor and submit this
written agreement to the City prior to accessing the private property.
01030 SPECIAL CONDITIONS
A. Examination of the Site: Bidders may visit the site and inform themselves of all conditions
presently existing. Failure to visit the site will in no way relieve the successful bidder from the
necessity of furnishing all materials and performing all work required to complete the work in
accordance with the specifications.
B. Measurements: Any dimensions provided shall be verified by the Contractor. Any
discrepancies between the specifications and the existing conditions shall be referred to the
Owner for adjustment, before the work is performed.
C. Protection of Monuments: The Contractor must carefully preserve bench marks, references or
stakes and in case of willful or careless destruction, he shall be charged with the resulting
expense and shall be responsible for any mistakes that may be caused by their unnecessary loss
or disturbance.
D. Responsibility of Contractor for Backfill Settlement: The Contractor shall be responsible,
financially and otherwise, for:
1. Any and all settlement of trench and other backfill which may occur from the time of
original backfilling until the expiration of a period of one year from and after the date of
final acceptance of the entire contract under which the backfilling work was performed.
2. The refilling and repair of all backfill settlement and the repair or replacement to the
original or a better condition of all pavement, top surfacing’s, driveways, walks, surface
structures, utilities, drainage facilities, sod and shrubbery, which have been damaged as
a result of said backfill settlement or which have been removed or destroyed in
connection with backfill replacement operations.
3. The Contractor shall make, or cause to be made, all necessary backfill replacements and
repairs or replacements appurtenant thereto, within 30 days from and after due
notification by the Owner of backfill settlement and resulting damage at any designated
location or locations.
E. Breakage and Damage: The Contractor shall be responsible for any breakage, damage or other
injury to existing or new facilities caused directly or indirectly by his operations and he shall
74
replace, at his own expense, in a manner approved by the Owner any such broken or damaged
material.
F. Delivery of Materials: The delivery of all materials, equipment, and miscellaneous items
entering into the construction of the work is a part of this contract, including freight and
hauling charges both to and from transportation points. Payment of charges for the above items
shall be made by the Contractor. An amount covering all charges for freightage and delivery of
items shall be included as a part of the contract price and in no case will an extra be allowed for
such charges.
G. Pumping and Shoring: The Contractor shall promptly remove all water that may reach the
trenches and other excavated portions of the premises at any time during the progress of the
work, and he shall keep the premises free from accumulations of water at all times until the
completion of the work. All temporary shoring required shall be furnished and installed by the
Contractor and shall be designed in accordance with current OSHA requirements. Trench
sheeting shall not be pulled before backfilling unless pipe strength is sufficient to carry trench
loads based on trench width to the back of sheeting. No separate payment will be made for
temporary shoring or pumping.
H. Labor and Tools: Work which should properly be done by skilled labor shall not be attempted
with common laborers. The various contractors shall have on the job, at all times, ample
equipment to carry on the work properly, including such tools as may be necessary to meet
emergency requirements.
I. Storage of Materials: All materials delivered to the job shall be stored so as to keep them in
first class condition and free from deterioration or contamination.
J. Coordination: All contractors, subcontractors and trades shall cooperate in coordination of
their several works, but the principal responsibility for coordinating the project as a whole and
the operations of the contractors and subcontractors shall lie with the Prime Contractor.
K. Blasting: No blasting will be allowed on this project.
L. Definitions of Contract Completion: This section defines the terms “Substantial Completion”
and “Final Completion” as they are used in the Contract Documents.
1. Substantial Completion: Substantial completion is defined as 100% completion of the
following items:
a. Line Creek Trail
b. 47th Terr
c. Florence Ave
d. 50th St
e. 50th Terr
f. 51st St
g. Woodside Dr
h. Woodside Ct
i. Flintridge Dr
j. City Hall Campus
75
2. Final Completion: Final completion shall be defined as 100% completion of all work
items other than the ones listed under “Substantial Completion” and all other work
items as provided for in the Contract Documents.
01040 COORDINATION:
A. All construction activities shall be coordinated with all utility owners and the City of Riverside.
Contractor shall be responsible for notifying all utility owners with facilities within the project
limits prior to construction so the utilities can be located and identified.
B. All construction activities shall be coordinated with adjacent property owners affected by
construction of the project to assure access to their properties. Driveways to adjacent
properties shall be accessible at the end of each working day.
C. The Contractor will be responsible for notifying the City Engineer in writing of the dates when
construction will begin and end. The City will notify the school district, fire, and police
departments, and the local newspapers.
D. The Contractor shall be responsible for obtaining all necessary permits, and paying for any and
all inspection and permit fees as required by the City.
E. Project Coordination Meetings: In addition to the above said coordination responsibilities, the
Contractor shall attend construction progress meetings with the City Engineer on a monthly
basis (at a minimum). Additional meetings may be held as needed. No direct payment will be
made for this item but shall be considered subsidiary to other bid items.
F. The Contractor shall coordinate his/her work to ensure that the Work is complete and to ensure
efficient and orderly sequence of installation of construction elements.
G. In the event certain parts of work are assigned to subcontractors, the Contractor shall be
responsible to ensure each subcontractor completes work and that all interfaces between trades
are properly addressed. All subcontractors shall also coordinate their work with the Owner
through the Contractor.
H. The Contractor is solely responsible for all Assignments of Work among subcontractors.
I. The Contractor shall be responsible for assigning and coordinating work and ensuring that
suppliers and installers are familiar with all requirements in Contract Documents relating to
each item of work, regardless of location of information in Contract Documents.
01051 CONSTRUCTION SURVEY AND STAKING:
A. General: This item shall be provided by the City.
76
01060 STANDARD SPECIFICATIONS AND PLANS
A. General: The work shall conform to the plans and contract specifications as outlined. The
standard specifications and plans which govern this work are listed below. In case of conflict,
the specifications listed in this document shall take precedence over those listed in the stated
Standard Specifications.
B. Standard Specifications: Except where noted otherwise, the work shall conform to the latest
edition of the Kansas City Metropolitan Chapter of APWA Standard Specifications and Design
Criteria, Division II (APWA Standard Specifications). The referenced APWA Standard
Specifications are available at the following website:
http://kcmetro.apwa.net/chapters/kcmetro/specifications.asp
C. Standard Plans: The work shall conform to the latest edition of the Kansas City Metropolitan
Chapter of APWA Standard Plans when referenced in the construction documents. The
referenced APWA Standard Plans are available at the following website:
http://kcmetro.apwa.net/chapters/kcmetro/specifications.asp Other standard plans and
specifications may be referred to and therefore adopted into these specifications.
01270 MEASUREMENT AND PAYMENT
A. The quantities as given in the Itemized Proposal are not guaranteed to be the exact or total
quantities required for the completion of the Work shown on the drawings and described in the
specifications. Increases or decreases may be made over or under the Itemized Proposal
estimated quantities to provide for needs that are determined by the Owner during the process
of the Work. Contract unit prices shall apply to such increased or decreased quantities. The
Bidder is warned against unbalancing his bid, since the unit prices will apply to deductions as
well as additions. The Owner has the privilege of omitting or adding to any unit items in the
Bid Form.
B. The Contractor agrees that he will make no claim for damages, anticipated profits, or
otherwise, on account of any difference between the amounts of Work actually performed and
materials actually furnished and the estimated amounts thereof. The Owner will not pay for or
be responsible for unused materials which may have been ordered by the Contractor in
accordance with the estimated quantities listed in the Bid Form.
C. It is the intent of the Contract Documents that all costs in connection with the Work, including
furnishing of all materials, equipment, supplies and appurtenances; providing all construction
plant, equipment, and tools; and performing of all necessary labor to fully complete the Work,
shall be included in the unit and lump sum prices named in the Itemized Proposal. No item of
Work that is required by the Contract Documents for the proper and successful completion of
the Contract will be paid for outside of or in addition to the prices submitted in the Itemized
Proposal. All Work not specifically set forth in the Bid Form as a pay item shall be considered
77
a subsidiary obligation of the Contract, and all cost in connection therewith shall be included in
the process named in the Itemized Proposal.
D. Even though the details for measurement and payment of a particular item are outlined in the
following articles, if said item does not appear in the Itemized Proposal, or if said item is a part
of another item listed in the Itemized Proposal, it will not be measured for payment.
E. Whenever in the Itemized Proposal there is a discrepancy between unit prices and extensions or
totals, the unit prices will govern, and the extensions or totals will be corrected accordingly.
F. Items for payment will be measured in accordance with the stipulations of these specifications
and as further shown on the drawings. Pay limits given are maximum, and where actual
quantities of work items are less than as computed by said pay limits, the Contractor will be
paid only for the actual quantities.
G. Payment will be made as the sum of the following:
1. Final authorized quantity of each item in the Itemized Proposal multiplied by the
contract unit price therefore.
2. Lump sum payment for each item so listed in the Bid Form, at the contract lump
sum price therefore.
3. Any special payment or adjustment, plus or minus, as provided for in the
Agreement.
H. Pay Items
1. Mobilization: This item shall consist of preparatory work and operations,
including, but not limited to, those necessary for the movement of personnel,
equipment, supplies, and incidentals to the project site; for the establishment of
all offices, buildings, and other facilities necessary for work on the project
except as provided in the contract as separate bid items; and for all other work
and operations which must be performed or costs incurred prior to beginning
work on the various items on the project site; for periodic cleanup during
construction and for cleanup upon completion of the work. Lump sum bid for
“Mobilization” shall not exceed 3% of the itemized proposal total.
Payment will be based on the contract lump sum bid price for “Mobilization”, partial
payments will be allowed on the next estimate as follows:
3.5.1 When 5 percent or more of the original contract amount is earned, 25 percent.
3.5.2 When 10 percent or more of the original contract amount is earned, an additional 25 percent.
3.5.3 When 25 percent or more of the original contract amount is earned, an additional 25 percent.
3.5.4 When 50 percent or more of the original contract amount is earned, the final 25 percent.
78
Nothing herein shall be construed to limit or preclude partial payments otherwise provided
by the contract.
2. Construction Survey and Staking: Contractor is responsible for providing all
required construction surveys. Contractor shall be responsible for proper
replacement or resetting of monuments, section corners, property corners,
benchmarks, or other reference points that are moved or destroyed by
construction of the project by a Registered Land Surveyor, duly registered in the
state of Missouri.
Payment will be based on the contract lump sum bid price for “Construction Survey and
Staking”. If this item is subcontract out, payment will be based on action invoices
submitted by the survey subcontractor subject to the review of the City. If this item is not
subcontracted, partial payments will be allowed on the next estimate as follows:
a. When 5 percent or more of the original contract amount is earned, 25 percent.
b. When 10 percent or more of the original contract amount is earned, an additional
25 percent.
c. When 25 percent or more of the original contract amount is earned, an additional
25 percent.
d. When 50 percent or more of the original contract amount is earned, the final 25
percent.
Such payment shall constitute full compensation for all labor, materials, equipment, tools,
and performance of all work necessary to complete the item. Nothing herein shall be
construed to limit or preclude partial payments otherwise provided by the contract.
3. Temporary Traffic Control: This item shall include all personnel, equipment,
supplies, and incidentals for Contractor to provide traffic control meeting
requirements of “Part 6 of the Manual on Uniform Traffic Control Devices
(MUTCD) current edition” and its latest revisions.
Payment will be based on the contract lump sum bid price for “Temporary Traffic Control”.
Nothing herein shall be construed to limit or preclude partial payments otherwise provided
by the contract.
4. Clearing and Grubbing: This item shall include all work necessary to prepare
site for construction including demolition of existing features, stripping and
stockpiling topsoil, all material, equipment, tools, labor and work incidental
thereto as required to complete this item as specified.
Payment will be based on the contract lump sum bid price for “Clearing and Grubbing”.
5. Net Earth Embankment (In Place): This item shall include all work necessary to
excavate and compact site to final earthwork grade, including all materials,
79
equipment, tools, labor and work incidental thereto as required to complete this
item as specified. The net earth embankment quantity in the bid form is a
comparison between the proposed finish earthwork surface and the existing
grade within the proposed grading extents. The quantity calculation does not
take into account any shrink or swell of material.
Payment will be based on a cubic yard basis, based on project plan quantities for “Net
Embankment (In Place).” The Contractor shall review the existing cross sections and
agree, or disagree with the existing ground line before beginning any excavation or
embankment construction. Areas in question may be resurveyed to confirm the cross
sections in question, if any. If the Contractor performs a re-survey of the existing ground
line it shall be at his expense. The engineer shall be on site during the survey and shall be
given a copy of the survey notes. Contractor shall provide as-built survey in AutoCAD
format for comparison to pre-construction conditions.
6. Sediment Fence: This item shall include all work necessary to install, maintain
throughout project, and remove temporary sediment fence, including all
materials, equipment, tools, labor and work incidental thereto as required to
complete this item as specified. No direct payment will be made for
maintenance (i.e. cleaning, removal of silt, repairing, setting up or replacing
previously paid for devices, etc.).
Payment will be based on measured linear foot basis for “Sediment Fence.”
7. Curb Inlet Sediment Filter: This item shall include all work necessary to install,
maintain throughout project, and remove temporary curb inlet sediment filter,
including all materials, equipment, tools, labor and work incidental thereto as
required to complete this item as specified. No direct payment will be made for
maintenance (i.e. cleaning, removal of silt, repairing, setting up or replacing
previously paid for devices, etc.).
Payment will be based on measured per each basis for “Curb Inlet Sediment Filter.”
8. Reinforced Concrete Pipe (60”, Class III): This item shall include all work
necessary to install storm culvert pipe including trenching, bedding, furnishing
and installation of pipe, couplings, backfill, compaction, testing, equipment,
tools, labor and work incidental thereto as required to complete this item as
specified.
Payment will be based on measured linear foot basis for “Reinforced Concrete Pipe (60”,
Class III).”
9. RCP End Section (60”): This item shall include all work necessary to install
storm end section including trenching, bedding, furnishing and installation of
end section, couplings, backfill, compaction, testing, equipment, tools, labor and
work incidental thereto as required to complete this item as specified.
80
Payment will be based on measured per each basis for “RCP End Section (60”).”
10. Portland Cement Concrete Pavement, 5” depth: This item shall include all work
necessary to construct concrete pavement including layout, forming, furnishing
all material, finishing, equipment, tools, labor and work incidental thereto as
required to complete this item as specified.
Payment will be based on measured square foot basis for “Portland Cement Concrete
Pavement, 5” Depth.”
11. MoDOT Type 1 Aggregate Base, 4” depth: This item shall include all work
necessary to install aggregate base including subgrade preparation, compaction,
furnishing all material, equipment, tools, labor and work incidental thereto as
required to complete this item as specified.
Payment will be based on measured square yard basis for “MoDOT Type 1 Aggregate
Base, 4” Depth.”
12. MoDOT Type 1 Aggregate Base, 6” depth, w/ Filter Fabric: This item shall
include all work necessary to install filter fabric and aggregate base including
subgrade preparation, fabric tie-downs, compaction, furnishing all material,
equipment, tools, labor and work incidental thereto as required to complete this
item as specified.
Payment will be based on measured square yard basis for “MoDOT Type 1 Aggregate
Base, 6” Depth, w/ Filter Fabric.”
13. L-385 Stone Riprap (Depth Varies): This item shall include all work necessary
to install riprap including subgrade preparation, bedding material, compaction,
furnishing all material, equipment, tools, labor and work incidental thereto as
required to complete this item as specified.
Payment will be based on measured square yard basis for “L-385 Stone Riprap, 18 and 24”
Depth.”
14. Removable Pipe Bollards: This item shall include all work necessary to furnish
and install removable pipe bollards including foundation construction, painted
bollard, equipment, tools, labor and work incidental thereto as required to
complete this item as specified.
Payment will be based on measured per each basis for “Removable Pipe Bollards.”
15. Barrier Gate, 12-ft, w/ Sign: This item shall include all work necessary to
furnish and install stainless steel barrier gate with fixed posts, including
foundation construction, gate, gate holdbacks, trail closed signage, equipment,
tools, labor and work incidental thereto as required to complete this item as
specified.
81
Payment will be based on measured per each basis for “Barrier Gate, 12-ft, w/ Sign.”
16. Seeding, Sodding, Fertilizing, & Mulch: This item shall include all work
necessary to establish seeding or sod as identified on the contract documents
including, but not limited to, seedbed preparation, mulching, fertilizer and
watering until vegetation is accepted, furnishing all material, equipment, tools,
labor and work incidental thereto as required to complete this item as specified.
Payment will be based on measured acre basis for “Seeding” and measured square yard
basis for “Sodding.”
17. Irrigation System Repair: This item shall include all work necessary to modify
and repair any irrigation system impacted by this project, including, but not
limited to, excavation, piping, fittings, sprinkler heads, furnishing all material,
equipment, tools, labor and work incidental thereto as required to complete this
item as specified.
Payment will be based on a lump sum basin for “Irrigation System Repair.”
82
01310 JOB SITE ADMINISTRATION:
I. The Contractor, or a duly authorized representative to act for him, shall continually be present
at the site of the work, whenever construction activities are underway, for the duration of this
project.
J. The Contractor shall designate, in writing, his duly authorized representative(s) at the
preconstruction meeting. The duly authorized representative(s) will be the official liaison
between the Owner and Contractor regarding the signing of pay estimates, change orders,
workday reports and other forms necessary for communication and project status inquiries.
Upon project commencement, the Owner shall be notified, in writing, within five (5) working
days of any changes in the Contractor's representative(s).
01320 CONSTRUCTION SCHEDULE:
A. General: The Contractor shall prepare and maintain a construction schedule for the duration of
the project.
B. Baseline Schedule: The Contractor shall prepare a baseline schedule to be presented to the
Owner for review at the pre-construction meeting. The baseline construction schedule shall be
in a form approved by the Owner and shall include at least the following information for each
significant work item during each phase of the project:
1. Beginning date of Project.
2. Ending date of Project.
3. Beginning Date of Each Phase.
4. Completion Date of Each Phase.
5. Scheduled percentage of completion at the end of each calendar month.
6. Scheduled percentage complete for each phase at the end of each calendar month.
The Owner will review the proposed progress schedule, and may require the Contractor to
revise the same if, in the Owner's judgment, revisions are required to provide for completion of
the project within the Contract Time.
C. Schedule Updates: In addition to submitting a baseline project schedule, the Contractor shall
update the project schedule prior to each monthly construction progress meeting. The updated
schedule shall show the original baseline schedule, the actual work progress and the estimated
completion of each significant work item for each phase of the project. The updated schedule
shall be distributed to the City at each progress meeting.
D. Payment: No direct payment shall be made.
83
01330 SUBMITTALS
A. Shop Drawings: A minimum of two (2) copies each of manufacturer's shop drawings and data
sheets shall be submitted to the Owner indicating the necessary installation dimensions,
weights, materials and performance information.
The shop drawings shall be distributed as follows: One (1) copy for the City and one (1) copy
for the prime Contractor. The Contractor shall supply additional copies as necessary for any
subcontractors.
Submittals for equipment and materials shall include reference to indicate where it is to be
used; whether by tag number, specification paragraph, or description of use.
Approval of shop drawings will be for conformance with the design concept of the project and
for compliance with the information given in the Technical Specifications. The approval of a
separate item, as such, will not indicate approval of the assembly in which the item functions.
Submittals: The following is a list of submittals required:
3.13 Aggregate (other than those used in pavements or structures)
A. Gradation Test Results
B. Soundness Test Results
3.14 Fill Material
1. Source for Material
2. Moisture-Density Relationships
3.15 Concrete Mix Design (For Each Mix used on the Project)
A. Source of Materials
B. Concrete Manufacturer’s Name
C. Testing Laboratory Name
D. Results of the Mix Design
1. Compressive Strength
2. Air Contents
3. Slump
4. Cement Content
5. Water Content
6. Fine Aggregate
1. Gradation Test Results
2. Soundness Test Results
7. Coarse Aggregate
A. Gradation Test Results
B. Soundness Test Results
d. Additives as called for in plans or specifications
e. Certification of Reinforcing Steel
f. Certification of Fly Ash (if used)
g. Asphalt Mix Designs (for each mix used on the project)
1. Source of Materials
2. Asphalt Manufacturer’s Name
84
3. Testing Laboratory Name
4. Results of the Mix Design
B. Marshall Characteristics, including all those items listed under
APWA Section 2205.3.D (If a SuperGyratory Compactor is used to
prepare the asphalt samples, the Marshall flow and stability
measurements will be waived however the alternate test values listed
in the second paragraph of APWA Section 2205.3.D will be required
to be submitted).
C. Asphalt Cement Content
D. Fine Aggregate
1. Gradation Test Results
2. Soundness Test Results
E. Coarse Aggregate
i. Gradation Test Results
ii. Soundness Test Results
h. Soil-Fly Ash Mixture:
i. Fly ash material
ii. For soil-fly ash mixture (with specified % of fly ash) for each different type
of soil anticipated to be used in the pavement subgrade stabilization:
iii. ASTM D558 modified to a 2 hour delay. At each moisture content, strength
testing (ASTM D 1633) modified to curing sealed for 7 days at 100 degrees
(F) shall be performed.
i. Storm Sewer
i. Piping
1. Certification of Piping and Fittings
2. Structures
a. Precast Shop Drawings
b. Catalogue Cuts on Metal Castings
j. Signing Materials
i. Equipment and Materials List including
Manufacturer and Catalogue Number
k. Pavement Marking Materials
ii. Certification that all materials used are in
compliance with specifications included
herein.
l. Silt Fence
iii. Manufacturer’s information showing
compliance with physical requirements as
listed in Section 02205.
m. Sanitary Sewer Pipe and Fittings
iv. Certification of Piping and Fittings
v. Precast Manhole Shop Drawings
vi. Precast Manhole Fittings
vii. Manhole Ring, Cover and Steps
viii. Manhole Joint Compound
ix. Manhole Coating
x. Manhole Casting and Barrel Wraps
85
n. Utility Conduits
o. Certification that all materials used are in compliance with specifications included
herein.
01410 TESTING LABORATORY SERVICES
A. General: Work under this item shall consist of furnishing all materials, labor and equipment
necessary for a private testing laboratory to provide the material testing for items incorporated
into the project. The tests, frequency and reports required to confirm contract compliance shall
be as specified in the APWA Standard Specifications unless otherwise noted below:
Material Test Standard Frequency
Soils Moisture Density ASTM D698 Minimum 1 per soil type
(on site or borrow).
Soils In-place Density and
Moisture Content
ASTM D2922,
D3017
Min of 4 tests per day for
each active grading spread.
Min. 2 per lift in trench
backfill.
Concrete Compression Tests ASTM C31, C143,
C172
1 set of cylinders from
the first pour and each
200 C.Y. thereafter.
Note: Air and slump tests
are required for each set
of cylinders created.
Concrete Slump ASTM C143 At the beginning of each
pour and for 100 C.Y.
thereafter.
Concrete Air Content ASTM C231 At the beginning of each
pour and for 100 C.Y.
thereafter.
Asphalt Mix Design AI MS-2 At the beginning of
placement each day.
Asphalt Sampling Bituminous
Mixtures
ASTM D-979 At the beginning of
placement each day.
Asphalt Binder Content ASTM D-2172 At the beginning of
placement each day.
Asphalt Density of In-Place
Bituminous Concrete
ASTM D 2950 Once a day per road
section (base and/or
surface courses)
One copy of the test results shall be submitted to the Owner electronically within 24 hours of
the test completion, and one hard copy to be submitted to the Owner within five (5) days of the
test completion.
The testing lab must be agreed upon by the Contractor and the Owner.
86
B. Payment: No direct payment shall be made. This item shall be considered subsidiary to the bid
items of the materials being tested.
01524 WASTE AREA, MATERIAL STORAGE AND SITE APPEARANCE
A. General: The Contractor shall make his own arrangements for material and equipment storage
areas and non-soil waste area.
The Contractor shall keep the site clean and free of all refuse, rubbish, scrap materials, and
debris as a result of construction activities so that at all times the site of the work shall present a
neat, orderly and workmanlike appearance. This includes the removal of earth and debris from
streets and roads that resulted from the Contractor’s activity. The Contractor shall restore the
site of work and adjacent disturbed areas to the condition existing before work began as a
minimum.
B. Payment: No direct payment shall be made. This item shall be considered subsidiary to the bid
item, “Mobilization”.
01567 POLLUTION CONTROL
No open burning will be permitted. See Section 02350 for erosion and sediment control,
Section 02820 for seeding/sodding.
Contractor is responsible for maintaining and updating site specific Stormwater Pollution
Prevention Plan.
01570 TEMPORARY TRAFFIC CONTROL
A. General: Temporary traffic control on this project shall be done in accordance with Section
616 and all referenced sections of the Missouri Standard Specifications for Highway
Construction (current edition) as published by the Missouri Highways and Transportation
Commission.
This section shall cover all temporary traffic control devices as detailed on the plans or as
directed by the Owner in charge of construction.
B. Temporary Traffic Control Devices:
All temporary traffic control devices shall be in conformance with "Part 6 of the Manual on
Uniform Traffic Control Devices (MUTCD)," Current Edition and its latest revisions.
87
01732 DEMOLITION
A. General: This item includes, but is not limited to, the removal and disposal of landscaping
items, signs, fences, pipes, existing storm sewers, end sections and appurtenances, and all other
items designated for removal in the plans or as directed by the Project Manager. All items that
are inside the construction limits, including those not listed or shown on the plans, shall be
included in this item. Demolition shall be done in accordance with Section 2101 of the APWA
Standard Specifications.
1. Sawcut Existing Pavement Full Depth: Where portions of the existing pavement are to
be removed, the existing pavement shall be cut with a concrete saw to full depth. If the
remaining pavement is chipped or cracked during sawing and removal, it shall be re-
sawed behind the limits of the chip or crack. No additional payment will be made for
the replacement of pavement damaged during construction other than that shown on the
plans. This is considered subsidiary to the bid item “Clearing and Grubbing.”
3 Workmanship: All removals, except for suitably sized broken pavement, shall be properly
discarded off the project limits and shall not be re-used or used as an embankment material within
the project limits.
C. Payment: No direct payment shall be made for demolition. This item shall be considered
subsidiary to the bid item “Clearing and Grubbing”.
88
DIVISION 2 – SITEWORK
89
02230 CLEARING AND GRUBBING
A. General: Clearing and grubbing shall be done in accordance with Section 2101 of the APWA
Standard Specifications.
B. Payment: No direct payment will be made.
02300 EARTHWORK
A. General: Grading shall be in accordance with Section 2100 of the APWA Standard
Specifications. Subgrade preparation shall be in accordance with Section 2201 of the APWA
Standard Specifications, except as otherwise specified herein.
a. Embankment: Embankment shall include the placing and compacting of all materials
necessary to construct the improvements as shown on the plans.
i. Upon completion of stripping, but prior to placing new fill, the exposed grade in fill
areas shall be broken up by plowing or scarifying to a minimum depth of 6 inches
and recompacted as specified. All embankment fill shall be compacted to a density
of at least ninety-five percent (95%) of the maximum density for material used as
determined by ASTM Designation D-698. The top one-foot of embankment as well
as the embankment surrounding utilities shall contain no rock larger than 3 inches.
ii. The area in the plans designated as “compacted fill” shall be graded and compacted
to 95% maximum density to the elevation of two feet above the top of pipe prior to
excavating for the pipe installation.
b. Over-excavation and Placement of Backfill: At the direction of the Owner, excavation of
unsuitable subgrade material and placement of suitable fill material may be employed.
Overexcavation and placement of backfill will include the removal of all unsuitable
material beyond the excavation limits as shown on the plans, placement of backfill material
and compaction of backfill per the above listed Embankment specifications.
B. Payment: No direct payment will be made.
02350 EROSION AND SEDIMENT CONTROL
A. General: Erosion and sediment control shall be in accordance with APWA Standard
Specifications Section 2150.
1. The Contractor is responsible for providing sufficient control of sediment and erosion to
prevent migration of sediment off the construction site throughout the duration of the
project.
2. All sediment escaping the project site and entering the downstream ditches shall be
removed immediately at the expense of the Contractor. If the existing vegetation is
damaged by the sediment, or by the removal of the sediment, it shall be replaced with
like vegetation at the expense of the Contractor.
B. Payment: No direct payment will be made.
90
02510 - ASPHALT PAVEMENTS
PART 1 - GENERAL
1.1 SCOPE OF WORK
A. Under this section of the Specifications, the Contractor shall provide all labor, materials, tools
and equipment necessary to complete the following items of work:
1. Bituminous concrete pavements.
1.2 RELATED WORK NOT INCLUDED IN THIS SECTION
A. Earthwork: Section 02300.
B. Pavement Markings: Section 02870.
C. Materials and testing shall be in accordance with the latest edition of the applicable provision
of the American Society for Testing Materials (ASTM).
1.3 UNIT PRICE - MEASUREMENT AND PAYMENT
A. Asphaltic Pavement:
1. Basis of Measurement: By the square yard.
2. Basis of Payment: Includes all labor, equipment and materials necessary for mix design,
supplying to site, testing, forming, placement, curing, protection, joint sealing and
backfilling.
PART 2 - MATERIALS
2.1 ASPHALT MATERIALS
A. Asphalt Cement: Asphaltic cement shall conform to ASTM D946.
B. Coarse Aggregate: Coarse aggregate shall be in accordance with MCIB Section 4 - Paragraph
2, except that the total shale, clay, coal and lignite content shall not exceed 0.5 percent by
weight.
C. Fine Aggregate: Fine aggregate shall be in accordance with MCIB Section 4 - Paragraph 3.
2.2 AUXILIARY MATERIALS
A. Joint Sealant: ASTM 6690, hot-applied, single-component, polymer-modified bituminous
sealant.
0.3 ASPHALT ACCESSORIES
A. Primer: Homogeneous, medium curing, liquid asphalt, Type MC-70.
91
B. Tack Coat: Homogeneous, medium curing, liquid asphalt, Type RC-70.
C. Sand Cover: Sand cover used for blotting excess primer shall be clean granular mineral
meeting the following gradation:
Sieve Size Percent Passing
No. 4 100
No. 200 0-2
The moisture content of the sand shall not exceed 3 percent by weight.
0.4 ASPHALT PAVING MIX
A. Use dried and heated material to avoid foaming. Mix uniformly.
B. Asphaltic Concrete Base Course Type 1: Asphalt base shall contain 4 to 6 percent of asphalt
cement by weight in mixture. Mineral aggregates shall conform to the following gradation:
Sieve Size Percent Passing
By Weight
1 1/2" 100
1" 75-100
3/4" 60-85
1/2" ----
3/8" 40-65
No. 4 30-50
No. 10 17-33
No. 40 ----
No. 80 5-12
No. 200 2-10
1. In addition to the above limits, the difference between the "percent passing" of
successive sieve sizes shall not exceed 25 percent.
2. At the Contractor's option Asphalt Base may contain up to 50 percent Reclaimed
Asphalt Pavement (RAP) and/or Reclaimed Aggregate Materials (RAM).
3. Recycled Asphaltic Concrete Material shall have the following additional tests
performed:
a. ASTM C-117 Standard Test Method for Material Finer than No. 200 Sieve in
Mineral Aggregates by Washing.
b. ASTM C-136 Standard Method for Sieve Analysis of Fine and Coarse
Aggregates.
c. ASTM D-2172 Standard Test Methods for Quantitative Extraction of Bitumen
from Bituminous Paving Mixtures, Method "A".
4. The extracted asphalt from Method "A" ASTM D-2172 shall be reclaimed from
solution in accordance with ASTM D-1856 Standard Test Method for Recovery of
Asphalt from Solution by Abson Method.
92
a. The consistency of the asphalt shall be determined on the basis of viscosity at 140
degrees F in accordance with ASTM D-2171 Standard Test Method for Viscosity
of Asphalts by Vacuum Capillary Viscometer.
b. The grade of asphalt used in recycled mixes shall be the same grade as for virgin
mixes.
5. New asphalt cement added to recycled asphalt shall meet the requirements of ASTM D-
3381, Standard Specification for Viscosity-Graded Asphalt Cement for use in Pavement
Construction or ASTM D-946, Standard Specification for Penetration-Graded Asphalt
Cement for use in Pavement Construction.
6. Any material obtained from cut-back asphaltic concrete streets or road-oil-chip seal
streets is unacceptable for recycled asphaltic concrete.
7. Recycling Agents, if used, shall meet the requirements of ASTM D-4552 Standard
Practice for Classifying HOT MIX Recycling Agents.
8. The blend of RAP and/or RAM and virgin aggregates shall be checked for resistance to
stripping. Use ASTM D-1075 Standard Test Method for effect of Water on Cohesion
of Compacted Bituminous Mixtures. The index of retained strength shall exceed 75
percent.
9. Maintain stockpiles of RAM and RAP at the plant separated on the basis of mix type-
surface, binder and base. Stockpiles shall be free of foreign matter. RAM and/or RAP
shall be processed such that 100 percent passes the 1 1/2 inch sieve and 90 percent
passes the 1 inch sieve.
10. RAP and/or RAM stockpiles shall be free of all foreign matter, including but not limited
to ice, wood, soil, broken sewer castings, loop detector wire, joint filler material, lane
markers, trash and debris.
11. Mix Design Requirements: Mix design for recycled mixtures shall be in accordance
with the Asphalt Institute's Manual Series No. 20 (MS-20) titled Asphalt Hot-Mix
Recycling Section 3.00.
12. All delivery tickets of asphaltic pavement material shall designate the type of recycled
mix (RC - Type 1, RC - Type 2, RC - Type 3, or RC - Type 4).
C. Asphaltic Concrete Surface Course Type 3: Surface course Type 3 shall consist of all virgin
material with 4 to 7 percent of asphalt cement by weight in mixture. Mineral aggregates shall
conform to the following gradation:
Sieve Size Percent Passing
By Weight
3/4" 100
1/2" 85-100
3/8" 70-90
No. 4 50-70
No. 10 34-43
No. 40 16-27
No. 80 7-16
No. 200 4-10
1. In addition to the above limits, the difference between the "percent passing" of
successive sieve sizes shall not exceed 20 percent.
0.5 AGGREGATE BASE COURSE
93
A. Coarse aggregate base shall be crushed stone free of lumps or balls of clay and any other soft
or objectionable material. Gradation shall be in accordance with ASTM C-136 and the
following:
Sieve Size Percent Passing
By Weight
1 1/4" 100
1" 72-100
3/4" 60-90
3/8" 43-74
No. 4 28-60
No. 10 16-40
No. 40 3-22
No. 200 0-15
The difference between the percent passing of successive sieve sizes shall not exceed 25
percent.
B. The coarse aggregate base material shall be angular particles with a minimum of 90 percent of
the stones having two or more fractured surfaces.
C. The specific gravity for base coarse aggregate shall not be less than 2.54 (S.S.D. Bulk).
D. The abrasion loss for the aggregate when subjected to 500 revolutions in a Los Angeles
abrasion machine, according to ASTM C-131, shall be no more than 35 percent.
E. That portion of the aggregate passing the 1 inch sieve and retained on the No. 4 sieve shall
have, by weighted average, a loss not greater than 10 percent when subjected to five cycles of
the Soundness Test, ASTM C-88. Also this same potion of the material shall contain less
than 20 percent by weight particles which have a thickness to least width ratio of 1 to 3 and
least width to length ratio of 1 to 3.
F. That portion of the material passing the No. 40 sieve shall have a maximum plasticity index of
8 when tested in accordance with ASTM D-4318.
0.6 SOURCE QUALITY CONTROL
A. Provide tests of mix design for asphalt.
B. Submit proposed mix design of each class of mix for review prior to commencement of work.
C. Asphaltic concrete test samples shall be taken according to ASTM D-979 and tested for
Bitumen content according to ASTM D-2172.
94
PART 3 - EXECUTION
3.1 TESTING
A. The Contractor shall provide and pay for the services of a qualified, independent testing
laboratory to insure that the bituminous concrete mix designs and in-place thicknesses and
densities of base and surface courses are in compliance with all the provision of the
specifications.
3.2 SUBGRADE PREPARATION
A. The paving contractor shall proof roll the entire subbase area which is to be paved with a fully
loaded tandem dump truck before application of base material. If any portion is
unsatisfactory, that area shall be removed and shall have suitable fill replaced, recompacted
and retested before paving shall commence. The cost of this work shall be the responsibility
of the earthwork contractor.
3.3 INSTALLATION OF BITUMINOUS CONCRETE PAVEMENT
A. Bituminous concrete pavements shall be constructed in accordance with the applicable section
of KC-APWA except as herein amended.
B. Apply a prime coat to the aggregate base of 0.3 gallons per square yard of AC-30 liquid
emulsified asphalt.
C. Apply a prime coat of emulsified asphalt to all vertical contact surfaces of existing pavement,
manholes, catch basins, curbs and all other contact surfaces prior to paving.
3.4 CLEAN-UP
A. Upon completion of the work, all surplus materials, debris, tools and equipment shall be
removed from the site.
END OF SECTION 02510
02520 - PORTLAND CEMENT CONCRETE PAVING
PART 1 GENERAL
1.1 SECTION INCLUDES
A. Concrete curb and gutter, sidewalk and driveways.
1.2 RELATED SECTIONS
A. Section 02300 - Earthwork: Preparation of site for paving.
B. Section 02510 – Asphaltic Concrete Paving.
95
1.3 UNIT PRICE - MEASUREMENT AND PAYMENT
A. Concrete Curb and Gutter:
1. Basis of Measurement: By the lineal foot.
2. Basis of Payment: Includes all labor, equipment and materials necessary for mix
design, supplying to site, testing, forming, placement, curing, protection, joint sealing
and backfilling.
B. Concrete Sidewalk:
1. Basis of Measurement: By the square foot.
2. Basis of Payment: Includes all labor, equipment and materials necessary for mix
design, supplying to the site, testing, forming, placement, curing, protection, joint
sealing and backfilling.
1.4 REFERENCES
A. Division II, Construction and Materials Specifications for Paving, Section 2200, and Incidental
Construction, Section 2300, Kansas City Metropolitan Chapter of the American Public Works
Association Standard Specifications approved and adopted the 23rd day of May, 2001 together
with all additions, deletions and changes prescribed by the Public Works Department for the
City of Riverside, Missouri, one copy of which shall be kept on site at all times.
B. Midwest Concrete Industry Board (MCIB) Standard Specifications for Concrete Work,
Sections 3-1, 4-1, and 4-4, revised November 1999.
C. ACI 301 - Specifications for Structural Concrete for Buildings.
D. ANSI/ASTM A185 - Welded Steel Wire Fabric for Concrete Reinforcement.
E. ANSI/ASTM D1751 - Preformed Expansion Joint Fillers for Concrete Paving and Structural
Construction.
F. ANSI/ASTM D1752 - Preformed Sponge Rubber and Cork Expansion Joint Fillers for
Concrete Paving and Structural Construction.
G. ASTM A615 - Deformed and Plain Billet-Steel for Concrete Reinforcement.
H. ASTM A616 - Deformed and Plain Rail-Steel Bars for Concrete Reinforcement.
I. ASTM A617 - Deformed and Plain Axle-Steel Bars for Concrete Reinforcement.
J. ASTM C33 - Concrete Aggregates.
K. ASTM C88 - Soundness of Aggregates by Use of Sodium Sulfate and Magnesium Sulfate.
L. ASTM C131 - Resistance to Degradation of Small Size Coarse Aggregate by Abrasion and
Impact in the Los Angeles Machine.
96
M. ASTM C136 - Sieve Analysis of Fine and Coarse Aggregates.
N. ASTM C150 - Portland Cement
O. ASTM C260 - Air-Entraining Admixtures for Concrete.
P. ASTM C309 - Liquid Membrane-Forming Compounds for Curing Concrete.
Q. ASTM C494 - Chemical Admixtures for Concrete.
R. ASTM D698 - Moisture Density Relations of Soils and Soil Aggregate Mixtures.
S. ASTM D4318 - Liquid Limit, Plastic Limit, and Plasticity Index of Soils.
T. FS TT-C-800 - Curing Compound, Concrete, for New and Existing Surfaces.
U. FS TT-00227 and TT-00230-C - Rubberized Polysulfide Urethane Joint Sealing Compound for
Concrete Pavement.
1.5 SUBMITTALS
A. Submit under provisions setforth in General and Special Conditions and Division 1 of these
specifications.
B. Product Data: Provide data on mix design, joint filler, admixtures, and curing compounds.
1.6 QUALITY ASSURANCE
A. The Contractor is responsible for placing concrete when conditions are conducive to proper
curing.
B. Perform work in accordance with MCIB Standard Specifications and the requirements of the
City of Riverside, Missouri Public Works Department Standard Specifications .
C. Obtain materials from same source throughout.
1.7 ENVIRONMENTAL REQUIREMENTS
A. Do not place concrete when subgrade, forms or equipment are wet or frozen
or contain ice or snow. Cold weather concrete work, when the air temperature is below 40 F,
shall conform to MCIB Standard Concrete Specification, Section 4-4.
B. Hot weather concrete work, when the air temperature is above 80 F, shall conform
to MCIB Standard Concrete Specification, Section 4-4.
PART 2 PRODUCTS
97
2.1 FORM MATERIALS
A. Forms shall be in good condition, clean and free of imperfections. Each form shall not
vary more than 1/4 inch in horizontal and vertical alignment for each 10 feet in length.
B. Forms shall be metal with a height equal to or greater than the specified thickness of the
pavement slab or curb height.
C. Forms shall be of sufficient cross section and strength and secured to withstand all pressures
and loads imposed on it by concrete placement, vibration and finishing including any loads or
impact from equipment.
D. Slip form paving and curb machines may be used in place of forms. The machine shall be
equipped with mechanical internal vibrators and capable of placing pavement or curb to the
correct thickness, cross section, line and grade within the allowable tolerances.
2.2 JOINT MATERIALS
A. Expansion joint material for concrete curb and gutter, sidewalk and driveway shall be a
pre-formed, one piece, non-extruding material such as "Bondex" No. 941 pre-formed
rubber joint, "Rubatex", both manufactured by Rubatex Company or approved equal.
B. Joint sealing compound for concrete curb and gutter shall be a one component, gun-grade,
moisture cured epoxy or urethane such as "Valcum 45" manufactured by Maneco
International, "Sikaflex 1-A" by Sika Chemical Corporation or "Pecora CG-9" by Pecora Company or
approved equal.
2.3 REINFORCEMENT
A. Steel bar reinforcement for concrete pavement and curb dowels shall conform to ASTM A-
615, A-616 or A-617.
B. Welded wire fabric shall be W6X6 conforming to ASTM A-185.
2.4 CONCRETE MATERIALS
A. Portland cement shall conform to ASTM C-150, Type I.
B. Coarse aggregate shall conform to MCIB, Section 4-1. Only limestone from the Bethany
Falls or Calloway ledges shall be used.
C. Fine aggregate shall conform to MCIB Section 4-1.
C. Water shall be potable, not detrimental to concrete.
98
E. Air entrainment admixture shall be a neutralized vinsel resin type such as adair or an approved
equal conforming to ASTM C-260.
2.5 ACCESSORIES
A. Liquid membrane curing compound for use on pavement, curb and gutter, sidewalk and
driveways shall conform to one of the following types.
18. A white-pigmented, two component water insensitive epoxy having a solid epoxy
content of 40 to 60 percent. The application rate is 5 to 8 mils wet.
19. A liquid, white-pigmented, system of styrene acrylate Type I - Class 2 or liquid
chlorinated rubber Type II - Class 2, complying with Federal Specification No. TT-C-
800A. The application rate shall be 6 to 10 mils wet.
20. A fan pattern spray nozzle shall be used when applying liquid curing membrane.
2.6 CONCRETE MIX
A. Portland cement concrete used in construction of concrete pavement shall conform to MCIB
Mix No. A558-1-2-0.421.
B. Portland cement concrete used in construction of concrete curb and gutter shall conform to
MCIB Mix No. A558-1-2-0.421 or WA610-1-4-0.410.
C. Portland cement concrete used in construction of concrete sidewalk and driveways shall
conform to MCIB Mix No. WA610-1-4-0.410.
2.7 SOURCE QUALITY CONTROL
A. Submit proposed mix design of each class of concrete used to City and for review prior to
commencement of work.
B. Tests on cement and aggregates will be performed to ensure conformance with specified
requirements.
C. Test samples in accordance with ACI 301 and MCIB Standard Concrete Specifications.
PART 3 EXECUTION
3.1 EXAMINATION
i. Verify that subgrade is compacted as specified in Section 02300, Earthwork and ready to
support paving and imposed loads.
ii. Verify that grades and elevations are as indicated on the plans.
3.2 SUBGRADE
99
A. The subgrade surface shall be cut, filled and compacted as required to achieve the lines, grades
and cross sections shown on the plans within a tolerance of 1/4 inch from plan elevation.
B. The top six (6) inches of the subgrade shall be compacted to 95 percent of the maximum density as specified
in ASTM D-698 with a moisture content ranging from minus 2 to plus 3 percent of optimum.
C. If the subgrade cannot be properly compacted remove soft material, scarify top 6 inches of subgrade,
moisture condition, and compact to 95 percent standard maximum density.
D. Protect the finished subgrade from any damage, erosion or settlement until pavement placement. Any areas
which are damaged shall be repaired to the specified lines, grades and cross sections. Any subgrade
which has become unacceptable shall be reworked and restored to the lines, grades and density
specified.
3.3 PREPARATION
A. Moisten base to minimize absorption of water from fresh concrete.
B. Verify that manholes, inlets or any other structures have been brought to the proper elevation,
grade and alignment prior to placing concrete. Coat surfaces of manholes, curb inlets, existing
structures and frames with oil to prevent bonding with concrete.
C. Notify City a minimum of 24 hours prior to commencement of concreting operations.
3.4 FORMING
A. Place and secure forms true to line and grade. Forms shall be supported throughout their length
and joined in a manner to prevent movement in any direction.
B. Clean and lubricate forms prior to each use. Forms shall be assembled to permit easy removal
without damage to the new concrete.
C. Place joint filler vertical in position, in straight lines as specified below. Secure to formwork
during concrete placement.
3.6 REINFORCEMENT
A. Place reinforcement as indicated in the details and typical sections in the plans.
B. Interrupt reinforcement at expansion joints.
3.7 PLACING CONCRETE
A. Concrete shall be placed in accordance with MCIB Standard Concrete Specifications.
B. Concrete shall not be placed on subgrade or base which is muddy or frozen.
C. Concrete shall be placed in such a manner to minimize segregation.
100
D. Ensure reinforcement, inserts, embedded parts and formed joints are not disturbed during
concrete placement.
D. Deposit concrete on the subgrade or base to the required depth and lane width indicated on the
plans. Place concrete continuously between predetermined construction joints in successive
batches without using intermediate forms or bulkheads. The concrete shall be placed as closely
to its final position as possible in order to minimize the amount of additional spreading
necessary.
F. Care shall be taken to deposit a sufficient volume of concrete along joints and forms. Curbs
constructed of MCIB Mix No. WA-610-1-4 concrete shall be mechanically vibrated.
G. During placement, vibrate and compact concrete with the appropriate tools and equipment to
prevent voids and honeycomb pockets. Vibration is not required for placement of concrete for
sidewalks and driveways.
H. Concrete shall not be allowed to extrude below the forms.
3.7 CURB JOINTS
A. Joints shall be formed at right angles to the alignment of the curb as specified in the details on
the plans.
B. Expansion joints shall be placed at all radius points, driveways, curb inlets and any additional
locations directed by the City.
1. Expansion joints shall be formed using a one piece, 3/4 inch thick preformed joint filler
cut to the configuration of the curb section.
2. Expansion joint material shall be secured to prevent any displacement during concrete
placement, consolidation and finishing.
3. Joint edges shall be rounded with a 1/4 inch radius edging tool.
C. Curbs shall have one inch deep contraction joints at intervals of not less than 10 feet and not
greater than 20 feet. The contraction joints shall extend across the entire curb section to one
inch below the pavement surface and may be formed by one of the following methods.
4. Contraction joints may be formed using a 1/8 inch metal template cut to the
configuration of the curb section. Secure templates in place to prevent them from being
disturbed. The templates shall remain in place until the concrete has attained its initial
set and finishing is completed.
5. Contraction joints may be tooled to the specified depth. All exposed joint edges shall be
given a 1/4 inch radius.
6. Sawed contraction joints may be cut when a curb machine has been used. Joints must
be sawed within 24 hours of curb placement.
7. Joint sealer is not required for contraction joints.
3.8 SIDEWALK JOINTS
101
A. Joints shall be formed at right angles to the alignment of the sidewalk according to the
Riverside, Missouri Public Works Department Standards.
B. Sidewalks shall have traverse joints spaced at a distance equal to the sidewalk width.
Sidewalks greater than 6 feet in width shall be divided by longitudinal joints spaced not less
than 30 inches or greater than 48 inches with the traverse joints at the same spacing to form a
square pattern.
C. Expansion joints shall be located as indication in the details.
1. Expansion joints shall be formed using a one piece, 1/2 inch thick preformed joint filler
cut to match the cross section of the sidewalk or driveway. The joint material shall be
left 1/2 inch below the pavement surface or a tear strip provided to allow for application
of joint sealer.
2. Secure joint material to prevent any displacement during concrete placement,
consolidation and finishing.
3. Round joint edges with a 1/4 inch radius edging tool.
D. Contraction joints for sidewalks and driveways shall be one inch deep and 1/8 inch wide with
edges rounded by a 1/4 inch radius edging tool. The edger marks shall be left on all sidewalks
and driveways.
1. Contraction joints may be sawed with the approval of the City.
2. Joint sealer is not required for contraction joints.
3.9 CURB AND SIDEWALK FINISHING
A. After placement and initial strike-off, the edges and curb shall be tooled to the radii shown in
the details. If the surface is wet enough to create a ridge at the inside of the radius tool,
finishing will be discontinued until the excess moisture evaporates.
B. After the concrete has achieved initial set, face forms and templates shall be removed and the
surface finished to the required dimensions. No water, dryer or additional mortar shall be
applied to the concrete.
C. After finishing, the surface of the concrete shall be broomed with a fine clean broom. The
edges and joints of sidewalk and driveways shall be retooled. Finished curb, sidewalk and
driveway shall have a true surface, free of sags, twists or warps and shall be uniform in color
and appearance.
3.10 CURING
A. Concrete curing shall conform to MCIB Standard Concrete Specifications except that water
proof paper or polyethylene sheeting, wet burlap and cotton mats are not acceptable curing
methods for concrete pavement, curbs, sidewalk and drives.
B. As soon as practical after finishing and not later than one hour following placement, the
concrete shall be cured by one of the acceptable liquid curing membranes, applied according
to the manufacturer's instructions.
102
C. If the forms are removed within 72 hours after placing concrete, or if a slip form paving
machine or curb machine are used these surfaces shall also be cured.
3.11 PROTECTION
A. The Contractor shall protect concrete work from damage or defacement until accepted by the
Owner. Any concrete which has been damaged or defaced shall be removed and replaced or
repaired to the City's satisfaction at the Contract expense.
B. All concrete pavement shall be protected from vehicular traffic until it has achieved 70 percent
of the 28 day compressive design strength.
3.12 JOINT SEALING
A. All sidewalk expansion joints shall be sealed with a specified joint sealer within 7 days of
concrete placement. Only the sidewalk portion of the curb requires joint sealing with a
specified joint sealer within 7 days of placement.
3.16 TOLERANCE
A. Surface tolerance for all concrete work shall be 1/4 inch in 10 feet, in all directions, when
checked with a 10 foot straight edge.
3.17 BACKFILL
A. Concrete forms shall remain in place a minimum of 24 hours. Curbs and sidewalks may be
backfilled immediately after forms are removed.
B. Backfill of concrete work shall conform to the grading specifications set forth in Section
02300, Earthwork.
3.18 CLEANUP
A. The Contractor shall be responsible for removal from the site of excess concrete, rock, dirt,
debris and any broken concrete. Clean up shall take place as work progresses.
B. Contractor shall be responsible for the repair of any existing pavement, curb, sidewalk or
driveway damaged or disturbed during construction to the satisfaction of the City.
3.19 FIELD QUALITY CONTROL
A. The Contractor shall provide and pay for the services of a qualified, independent testing
laboratory to insure that the bituminous concrete mix designs and in-place thicknesses and
densities of base and surface courses are in compliance with all the provision of the
specifications.
103
B Field inspection and testing will be performed under provisions set forth in the General and
Special Conditions and Division 1 of these specifications.
E. One additional test cylinder will be taken during cold weather and cured on site under same
conditions as concrete it represents.
G. Maintain records of placed concrete items. Record date, location of pour, quantity, air
temperature, and test samples taken.
END OF SECTION 2520
02870 - PAVEMENT MARKINGS
PART 1 - GENERAL
1.1 Pavement areas shall be striped as indicated on the drawings. Materials shall be as indicated in
PRODUCTS.
1.2 Colors shall be white or yellow, full bodied. All striping shall be 4", 6" or 12" wide and
uniform, with sharp, straight edges and neat intersections. Furnishings of material and paint
striping shall be done by a licensed and insured parking lot service contractor only.
PART 2 - PRODUCTS
Manufacturer Product Name
PPG Pittsburg Traffic and Zone
Marking Paint, 11 Line
Sherwin Williams Pro Mar Alkyd Traffic
Marking Paint
PART 3 - EXECUTION
3.1 Paint a 4" wide single line stripe for all auto parking spaces and lane lines as shown on
drawings. At the pedestrian crosswalks, as shown on drawings, paint 12" wide white stripes
each side of walkway in parallel lines and paint 12" wide white lines diagonal to the crosswalk
line at 4'-0" O.C.
3.2 Paint 4" wide yellow stripes marking NO PARKING areas using diagonal stripes at 2'-0" O.C.
3.3 Paint disabled parking symbols using a 6" wide single line stripe as detailed on the plans.
104
03002 - CONCRETE
A. General: Portland Cement Concrete Pavement construction shall be
performed in accordance with Section 2200 of the APWA Standard Specifications. The
material shall be in accordance with the Kansas City Metro Materials Board,
KCMMB4K design mix.
B. Workmanship:
1. Weather Conditions: Do not place concrete when stormy or inclement weather
or temperature prevents good workmanship. Temperature restrictions and protection
requirements may be modified by the Engineer under unusual conditions.
2. Cold Weather:
a. Paving: Do not place aggregates containing frozen lumps, and do not
place concrete on a frozen subgrade or subbase. Take all necessary actions to
prevent the pavement from freezing.
1) Concrete mixing and placement may be started, if weather conditions
are favorable, when the air temperature is at least 34°F and rising. At the time
of placement, concrete must have a temperature in conformance with ACI 306R-
88, Table 3.1.
2) Stop mixing and placing when the air temperature is 38°F or less and
falling or if the temperature stops rising and does not reach 38°F.
b. Protection: Prior to applying protection, cure all concrete pavement and
curb/gutters, including exposed edges of the pavement and curb. In addition,
protect concrete less than 36 hours old as follows:
1 Keep protection in place until one of the following conditions is met:
a. The pavement is 5 calendar day old
b. 4,000 psi strength is attained.
c. Forecasted low temperatures exceed 35°F for the next 48 hours.
d. Forecasted high temperatures exceed 55°F for the next 24 hours
and subgrade temperatures are above 40°F.
1) Shut down paving operations in time to comply with protection
requirements outlined above. During cold weather, allow more time for
Night Temperature Forecast Type of Protection1
35°F to 32°F One layer of burlap for concrete.
31°F to 25°F Two layers of burlap or one layer of plastic on
one layer of burlap.
Below 25°F Four layers of burlap between layers of 4 mil
plastic or equivalent commercial insulating
material approved by the Engineer.
105
finishing and protection. Perform all finishing and covering operations prior to
darkness.
2) Equivalent commercial insulating material approved by the Engineer may be
used. This material must be waterproof and have a minimum R value of 1.0. If
initial set has not yet occurred, place a layer of burlap on top of concrete prior
to placing insulating blankets.
3) Use a method of protection and materials that will maintain the concrete
temperature above 40°F.
C. Payment: Payment will be made in accordance with Section 01270, Measurement
and Payment. No additional payment will be made for curing and required cold weather
protection but shall be incidental to the bid unit price for concrete pavement protection but
shall be incidental to the bid unit price for concrete pavement.