Request for Bids - Storm Water Bid Package 1

Brentwood, Missouri

storm water bid package 1

Project Manual

August 2026

Prepared by: Gonzalez Companies, LLC

1750 S. Brentwood Blvd., Suite 700 St. Louis, MO 63144 Project #: 23-2039

ENGINEER'S SEAL FOR THE CONTRACT DOCUMENTS

FOR THE BRENTWOOD, MISSOURI

STORM WATER BID PACKAGE 1

BRENTWOOD, MO AUGUST 2026

Anthony A. Schenk, P.E.

Missouri Professional Engineer No. PE - 2018010507

Gonzalez Companies, LLC

1750 S. Brentwood Blvd., Suite 700 St. Louis, MO 63144

Missouri State Certificate of Authority #2005038353

SECTION TITLE NUMBER OF PAGES

DIVISION 0 PROCUREMENT AND CONTRACTING REQUIREMENTS

00020 Invitation to Bid 1

00200 Instruction to Bidders 9

00410 Bid Form 7

00430 Bid Bond 2

00440 List of Subcontractors 1

00510 Notice of Award 1

00520 Agreement 7

00550 Notice to Proceed 1

00600 Bond Forms 1

00610 Performance Bond 3

00615 Payment Bond 3

00625 Certificate of Substantial Completion 2

00700 General Conditions 68

00800 Supplementary Conditions 7

00840 Construction Forms 1

00940 Work Change Directive 1

00941 Change Order 2

00942 Field Order 1

DIVISION 1 GENERAL REQUIREMENTS

01000 General Requirements 9

01110 Summary of Work 3

01310 Construction Scheduling 4

01510 Temporary Traffic Control 3

01700 Construction Layout and Staking 2

01780 Contract Closeout. 3

01900 Permits 3

SECTION 00020 - INVITATION TO BID

Notice is hereby given that the City of Brentwood, Missouri, the Owner, will receive sealed Bids at the office of the City Clerk, City of Brentwood, (314) 962-4800, 2348 South Brentwood Blvd., Brentwood, MO 63144, until 10:00 (A.M.) local prevailing time on the 4th Day of September 2026 at which time Bids will be opened and read publicly at the City Hall.

STORM WATER BID PACKAGE 1

The scope of work includes five sites for stormwater improvement.

Site 17 includes one (1) new storm structure, 24 feet of 18" RCP piping, and site restoration to existing conditions. Site restoration includes street pavement, sidewalk, curb and gutter, and sodding.

Site 19 includes removal and replacement of one (1) storm structure and site restoration to existing conditions. Site restoration includes street pavement, sidewalk, curb and gutter, and sodding.

Site 26 includes the addition of two (2) new inlets, 36 feet of 12" RCP piping, and site restoration to existing conditions. Site restoration includes street pavement, sidewalk, curb and gutter, and sodding.

Site 30 includes removal and replacement of one (1) storm structure and site restoration to existing conditions. Site restoration includes chain link gate and fence, vinyl fencing, a tree, retaining wall and sodding.

Site 38 includes 1 new storm structure and site restoration to existing conditions. Site restoration includes driveway pavement and sodding.

Bidding Documents may be obtained from

.

A bid security in the amount of five (5) percent of the Bidder's maximum Bid Price is required.

The Owner reserves the right to reject any or all Bids.

This project is a prevailing wage project and will conform to the Missouri Department of Labor and Industrial Relations' Division of Labor Standards, Annual Wage Order No. 31. The Annual Wage Order contains prevailing wage rates for each occupational title in St. Louis County. The prevailing wage is the minimum rate that must be paid to workers on public works construction projects in Missouri.

END OF SECTION 00020

SECTION 00200 - INSTRUCTIONS TO BIDDERS

ARTICLE 1 - DEFINED TERMS

Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

Bidder - The individual or entity who submits a Bid directly to the Owner.

Issuing Office - The office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered.

Successful Bidder - The Bidder to whom Owner (on the basis of Owner's evaluation as hereinafter provided) makes an award.

Owner - City of Brentwood, Missouri.

Engineer - Gonzalez Companies, LLC. ARTICLE 2 - COPIES OF BIDDING DOCUMENTS

Complete sets of the Bidding Documents in the number and for the non-refundable charge stated in the Invitation to Bid may be obtained from the Issuing Office.

Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use.

ARTICLE 3 - QUALIFICATIONS

Each Bidder shall have qualifications as required by the MSD permits, which must be obtained prior to work, as well as be a City of Brentwood approved contractor.

ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE

Underground Facilities

Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others.

Hazardous Environmental Condition

No physical investigation of potentially hazardous environmental conditions was carried out in conjunction with the preparation of the Bidding Documents. There are no known drawings or reports identifying hazardous environmental conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents.

(NOT USED)

Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 4.02, 4.03, and

of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 4.06 of the General Conditions.

4.04 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations related to excavation and utility locates.

NOT USED

It is the responsibility of each Bidder before submitting a Bid to:

examine and carefully study the Bidding Documents, and the other related data identified in the Bidding Documents, and any Addenda;

visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work;

consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means,

methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder's safety precautions and programs.

agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents;

become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents;

promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and

determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work.

The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 5 - SITE AND OTHER AREAS

The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, temporary and permanent easements, and other lands furnished by Owner for the use of the CONTRACTOR. Any additional land required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding Documents.

ARTICLE 6 - INTERPRETATIONS AND ADDENDA

All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will

be without legal effect. Last day for questions will be 5 (five) business days prior to the stated bid opening date.

Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer.

ARTICLE 7 - BID SECURITY

A Bid must be accompanied by Bid security made payable to Owner in an amount of 5% percent of Bidder's maximum Bid price and in the form of a certified check, bank money order, or a Bid bond (on the form attached) issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General Conditions.

The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner's exclusive remedy if Bidder defaults. The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned.

Bid security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within seven days after the Bid opening.

ARTICLE 8 - CONTRACT TIMES

The number of days within which, or the dates by which, the Work is to be (a.) Substantially Completed, and (b.) ready for final payment are set forth in the Agreement.

ARTICLE 9 - LIQUIDATED DAMAGES

Provisions for liquidated damages, if any, are set forth in the Agreement. ARTICLE 10 - SUBSTITUTE AND "OR-EQUAL" ITEMS

The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or "or-equal" items. Whenever it is specified or described in the Bidding Documents that a substitute or "or-equal" item of material or equipment may be furnished or used by Contractor if acceptable to Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement. The procedure for submission of any such application by the Contractor and consideration by the Engineer is set forth in Article 6 of the General Conditions and may be supplemented in the General Requirements.

ARTICLE 11 - SUBCONTRACTORS, SUPPLIERS AND OTHERS

If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, without an increase in the Bid.

If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions.

Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection.

ARTICLE 12 - PREPARATION OF BID

The Bid Form is included with the Bidding Documents. Additional copies may be obtained from the Issuing Office.

All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each [section, Bid item, alternative, adjustment unit price item, and unit price item] listed therein. In the case of optional alternatives, the words "No Bid," "No Change," or "Not Applicable" entered.

A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature.

A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown below the signature.

A Bid by an individual shall show the Bidder's name and official address.

A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown below the signature.

All names shall be printed in ink below the signatures.

The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form.

Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown.

The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder's state contractor license number, if any, shall also be shown on the Bid Form.

ARTICLE 13 - BASIS OF BID; COMPARISON OF BIDS

Unit Price

Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule.

The total of all estimated prices will be the sum of the products of the estimated quantity of each item and the corresponding unit price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions. For purposes of establishing the lowest responsive bidder, the products of the contingency quantities and prices - if any - shall be included in the overall grand total.

Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words.

The Bid price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in Paragraph 11.02 of the General Conditions.

ARTICLE 14 - SUBMITTAL OF BID

With each copy of the Bidding Documents, a Bidder is furnished one separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and the following data:

Document 00440 - List of Subcontractors.

A required Bidder qualification statement, as outlined in Article 3 of this section.

A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid and shall be enclosed in a plainly marked package with the Project title, the Bid Opening Date and Time, the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation "BID ENCLOSED." A mailed Bid shall be addressed to Office of the Clerk, City of Brentwood, 2348 S. Brentwood Boulevard, Brentwood, MO 63144

Modification and Withdrawal of Bid

A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids.

If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

ARTICLE 15 - OPENING OF BIDS

Bids will be opened at the time and place indicated in the Advertisement or Invitation to Bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 16 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE

All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 17 - EVALUATION OF BIDS AND AWARD OF CONTRACT

Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves

the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder.

More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions.

Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents.

If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project.

ARTICLE 18 - CONTRACT SECURITY AND INSURANCE

Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds.

ARTICLE 19 - SIGNING OF AGREEMENT

When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement along with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within ten days thereafter, Owner shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification.

ARTICLE 20 - SALES AND USE TAXES

Owner is exempt from Missouri state sales and use taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Bid. Upon entering into an Agreement with the Owner, the Owner shall furnish the necessary exemption number(s) to the Successful Bidder. Refer to Paragraph 6.10 of the Supplementary Conditions for additional information.

ARTICLE 21 - RETAINAGE

Provisions concerning Contractor's rights to deposit securities in lieu of retainage are set forth in the Agreement.

ARTICLE 22 - CONTRACTS TO BE ASSIGNED (NOT USED)

ARTICLE 23 - PARTNERING (NOT USED)

END OF SECTION 00200

SECTION 00410 - BID FORM

PROJECT IDENTIFICATION:

BRENTWOOD STORM WATER BID PACKAGE 1

THIS BID IS SUBMITTED TO: CITY OF BRENTWOOD

2348 S Brentwood Blvd, Brentwood, Missouri 63144

THIS BID IS SUBMITTED BY:

ADDRESS:

The undersigned bidder proposes and agrees, if this bid is accepted, to enter into an agreement with owner in the form included in the contract documents to perform and furnish all work as specified or indicated in the contract documents for the bid price and within the bid time indicated in this bid and in accordance with the other terms and conditions of the contract documents.

ARTICLE 1 - BIDDER'S ACKNOWLEDGEMENTS

Bidder accepts all of the terms and conditions of the invitation to bid and instructions to bidders, including without limitation those dealing with the disposition of bid security. This bid will remain subject to acceptance for 90 days after the day of bid opening. Bidder will sign and deliver the required number of counterparts of the agreement with the bonds and other documents required by the bidding requirements within 15 days after the date of owner's notice of award.

ARTICLE 2 - BIDDER'S REPRESENTATIONS

In submitting this bid, bidder represents, as more fully set forth in the agreement, that:

Bidder has examined and carefully studied the Bid Documents, and the following Addenda (receipt of all which is hereby acknowledged):

Date Number Authorized Signature

Bidder has visited the site and become familiarized with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work.

Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Work.

Bidder is satisfied as to the availability of materials, labor, and supplies for the furnishing of the Work. Furthermore, the Bidder affirms that the following bid price(s) shall include all labor, materials, overhead, profit, insurance, bonds, etc. to cover all expenses incurred in performing the Work required under the Contract Documents.

Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance or furnishing of the Work as Bidder considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraphs 4.02 and 4.03 of the General Conditions; and no additional examinations investigations, explorations, tests, reports or similar information or data are or will be required by Bidder for such purposes.

Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate location of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar information or data in respect of said Underground Facilities are or will be required by Bidder in order to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of paragraph 4.04 of the General Conditions.

Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, and reports with the terms and conditions of the Contract Documents.

Bidder has given Engineer written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted.

This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner.

ARTICLE 3 - BASIS OF BID

3.1 Bidder will complete the Work in accordance with the Contract Documents for the following price(s):

The Base Bid amounts are more fully itemized as follows:

Total Base Bid Price (Words):

ARTICLE 4 - TIME OF COMPLETION

Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

Bidder accepts the provisions of the Agreement as to liquidated damages, in the event of failure to complete the Work within the times specified in the Agreement.

ARTICLE 5 - WARRANTIES

Bidder agrees that if awarded the project, all work associated with these contract documents will be warranted as follows:

Contractor will warrant all materials and workmanship for a period of not less than 12 months from the date of Final Completion, as approved by the Owner, or as may be extended by the provisions of this Contract.

Contractor will provide other guarantees on materials, equipment and/or performance as may be specified in individual sections of the Specifications. These particular guarantees shall be made in writing to the Owner and will not be less than the warranty period indicated in Article 5.01.A.

ARTICLE 6 - ATTACHMENTS TO THIS BID

The following documents are attached to and made a condition of this Bid:

Required Bid security in the form of certified check or Bid Bond.

Document 00440 - List of Subcontractors.

Project Qualification information, as detailed in Section 00200, Article 3, 3.01.

ARTICLE 7 - COMMUNICATIONS

7.01 Communications concerning this Bid shall be addressed to the Bidder as follows:

Phone No.:

Fax No.:

ARTICLE 8 - DEFINED TERMS

8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

ARTICLE 9 - BID SUBMITTAL

9.01 This Bid is submitted by: If Bidder is:

An Individual

Name (type or printed):

By: (SEAL)

(Individual's Signature)

Doing business as:

Business address:

Phone No.: FAX No.:

A Partnership

Partnership Name: (SEAL) By:

(Signature of general partner - attach evidence of authority to sign) Name (type or printed): Business address:

Phone No.: FAX No.:

A Corporation Corporation

Name: (SEAL)

State of Incorporation:

Type (General Business, Professional, Service, Limited Liability):

By:

(Signature - attach evidence of authority to sign)

Name (type or printed):

Title:

(CORPORATE SEAL)

Attest:

(Signature of Corporate Secretary)

Business address:

Phone No.: FAX No.:

END SECTION 00410

SECTION 00430 - BID BOND

Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.

BIDDER (Name and Address):

SURETY (Name and Address of Principal Place of Business):

OWNER (Name and Address): CITY OF BRENTWOOD

BRENTWOOD CITY HALL 2348 S. BRENTWOOD BLVD. BRENTWOOD, MO 63144

BID

Bid Due Date:

Description (Project Name and Include Location): Brentwood MO - Storm Water Bid Package 1

BOND

Bond Number:

Date (Not earlier than Bid due date):

Penal sum $

(Words) (Figures)

Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

BIDDER SURETY

(Seal) (Seal) Bidder's Name and Corporate Seal Surety's Name and Corporate Seal

By: By:

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

Title Title

Note: Above addresses are to be used for giving any required notice. Provide execution by any additional parties, such as joint venturers, if necessary.

Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under the terms of this Bond shall be Owner's sole and exclusive remedy upon default of Bidder.

Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

This obligation shall be null and void if:

Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

All Bids are rejected by Owner, or

Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent.

No suit or action shall commence under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due date.

Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

The term "Bid" as used herein includes a Bid, offer, or proposal as applicable.

SECTION 00440 - LIST OF SUBCONTRACTORS

In compliance with the Instructions to Bidders and other Contract Documents, the undersigned submits the following names of Subcontractors to be used in performing the Work for Brentwood Storm Water Bid Package 1.

Bidder certifies that all Subcontractors listed are eligible to perform the Work.

NOTE: This form must be submitted in accordance with the Instructions to Bidders.

Bidder's Signature

END OF DOCUMENT 00440

SECTION 00510 - NOTICE OF AWARD

Date:

Project: Brentwood Storm Water Bid Package 1

Bidder:

Bidder's Address: [send Notice of Award Certified Mail, Return Receipt Requested]

You are notified that your Bid dated for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for:

[Indicate total Work, alternates, or sections of Work awarded.]

The Contract Price of your Contract is Dollars ($ ).

[Insert appropriate data if unit prices are used. Change language for cost-plus contracts.]

copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award.

sets of the Drawings will be delivered separately or otherwise made available to you immediately. You must comply with the following conditions precedent within [15] days of the date you receive this

Notice of Award.

Deliver to the Owner [ ] fully executed counterparts of the Contract Documents.

Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the Instructions to Bidders (Article 20), General Conditions (Paragraph 5.01), and Supplementary Conditions (Paragraph SC-5.01).

Other conditions precedent:

Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited.

Within ten days after you comply with the above conditions, Owner will return to you one fully executed counterpart of the Contract Documents.

Owner

By: Authorized Signature

Title

Copy to Engineer

SECTION 00520 - AGREEMENT

This Agreement is by and between CITY OF BRENTWOOD, Missouri (Hereinafter called Owner) and

of (hereinafter called Contractor)

Owner and Contractor, in consideration of the mutual covenants set forth within, agree as follows: ARTICLE 1 - WORK

Contractor shall complete all Work as specified or indicated in the Contract Documents.

The Work is generally described as follows: The work generally consists of the following:

Site 17 includes one (1) new storm structure, 24 feet of 18" RCP piping, and site restoration to existing conditions. Site restoration includes street pavement, sidewalk, curb and gutter, and sodding.

Site 19 includes removal and replacement of one (1) storm structure and site restoration to existing conditions. Site restoration includes street pavement, sidewalk, curb and gutter, and sodding.

Site 26 includes the addition of two (2) new inlets, 36 feet of 12" RCP piping, and site restoration to existing conditions. Site restoration includes street pavement, sidewalk, curb and gutter, and sodding.

Site 30 includes removal and replacement of one (1) storm structure and site restoration to existing conditions. Site restoration includes chain link gate and fence, vinyl fencing, a tree, retaining wall and sodding.

Site 38 includes 1 new storm structure and site restoration to existing conditions. Site restoration includes driveway pavement and sodding.

ARTICLE 2 - THE PROJECT

The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows:

BRENTWOOD STORM WATER BID PACKAGE 1

ARTICLE 3 - ENGINEER

The Project has been designed by Gonzalez Companies, LLC, who is hereinafter called Engineer and who is to act as Owner's representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents.

ARTICLE 4 - CONTRACT TIMES

Time of the Essence

All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

Days to Achieve Substantial Completion and Final Payment

The Work will be completed and ready for final payment by March 27, 2027, in accordance with Paragraph 14.07 of the General Conditions.

Liquidated Damages

Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $500.00 for each day that expires after the time specified in Paragraph 4.02 above for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $500.00 for each day that expires after the time specified in Paragraph 4.02 above for completion and readiness for final payment until the Work is completed and ready for final payment.

ARTICLE 5 - CONTRACT PRICE

Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract:

For all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item) as indicated in Section 00410 - BID FORM:

Total of all Extended Prices for Unit Price Work carried forward from 00410 - BID FORM (subject to final adjustment based on $ actual quantities)

As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.07 of the General Conditions. Unit prices have been computed as provided in Paragraph 11.03 of the General Conditions.

ARTICLE 6 - PAYMENT PROCEDURES

Submittal and Processing of Payments

Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions.

Progress Payments; Retainage

Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment on or about the 15th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements.

Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General Conditions.

90% percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and

90% percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage).

Upon Substantial Completion, Owner may pay an amount sufficient to increase total payments to Contractor to 100 percent of the Work completed, less such amounts as Engineer shall determine in accordance with Paragraph 14.02.B.5 of the General Conditions and less 200 percent of Engineer's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion.

Final Payment

Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07.

ARTICLE 7 - INTEREST

All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of no percent per annum.

ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS

In order to induce Owner to enter into this Agreement, Contractor makes the following representations:

Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents.

Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work.

Contractor has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities), if any, that have been identified in Paragraph SC-4.02 of the Supplementary Conditions as containing reliable "technical data,"

Contractor has considered the information known to Contractor; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor's safety precautions and programs.

Contractor does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents.

Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.

Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.

Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.

The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

ARTICLE 9 - CONTRACT DOCUMENTS

Content

The Contract Documents consist of the following:

This Agreement;

Performance bond (100% of Bid Amount).

Payment bond (100% of Bid Amount).

General Conditions;

Supplementary Conditions;

Specifications as listed in the table of contents of the Project Manual, including all appendices.

Drawings bearing the following general title: BRENTWOOD STORM WATER BID PACKAGE 1

Addenda (numbers to , inclusive).

Exhibits to this Agreement (enumerated as follows):

Notice to Proceed;

Bidding Documents including Contractor's Bid; and,

Documentation submitted by Contractor prior to Notice of Award.

The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto:

Written Amendments;

Work Change Directives.

Change Orders.

The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above).

There are no Contract Documents other than those listed above in this Article 9.

The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions.

ARTICLE 10 - MISCELLANEOUS

Terms

Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions.

Assignment of Contract

No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents.

Successors and Assigns

Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

Severability

Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner and Contractor or on their behalf.

This Agreement will be effective on , 20 (which is the Effective Date of the Agreement).

OWNER: CONTRACTOR

City of Brentwood By: By: Title: Title:

(If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.)

Attest: Attest: Title: Title: Address for giving notices: Address for giving notices:

License No.:

(Where applicable)

Agent for service of process:

END SECTION 00520

SECTION 00550 - NOTICE TO PROCEED

Date:

Project: Brentwood Storm Water Bid Package 1

Contractor:

Contractor's Address: [send Certified Mail, Return Receipt Requested]

You are notified that the Contract Times under the above Contract will commence to run on . On or before that date, you are to start performing your obligations under the Contract Documents. In accordance with Article 4 of the Agreement, the date of Substantial Completion is February 27,2027 , and the date of readiness for final payment is March 27, 2027 [(or) the number of days to achieve Substantial Completion is , and the number of days to achieve readiness for final payment is

].

Before you may start any Work at the Site, Paragraph 2.01.B of the General Conditions provides that you and Owner must each deliver to the other (with copies to Engineer and other identified additional insureds and loss payees) certificates of insurance which each is required to purchase and maintain in accordance with the Contract Documents.

Also, before you may start any Work at the Site, you must:

[add other requirements].

Owner Given by:

Authorized Signature

Title

Date

Copy to Engineer

SECTION 00600 - BOND FORMS

PART 1 - GENERAL

PERFORMANCE AND PAYMENT BONDS

The Successful Bidder shall provide Performance and Construction Payment Bonds using the Standard EJCDC Form No.'s C-610 and C-615

Blank copies of the required Performance and Construction Payment Bonds follow immediately after this section.

END OF SECTION 00600

SECTION 00610 - PERFORMANCE BOND

Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business):

OWNER (Name and Address): CITY OF BRENTWOOD

BRENTWOOD CITY HALL 2348 S. BRENTWOOD BLVD. BRENTWOOD, MO 63144

CONTRACT

Effective Date of Agreement:

Amount:

Description (Name and Location): Brentwood Storm Water Bid Package 1

BOND

Bond Number:

Date (Not earlier than Effective Date of Agreement):

Amount:

Modifications to this Bond Form:

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY

(Seal) (Seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal

By: By:

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

Title Title

Note: Provide execution by additional parties, such as joint venturers, if necessary.

Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by reference.

If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to participate in conferences as provided in Paragraph 2.1.

If there is no Owner Default, Surety's obligation under this Bond shall arise after:

Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and

Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1; and

Owner has agreed to pay the Balance of the Contract Price to:

Surety in accordance with the terms of the Contract; or

Another contractor selected pursuant to Paragraph 3.3 to perform the Contract.

When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions:

Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or

Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or

Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or

Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and with reasonable promptness under the circumstances:

After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or

Deny liability in whole or in part and notify Owner citing reasons therefore.

If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner.

After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated

without duplication for:

The responsibilities of Contractor for correction of defective Work and completion of the Contract;

Additional legal, design professional, and delay costs resulting from Contractor's Default, and resulting from the actions of or failure to act of Surety under Paragraph 3; and

Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor.

Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors.

Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations.

Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.

Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page.

When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted therefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

Definitions.

Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract.

Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto.

Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract.

Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof.

SECTION 00615 - PAYMENT BOND

Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.

CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of Business):

OWNER (Name and Address): CITY OF BRENTWOOD

BRENTWOOD CITY HALL 2348 S. BRENTWOOD BLVD. BRENTWOOD, MO 63144

CONTRACT

Effective Date of Agreement:

Amount:

Description (Name and Location): Brentwood Storm Water Bid Package 1

BOND

Bond Number:

Date (Not earlier than Effective Date of Agreement):

Amount:

Modifications to this Bond Form:

Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative.

CONTRACTOR AS PRINCIPAL SURETY

(Seal) (Seal) Contractor's Name and Corporate Seal Surety's Name and Corporate Seal

By: By:

Signature Signature (Attach Power of Attorney)

Print Name Print Name

Title Title

Attest: Attest:

Signature Signature

Title Title

Note: Provide execution by additional parties, such as joint venturers, if necessary.

Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference.

With respect to Owner, this obligation shall be null and void if Contractor:

Promptly makes payment, directly or indirectly, for all sums due Claimants, and

Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging non-payment by Contractor by any person or entity who furnished labor, materials, or equipment for use in the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default.

With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due.

Surety shall have no obligation to Claimants under this Bond until:

Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim.