HomeMy WebLinkAboutRes.2981.04-04-20163IL.L NO. 15-72
RESOLUTION NO. as v\
A RESOLUTION ANNOUNCING S=LECTION OF THE
OROPOSAI. FROM THE KIE='NER BROTHERS TEAM FOR
THE °OLICE STATION/JAIL/MUNICIPA_ COURT
?ROJ:CT; S_:LCT:NG A FIRST ALTERNATE; AND
AUTHORIZING THE CIT`_' MANAGER TO NEGOTIATE A
DESIGN-EUITLD AGREEINENT AND PRESENT IT TO THE
CITY COUNCIL FOR APPROVAL
WHEREAS, in December, 2015, the City of Cape Girardeau
published a Requesr for Proposals to design and construct a new
Police Station/Jail/Municipal Court facility, .to be funded with
revenues received 'through the voter -approved Fire Sales Tax,
Restaurant Tax, and Casino Revenue Fund; and four (4) proposals
were received from various developers; and
WHEREAS, since that time, the City has conducted several
public meetings to receive public comments regarding the
proposals, and also announced that the City would receive all
such comments orally and in writing at City Hall; and
WHEREAS, after consideration of the proposals and of the
comments received, the City recommended two (2) finalists to the
City Council: Kiefner Brothers/Chiodini Architects (the "Kiefner
Brothers Team); and Penzel Construction Company/Holland
Construction Services/FGM Architects/DilleTraxel Architecture
(the "Penzel Construction Team"); and
WHEREAS, after further consideration of all of this
information, the City Council is ready to announce its
selection.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
1. The Cape Girardeau City Council 'hereby selects the
or000sal of Kiefner Brothers/Chiodini Architects (the "Kiefner
Brothers Team"), to design and build a new Police
Station/Jail/Municipal Court facility to be funded through the
voter -approved Fire Sales Tax, Restaurant Tax, and Casino
Revenue Fund, and also selects the proposal received from Penzel
Construction. Company/:Holland Construction Services/FGM
Architects/DilleTraxel Architecture (the "Penzel Construction
Team"), as the first alternate, and rejects all other proposals
submitted.
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2. The City Manager is hereby authorized to commence
negotiations with Kiefner Brozhers/Chiodini Architects (the
"Kiefner Brothers Team") -co orepare a Desian-=wild Agreement to
design and build a new Police Station/Jail/Municipal Court
facility based or_ the proposal submitted by the Kiefner Brothers
Team for approval by the City Council. if no Design -Build
Agreement can be reached with the Kiefner Brothers Team, tae
City Manager is authorized to begin negotiations with the first
alternate for a Design -Build Agreement based on the first
alternate's proposal.
PASSED AND ADOPTED THIS\ DAY OF \ 2016.
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arr�Rediger
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AGREEMENT FOR PROFESSIONAL AND CONSTRUCTION SERVICES
THIS AGREEMENT FOR PROFESSIONAL AND CONSTRUCTION SERVICES (the"ContracY') is made this �'
day of�t rll'.. ,2011,�(the"Contract Date"),between The Citv of Cane Girardeau(hereinafter the"Owner")and Kiefner
Brothers.Inc.(hereina8er"Contractor").
WHEREAS,Contractor is prepared and able to perform the professional design,engineering and construction services
required by the Owner for construction of a Police Station, Jail and Municiaal Court at 2530 Maria Louise Lane in Cape
Girardeau,Missouri(the"ProjecY');
THEREFORE,in consideration of the mutual promises hereinafter set out,the Owner,and Contractor agree as follows:
1. GENERAL PROVISIONS
1.1 1'he Contract Documents. T'he Contract Documents consist of this Contract, E�chibits, drawings, specifications, other
documents listed in this Contract, and modifications issued after execution of this Contract, all of which form the
Contract and are as fully a part of the Contract as if attached hereto or repeated herein. Upon the Owner's acceptance of
the Contractor's Guaranteed Maximum Price pmposal, the Contract Documents wi11 aiso include the documents
described in Section 2.4.3.1 and identified in the Executed Guazanteed Maximum Price Proposal. The Contract
represents the entire and integrated agreement between the parties hereto with respect to the Project and supersedes prior
negotiations,representations or agreements,either written or oral.
1.2 Scope of Work. Contractor shall,in accordance with the requirements of this Contract,perform and provide the design,
engineering and construction services described in the Scope of Work attached as Exhibit A hereto (the "Work"), as
modified by the parties from time to time with respect to the scoping,design and construction phases. Contractor shall
complete the performance and provision of the Work as specified in Section 2 herein.
13 T'he Contractor accepts the relationship of trust and confidence established by this Contract and covenants with the
Owner to fumish the design,engineering and construction services set forth herein;to provide efficient administration,
management services and supervision; to furnish at ail times an adequate supply of workers and materials; and to
perform the Work in an expeditious and economical manner consistent with the Owner's interests.The Owner agrees to
furnish or approve,in a timely manner,information or other requests required by the Contractor and to make payments
to the Contractor in accordance with the requirements of this Contract.
2. CONTRACTOR'S SERVICES
2.1 Scoping Phase Services
2.1.1 The Contractor shall provide a preliminary evaluation of the Owner's Program, schedule, space and site
requirements,and budgetary requirements,each in terms of the other,as set forth in the Scope of Work.
2.1.2 The Contractor shall conduct an initial site visit and inspection, and such additional visits as needed by the
Contractor, to assess the suitability of its use for the Project and provide the Owner a presentation of its
findings as and to the extent set forth in the Scope of Work. The Contractor shall conduct preliminary
meetings with City Development Review Group for project review to detemune initial feedback and analysis
of opportunities and constraints regarding overall site,access,stormwater,building codes,pemuts,etc.
2.1.3 The Contractor shall schedule and conduct meetings with the Owner,in person or via telephone conference or
online meetings as reasonably deternuned by Contractor, to discuss such matters as procedures, progress,
coordination and scheduling as and to the extent set forth in the Scope of Work. T'he Contractor shall advise
on proposed site use and improvements, including, without limitation, access, traffic, drainage, building
placement and parking,selection of special equipment and systems,and building systems and equipment.
2.1.4 Contractor shall research and review laws and regulations applicable to design and construction of the Project
and correlate such laws and regulations with the Owner's Program requirements. In the performance of this
obligation,Contractor shall meet with govemmental authorities having or potentially having jurisdiction over
the Project and make all commercially reasonable efforts to ensure that tbe design of the Project complies with
applicable laws, codes,regulations and requirements, and any and all fire safety laws, codes, regulations, or
requirements, including but not limited to all local, state and federal laws, codes, regulations and
requirements. Contractor will notify Owner and at all times keep Owner advised of any potential challenge or
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obstacle to full and complete legal approval and compliance, including obtaining all applicable licenses and
pemuts.
2.1.5 The Contractor shall investigate and determine the nature and identity of all pernuts,licenses and inspections
as aze necessary to commence and complete the Work. Contractor shall prepare a list of same, including
associated costs and fees, and furnish it to the Owner. Ail fees charged by the City will be waived for this
project.
2.1.6 Based upon the Contractor's review and analysis of the Owner's Program, the Contractor shall prepare a
preliminary design, a preliminary project cost estimate, including cost estimates for any equipment systems,
and a preliminary project schedule for the Owner's review and comment. If the cost estimate exceeds the
Owner's budget,the Contractor shall make recommendations to the Owner on ways to reduce the preliminary
cost estimate. The preliminary project schedule shall show the activities needed to satisfy the Owner's
requirements for completing the Project.
2.1.7 For the Contractor's Scoping Phase Services described in Sections 2.11 thmugh 2.1.6, the Owner shall
compensate the Contractor as provided in Exhibit B. If E�►ibit B is blank, Scoping Phase Services are not
part of this Agreement.
2.2 Design Phase Services: Development of Documents
2.2.1 Design Documents. The Contractor shall prepare and submit to the Owner for review and written approval
Design Documents based on the approved adjustments in the Program,budget and completion requirements
authorized by the Owner. See Exhibit C. The Design Documents, as modified by the parties from time to
time, shall consist of drawings, outline specifications and other documents to fix and describe the size and
character of the Project as to architectural, structural, mechanical and electrical systems and elements, and
such other elements as may be appropriate.The Contractor shall update the preliminary schedule and estimate
based on the Design Documents and shall submit such update to the Owner for review and approval. The
preliminary schedule and estimates shall be provided to the Owner in the formats set out in section 2.2.4.
Upon submission to the Owner, the Contractor shall certify that, to the extent required of Contractor as set
forth in the Scope of Work, the Design Documents: (i) aze consistent with the Contract Documents; (ii)
comply with applicable industry and professional practice standards; (iii) comply with applicable laws,
ordinances, codes, rules and regulations governing the design of the Project; and(iv)that the Owner and its
consultants shall be entitled to rely upon the accutacy of the representations and statements contained in such
certifications.
2.2.2 Construction Documents. After the Owner's written approval of the Design Documents as specified in
Exhibit C, the Contractor shall submit to the Owner for review and approval Construction Documents based
on the approved Design Documents and any adjustments in the program,budget and completion requirements
authorized by the Owner. The Construction Documents shall consist of drawings and specifications setting
forth in detail the requirements for consWction of the Project(the "Drawings and Specifications"). If the
Guaranteed M�imum Price has not been established, the Contractor shall prepare further updates of the
preliminary schedule and estimate and shall submit such updates to the Owner for review and approval. Sets
of plans shall be provided to the Owner in the formats set out in section 2.2.4.
2.23 For the Contractor's Design Phase Services described in Section 2.2, the Owner shall compensate the
Contractor as provided in Exhibit D. If Ex6ibit D is blank, Design Phase Services are not part of this
Agreement.
2.2.4 Drawings shall be provided in 24"x 36"format,and Specifications,estimates and schedules shall be provided
in 8-1/2"x 11"or 11" x 17" format. Digital (PDF and CADD) and hardcopy Drawings and Specifications
shall be provided of Design Documents and Construction Documents,and any revisions thereof.All drawings
available on CADD shall be provided to the Owner on diskette or other electronic format accepted by Owner.
As-builts shall be provided to the Owner at the completion of the Work. All CADD drawings provided shall
be compatible with AutoCAD 2011.
The following sets shall be provided:
2 sets of civil plans if water main extension required
2 sets of civil plans if sewer main extension required
2 sets of civil plans for Engineering use
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5 full sets of plans (including all building trades and all site work, 3 for building plan review and 2 for
permanent Engineering records
2 sets of stormwater plans,including the Stormwater Pollution Prevention Plan and Stormwater Calculations
2 project manuals
The following sets shall be provided of As-built conditions:
3 full sets of plans(including all building trades and all site work)
3 project manuals
23 Construction Phase Services
23.1 The Construction Phase will commence upon the issuance by the Owner of a written Notice to Proceed. See
Exhibit E.
23.2 Those portions of the Work the Contractor does not customarily perform with the Contractor's own personnel
shall be performed under subcontracts with Contractor or,as applicable,by other appropriate agreements with
the Owner. The Contractor shall not be required to contract with anyone to whom the Contractor has
reasonable objection.
2.3.3 The Contractor shall schedule and conduct meetings to discuss such matters as procedures, progress,
coordination, scheduling, and status of the Work. T'he Contractor shall prepare and promptly distribute
minutes to the Owner.
23.4 Upon the execution of the Executed Guaranteed Malcimum Price Proposal as provided in 2.4.1.6, the
Contractor shall prepare and submit to the Owner a construction schedule for the Work and submittal
schedule.
2.3.5 The Contractor shall record the progress of the Project. On a monthly basis,or otherwise as agreed to by the
Owner, the Contractor shall hold regular progress meetings and shall submit written progress reports to the
Owner, showing percentages of completion and other information required by the Owner. The Contractor
shall also keep, and make available to the Owner, a daily log containing a record for each day of weather,
portions of the Work in progress,number of workers on site,identification of equipment on site,problems that
might affect progress of the work, accidents, injuries, and other information required by the Owner. See
Exhibit F.
23.6 The Contractor shall develop a system of cost control for the Work,to include a forecast of anticipated costs
and regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and
proposed changes. The Contractor shall identify variances between actual and estimated costs and report the
variances to the Owner and shall provide this information in its monthly reports to the Owner.
23.7 If Owner abandons the project prior to construction,the fees incurred by Contractor,including but not limited
to those specified on Exhibits B and D are payable by Owner to Contractor.
2.4 ComQensation for Construction Phase Services
2.4.1 Guaranteed Maximum Price Proposal
2.4.1.1 The Contractor shall prepare a Guaranteed Maximum Price proposal for the Owner's review and
acceptance. T'he Guaranteed Maximum Price in the proposal shall be the sum of the Contractor's
estimate of the Cost of the Work,including all costs and contingencies described in Section 2.4.1.4
and the Contractor's Fee, but shail not include any fees, costs or expenses incuned during the
Scoping Phase or Design Phase.
2.4.1.2 To the extent that the Drawings and Specifications are anticipated to require fiirther development,
the Contractor shall provide in the Guaranteed Maximum Price for such further development
consistent with the Contract Documents and reasonably inferable therefrom. Such fiuther
development does not include such things as changes in scope, systems, kinds and quality of
materials,finishes or equipment,all of which,if required,shall be incorporated by Change Order.
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2.4.13 The Contractor shall include with the Guazanteed Mauimum Price proposal a written statement of its
basis,which shall include the following:
2.4.13.1 A list of the Drawings and Specifications,including all Addenda thereto;
2.4.1.3.2 A list of the clarifications and assumptions made by the Contractor in the preparation of
the Guaranteed M�imum Price proposal,including assumptions under Section 2.4.1.2,to
supplement the information provided by the Owner and contained in the Drawings and
Specifications;
2.4.1.3.3 A statement of the proposed Guaranteed Maximum Price, including a statement of the
estimated Cost of the Work organized by trade categories or systems, aliowances,
contingency,and the Contractor's Fee;
2.4.1.3.4 The anticipated date of Substantiai Completion upon which the proposed Guaranteed
Maximum Price is based;and
2.4.13.5 A date by which the Owner must accept the Guaranteed Maximum Price.
2.4.1.4 In preparing the Contractor's Guaranteed Maximum Price proposal,the Contractor shall include its
contingency for the Contractor's exclusive use to cover various miscellaneous expenses, �nknown
minor costs,and various design and project omissions,ands gaps in the bid scopes,as well as those
costs considered reimbursable as the Cost of the Work but not included in a Change Order.
2.4.1.5 The Contractor shall meet with the Owner to review the Guaranteed M�imum Price proposal. In
the event the Owner discovers any inconsistencies or inaccuracies in the information presented, it
shall promptly notify the Contractor, who shall make appropriate adjustments to the Guaranteed
Maximum Price proposal,its basis,or both.
2.4.1.6 If the Owner notifies the Contractor the Owner has accepted the Guaranteed Malcimum Price
proposal in writing before the date specified in the Guaranteed Maximum Price proposal, the
Guaranteed Mu�imum Price proposal shall be deemed effective. Promptiy thereafter, Owner and
Contractor shall both sign the Guaranteed Maximum Price proposal (hereinafter, the "Executed
Guaranteed Maximum Price Proposal"). The Executed Guaranteed Maximum Price Proposal shall
set forth the agreed upon Guaranteed Maximum Price with the information and assumptions upon
which it is based.
2.41.7 The Contractor shall not incur any cost to be reimbursed as part of the Cost of the Work prior to the
commencement of the Construction Phase,unless the Owner provides prior written authorization for
such costs or except as provided in Eachibit B and D. See Exhibit G.
2.4.1.8 The Owner shall authorize the Contractor at Owner's expense to provide the revisions to the
Drawings and Specifications to incorporate the agreed-upon assumptions and clarifications
contained in the Executed Guaranteed Ma�cimum Price Proposal. The Contractor shall notify the
Owner of any inconsistencies between the Executed Guaranteed M�imum Price Proposal and the
revised Drawings and Specifications.
2.4.1.9 The Contractor shall not be required to include in the Guaranteed M�imum Price any sales,
consumer, use and similar taxes for the Work provided by the Contractor. All such ta�tes shall be
' paid as provided in Section 7.4,and the City will provide a tax exempt certificate to the Contractor
covering all such t�es for this project pmmptly upon the execution of this Contract.
2.4.2 Contract Sum. For the Contractor's pedormance of the Work as described in Section 23,the Owner shall pay
the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract, at such
times as further provided in this Contract. The Contract Sum is the Cost of the Work as defined in Section
2.4.4.1 plus the Contractor's Fee. See Exhibit U.
2.43 Guaranteed M�imum Price
2.4.3.1 The Contractor guazantees that the Contract Sum shall not exceed the Guaranteed Maximum Price
set forth in the Executed Guaranteed M�imum Price Proposal,as it is amended from time to time.
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Excluding any payment for taxes pursuant to Section 7.4,to the extent the Cost of the Work exceeds
the Guaranteed Maacimum Price; the Contractor shall bear such costs in excess of the Guaranteed
Maximum Price without reimbursement or additional compensation from the Owner. To the extent
the Cost of the Work is less than the Guaranteed Ma�cimum Price, the Owner and the Contractor
shall share in such savings and Owner shall pay Contractor fifty-cents for every dollar saved below
the Guaranteed Maximum Price.
2.43.2 The Guaranteed Maximum Price is subject to additions and deductions by Change Order as
provided in the Contract Documents, and the Date of Substantial Completion shall be subject to
adjustment as provided in the Contract Documents.
2.4.4 Costs to Be Reimbursed
2.4.4.1 The term"Cost of the Work"shall mean costs necessarily incuned by the Contractor in tt�e proper
performance of the Work. Such costs shall be at rates not higher than the standard paid at the place
of the Project except with prior consent of the Owner,which shall not be unreasonably delayed or
withl�eld. The Cost of the Work shall include only the items set forth in Sections 2.4.5 through
2.4.10.See Exhibit U.
2.4.4.2 Where any cost is subject to the Owner's prior approval, the Contractor shall obtain this approval
prior to incurring the cost. See Eghibit G. The parties shall endeavor to identify any such costs
prior to executing the Executed Guaranteed M�imum Price Proposal.
2.4.5 Labor Costs
2.4.5.1 Wages of construction workers directly employed by the Contractor to perform the construction of
the Work at the site or,with the Owner's prior approval,at off-site workshops.
2.4.5.2 Wages or salaries of the Contractor's supervisory and administrative personnel when engaged in the
Scope of Work.
2.4.5.3 Costs paid or incurred by the Contractor for taaces, insurance, contributions, assessments and
benefits required by law or collective bargaining agreements and,for personnel not covered by such
agreements,customary benefits such as sick leave,medical and health benefits,holidays,vacations
and pensions,provided such costs aze based on wages and salaries included in the Cost of the Work
under Sections 2.4.4.1 through 2.4.4.
2.4.5.4 Bonuses, profit sharing, incentive compensation and any other discretionary payments paid to
anyone hired by the Contractor or paid to any Subcontractor or vendor, with the Owner's prior
approval.
2.4.6 Subcontract Costs. Payments made by the Contractor to Subcontractors in accordance with the requirements
of the subcontracts.
2.4.7 Costs of Materials and ui ment Incorporated in the Completed Construction
2.4.7.1 Costs, including transportation and storage, of materials and equipment incorporated or to be
incorporated in the completed construction.
2.4.7.2 Costs of materials described in the preceding Section 2.4.7.1 in excess of those actually installed to
allow for reasonable waste and spoilage. Unused excess materials,if any,shall become the Owner's
property at the completion of the Work or, at the Owner's option, shall be sold by the Contractor.
Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of
the Work,less reasonable expenses of Contractor in completing such sales.
2.4.8 Costs of Other Materials and Equipment,Temporarv Facilities and Related Items
2.4.8.1 Costs of transportation, storage, installation, maintenance, dismantling and removai of materials,
supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by
construction workers that are provided by the Contractor at the site and fully consumed in the
performance of the Work. Costs of materials,supplies,temporary facilities,machinery,equipment
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and tools that are not fully consumed shall be based on the cost or value of the item at the time it is
first used on the Project site less the value of the item when it is no longer used at the Project site.
Costs for items not fully consumed by the Contractor shall mean fair market value.
2.4.8.2 Rental charges for temporary facilities,machinery,equipment and hand tools not customarily owned
by construction workers that are provided by the Contractor at the site and costs of transportation,
installation,minor repairs,dismantling and removal. The total rental cost of any Contractor-owned
item may not exceed the purchase price of any comparable item. Rates of Contractor-owned
equipment and quantities of equipment shall be subject to the Owner's prior approval,which shall
not be unreasonably withheld.
2.4.83 Costs of removal of debris from the site of the Work and its proper and legal disposal.
2.4.8.4 Costs of document reproductions,facsimile transmissions and long-distance telephone calls,postage
and parcel delivery charges,telephone service at the site and reasonable petty cash expenses of the
site office.
2.4.8.5 That portion of the reasonable expenses of the Contractor's supervisory or administrative personnel
incurred while traveling in discharge of duties connected with the Work.
2.4.8.6 Costs of materials and equipment suitably stored off the site at a mutually acceptable location,
subject to the Owner's prior approval,which shall not be unreasonably withheld.
2.4.9 Miscellaneous Costs
2.4.9.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be
directly attributed to this Contract. Self-insurance for either full or partial amounts of the coverage's
required by the Contract Documents,with the Owner's prior approval.
2.4.9.2 Intentionally Omitted.
2.4.9.3 Fees and assessments for the building permit and for other pemvts, licenses and inspections for
which the Contractor is required by the Contract Documents to pay.
2.4.9.4 Fees of laboratories for tests required by the Contract Documents,except those related to defective
or nonconfornung Work.
2.4.9.5 Royalties and license fees paid for the use of a particulaz design,process or product required by the
Contract Documents; the cost of defending suits or claims for infringement of patent rights arising
from such requirement of the Contract Documents; and payments made in accordance with legal
judgments against the Contractor resulting from such suits or claims and payments of settlements
made with the Owner's consent,which shall not be unreasonably withheld. However,such costs of
legal defenses,judgments and settlements shall not initially be included in the calculation of the
Contractor's Fee or subject to the Guaranteed Maximum Price.
2.4.9.6 Costs for electronic equipment and softwaze, directly related to the Work with the Owner's prior
approval,which shall not be unreasonably withheld. ,
2.4.9.7 Deposits lost for causes other than the Contractor's negligence or failure to fulfill a specific
responsibility in the Contract Documents.
2.4.9.8 Subject to the Owner's prior approval,which shall not be unreasonably withheld,expenses incurred
in accordance with the Contractor's standard written personnel policy for relocation and temporary
living allowances of the Contractor's personnel required for the Work.
2.4.10 Other Costs and Emer encies
2.4.10.1 Other costs incurred in the performance of the Work if, and to the extent, approved in advance in
writing by the Owner.
2.4.10.2 Costs incurred in taking action to prevent threatened damage,injury or loss in case of an emergency
affecting the safety of persons and property.
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2.4.10.3 Costs as provided in Section 2.4.1.4 and of repairing or correcting damaged or nonconfomung Work
executed by the Contractor, Subcontractors or suppliers, to the extent that such damaged or
nonconfomung Work was not caused by negligence or failure to fulfill a specific responsibility of
the Contractor and only to the extent that the cost of repair or correction is not recovered by the
Contractor from insurance,sureties,Subcontractors,suppliers,or others.
2.4.11 Costs Not To Be Reimbursed
2.4.11.1 The Cost of the Work shall not include the items listed below:
2.4.11.1.1 Salaries and other compensation of the Contractor's personnel stationed at the
Contractor's principal office or offices other than the site of�ice, but subject to the
provisions of Section 2.4.5.2;
2.4.11.1.2 Expenses of the Contractor's principal office and offices other than the site office;
2.4.11.1.3 Overhead and general expenses,except as may be expressly included in Sections 2.4.5
to 2.4.10;
2.4.11.1.4 The Contractor's capital expenses,including interest on the Contractor's capital
employed for the Work;
2.4.11.1.5 Costs due to labor strikes and/or the negligence or failure of the Contractor,
Subcontractors and suppliers or anyone directly or indirectly employed by any of them or for whose
acts any of them may be liable to fulfill a specific responsibility of the Contract;
2.4.11.1.6 Any cost not specifically and expressly described in Sections 2.4.5 to 2.4.10 unless such
costs are actual costs required to complete the Work and approved in writing by Owner or
are othenvise stated in this Contract;
2.4.11.1.7 Costs,other than costs included in Change Orders approved by the Owner,that would
cause the Guazanteed Ma�cimum Price to be exceeded;and
2.4.11.1.8 Costs for services incurred during the Scoping and Design Phases other than those
approved in writing in advance by Owner, which shall be paid by Owner as otherwise
provided in this Contract.
2.4.12 Accounting Records. The Contractor shall keep full and detailed records and accounts related to the cost of
the Work and exercise such controls as may be necessary for proper financial management under this Contract
and to substantiate all costs incurred.The accounting and wntrol systems shall be satisfactory to the Owner in
the Owner's reasonable discretion. The Owner and the Owner's auditors shall,during regular business hours
and upon reasonable notice,be afforded access to,and shall be pemutted to audit,at the Owner's expense,the
Contractor's records and accounts, including complete documentation supporting accounting entries, books,
correspondence, instructions, drawings, receipts, subcontracts, Subcontractor's proposals, purchase orders,
vouchers,memoranda and other data relating to this Contract.The Contractor shall preserve these records for
a period of three years after final payment, or for such longer period as may be required by law. Due to the
sensitive nature of the information that may be disclosed by Owner's audit, including financial, trade secret
and work product information of the Contractor and subcontractors which may be beneficial to Contractor and
subcontractor's competitors,Owner agrees that copies of the foregoing records and information shall only be
provided to Owner upon Contractor's consent unless otherwise required by law.
2.4.13 Summary of Definitions regarding financial components.
2.4.13.1 Budget Items: Conshuction element or task that was bid out and subsequently contracted with a
sub-trade supplier.
2.4.13.2 Allowance Items: Construction element or task that is anticipated,but not contracted with a sub-
trade supplier. Amount of the allowance can be designated by(a)estimation,or(b)as a result of a
RFP.
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2.4.13.3 Contingency Items:
a Construction element or task that is unintentionally omitted from the RFP process,but still
required as part of the Scope.
b Modification to an originally budgeted or anticipated construction element or task, as a
result of local pemvtting,or code enforcement modifications.
c Modification to an originally budgeted construction element or task, as a result of
commodity pricing or component availability.
d Contingency dollars could be used to cover"net overages"of Allowance Items.
e Construction element or task that results in an immaterial deviation from the contracted
(a) Proposal, (b) Drawings, (c) Plans, or (d) Specifications AND (e) deemed to be "in
scope".
2.4.13.4 Change Order Items: Construction item or element that is a material deviation from the contracted
(a) Proposal, (b) Drawings, (c) Plans, or(d) Specifications, AND (e) deemed to be "in scope" or
"out of scope".
3. OWNER'S RESPONSIBILITIES
3.1 Owner's Resnonsibilities During Scopin Phase
3.1.1 The Owner shall provide the following to the Contractor:
3.11.1 Information regarding legal limitations,together with all information in the possession of the Owner
regarding environmental, soil and subsurface conditions at the Site. The Contractor shall take all
reasonable and prudent steps necessary to locate utility facilities as required for the Project.
3.1.1.2 A program and other relevant information describing the Owner's Project objectives,constraints and
requirements,including the Project budget and completion requirements.
3.1.13 To the extent it is not within the Contractor's Scope of Work or the responsibility of the Contractor
in Sections 4.6 and 4.7, Owner shali secure and pay for necessary easements and governmental
approvals for the construction, use or occupancy of the Project, including legal services required
therefor.
3.1.1.4 Promptly respond to Contractors' inquiries and requested approvals as necessitated during the
Scoping,Design and Construction Phase.
3.1.2 The information and services required by Paragraph 3.1.1 shall be furnished with reasonable promptness at the
Owner's expense,and the Contractor shall be entitled to rely on their completeness and accuracy.
3.2 Owner's Resnonsibilities Durin D�es�ign Phase
3.2.1 The Owner shall review(i)the Design Documents and other information fumished by the Contractor during
the Design Phase as set forth under Section 2.2,and(ii)the Guazanteed Maacimum Price Proposal as set forth
in Section 2.4.1,each within 20 business days of receipt by Owner.
3.3 Owner's Responsibilities During Construction Phase
3.3.1 The Owner shall at once report to the Contractor any errors,inconsistencies or omissions the Owner discovers
in the Construction Documents. Failure by the Owner to report to the Contractor any such errors,
inconsistencies or omissions shail not relieve the Contractor of any of its responsibilities with respect to such
errors, inconsistencies or omissions,unless Contractor cannot reasonable infer such items from the Owner's
Program.
3.4 Le ag 1 Requirements.T'he Owner shall furnish all legal and accounting services,including auditing services that may be
reasonably necessary at any time for the Project to meet the Owner's needs and interests.
3.5 Owner's Renresentative: Notwithstanding anything in this Contract to the contrary, Contractor aclrnowledges and
agrees that (i) Anna Kangas shall be Owner's representative for the administration of the Work (the "Owner's
Representative"), (ii) no Change Order shall be deemed approved by Owner nor may Contractor have a claim for
additional services unless a written change order has been executed and delivered by Owner's Representative,(iii)any
8
work outside the scope of the Work set forth in this Contract and any properly executed Change Orders cannot be
authorized by other representatives,agents,employees,officers,members or consultants,contractors of Owner(whether
requested in writing or verbally by such other representative, agents, employees, officers, members, consultants or
contractors). Owner's Representative shall be allowed(but not required to be)on the Site at all times,however, such
shall not relieve or release Contractor from any of its obligations or responsibilities under this Contract.
4. CONTRACTOR'S RESPONSIBII.ITIES
4.1 Conduct of Services
4.1.1 Contractor represents and warrants to the Owner that Contractor is competent to perform and provide the
services required by this Contract,and the Contractor has the necessary permits,licenses and qualifications to
perform such services. When applicable law requires that services be performed by licensed professionals,the
Contractor shall have those services provided through the performance of qualified persons or entities duly
licensed to practice their professions, including but not limited to, lawfully licensed architects, engineers or
other design professionals.Contractor shall exercise skill,caze and diligence in the performance and provision
of the Work required by this Contract. Contractor shall perform the services promptly and in conformity with
the requirements of this Contract, and in this regard shall carry out its obligations under this Contract in
accordance with customarily accepted practices. In the event that Contractor should fail to comply with any
of the foregoing requirements or standards, Contractor shall perform at its own costs and without
reimbursement from the Owner,the services necessary to conect deficiencies in the services or work which
are so caused. Contractor's representations and warranties in this Section shall terminate at the times provided
in Section 11.1.
4.1.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees,
architects, contractors, subcontractors, engineers, design professionals, and their agents and employees, and
other persons or entities performing any portion of the obligations required to be completed by Contractor
under the Contract Documents.
4.1.3 When requested, the Contractor shall obtain from each of the Contractor's professionals and furnish to the
Owner certifications with respect to the documents and services provided by such professionals(a)that,to the
best of their lmowledge,information and belief,the documents or services to which such certifications relate
(i) are consistent with the Contract Documents and the Design Documents, except to the extent specifically
identified in such certificate,(ii)comply with applicable industry and professional practice standards,and(iii)
comply with appiicable laws,ordinances,codes,rules and regulations goveming the design of the Project;and
(b) that the Owner and its consultants shall be entitled to rely upon the accuracy of the representations and
statements contained in such certifications.
42 Project and Payment Schedule
4.2.1 The Construction Schedule
4.2.1.1 Contractor shall prepaze and maintain a schedule (the "Construction Schedule") to meet the
"Milestones"identified in the attached Exhibit H,as modified from time to time by the parties. The
Construction Schedule shall accurately represent and reflect,to the best of Contractor's knowledge,
experience and ability,the total time and monies required to complete each task and the progress of
the Work relative to the Substantial Completion Date(as hereinafter defined). The Contractor shall
promptly revise the Construction Schedule as the scope of the Project changes and report any
revisions in the Construction Schedule to"Owner's Representative". ,
4.2.1.2 Time is of the essence of this Contract. In the event that the Contractor does not meet the
Milestones for reasons other than Excusable Delay,Contractor shall,at its sole cost and expense and
at no additional costs to Owner or adjustments to the contract, implement remedial actions
reasonably necessary to achieve Contract compliance. In addition, in the event the Owner
deternunes the Work to achieve the Milestones has not progressed or reached the level of
completion required by this Contract for reasons other than Excusable Delay,the Owner shall have
the right at Owner's cost [through the use of Contractor's Contractual Contingency Fund]to order
the Contractor to take corrective measures necessary to expedite the progress of the Work,
including without limitation, (i) working additional shifts or overtime, (ii) supplying additional
manpower, equipment and facilities, and (iii) other similaz measures (collectively, the
9
"Extraordinary Measures"). Such Extraordinary Measures shall continue until the progress of the
Work complies with the Construction Schedule. The Owner's right to require Extraordinary
Measures is solely for the purpose of ensuring the Contractor's compliance with the Construction
Schedule. The Contractor shall not be entitled to an adjustment in the Contract Sum or Construction
Schedule (for reasons other than Excusable Delay) in connection with Extraordinary Measures
required by the Owner under or pursuant to this paragraph unless this Contract otherwise expressly
permits the same and Owner may exercise the rights furnished the Owner under or pursuant to this
paragraph as frequently as the Owner deems necessary to ensure that the Contractor's performance
of the Work will comply with any Milestone date or completion date set forth in the Construction
Schedule.
4.2.2 Substantial Completion
4.2.2.1 As used in this Contract, the term "Substantial Completion" or "Substantially Completed" shall
mean the stage in the progress of the Work when the Work is sufficiently complete in accordance
with the Contract Documents and verified by both Owner and Contractor, in order that the Owner
can occupy or utilize the Project for its intended use.
4.2.2.2 The Work to be performed under this Contract shall be Substantially Completed as soon as
reasonably practical but in no event later than February 2, 2018 (the "Substantial Completion
Date"). The Substantial Completion Date may be modified by the parties as provided in Section 6.2
or 12.1. The period between the date of this Contract and the Substantial Compietion Date shall be
the"Contract Period".In the event that Contractor completes the Work 30 days prior to the last date
which can constitute the Substantial Completion Date as modified by the mutual agreement of the
parties(the"Incentive Date"), then Owner shall award Contractor$500 for each such day that the
Work is completed to Substantial Completion prior to the Incentive Date. The maximum bonus
amount under this provision shall be$15,000.This bonus shall be in addition to any other payments
or bonuses to be received by Contractor under this Contract.
4.2.3 Certificate of Substantial Completion
4.23.1 When the Contractor considers the Work to be substantially complete,the Contractor shall provide
written notice to Owner. See Exhibit I. Promptly following Owner's receipt of such notice,
Contractor and Owner's Representative shall meet at the Site, inspect the Work and review test
results if any, in order for the Owner to determine whether the Work is substantially complete.
Contractor and Owner's Representative shall also complete a comprehensive list of all items to be
completed or corrected (the "PunchlisY') by the Contractor. Failure to include an item on the
Punchlist shall not alter the Contractor's responsibility to complete all Work in accordance with this
Contract. Contractor shall commence with the correction and/or completion of any item on the
Punchlist immediately thereafter. If the items set forth on the Punchlist are not corrected within the
agreed upon timeframe as agreed to in writing by Owner and Contractor,Owner shall have the right
to hire an independent contractor to complete the work on Contractor's behalf and shall have the
right to deduct the direct costs of such work, including the cost of any supervision, from the
Contractors Contractual Contingency Fund,Final Payment,or bill Contractor for such costs. If an
item cannot reasonably be corrected within a fourteen (14) day timeframe, the reasons therefore
shall be expiained in writing on the Punchlist to Owner's reasonable satisfaction. The Punchlist
shall in no way waive or alter any other rights of Owner under this Contract pertaining to warranties,
latent defects,or otherwise.
4.2.3.2 When the Ovv�er approves the Work as substantially complete,the Owner shall prepare a Certificate
of Substantial Completion to be executed by Contractor and Owner establishing the date of
Substantial Compietion, and the time within which Contractor shall finish the Punchlist items
accompanying the Certificate. See Exhibit J. The Punchlist shall be attached to the Certificate of
Substantial Completion. Wananties required by this Contract shall commence on the earlier of: (i)
the date that khe City of Cape Girardeau City Council accepts warrantied items;or(ii)30 days after
the work or items under warranty aze piaced in service by Owner,unless otherwise provided in the
Certificate of Substantial Completion or in Section 11.1.
4.2.4 Certificate of Substantial Comnletion
10
4.2.4.1 Promptly following issuance of the Certificate of Substantial Completion, Contractor shall
commence and complete all remaining Punchlist items as provided in the Certificate of Substantial
Completion.
4.2.4.2 Upon completion of the Punchlist,the Contractor shall provide written notice to Owner and request
an inspection by the Owner to determine whether the Project is"Commercially Operational." See
Exhibit K. When the Owner deternunes that all Punchlist items are complete, it shall deem the
Project "Commercially Operational." See Exhibit L. When the Project is Commercially
Operational,Owner shall release ttie Retainage to Contractor as provided in Paragraph 73.
4.2.5 Delav Damages
4.2.5.1 Any delay by Contractor in perfomung its obligations under this Contract which is caused by an
event beyond the reasonable control of the Contractor and which could not have been avoided by the
Contractor without incurring additional cost through the use of work around plans including
alternative sources or other means,constitutes an Excusable Delay. Events may include,but are not
restricted to, riots, labor disputes, materials transport, materials fabrication, civil disturbances,
actions or inactions of governmental authorities, provided Contractor has followed the provisions
and timelines outlined by the authorities,delays in the granting of governmental and utility pernuts
and approvals, provided Contractor has followed the provisions and timelines outlined by the
authorities,epidemic,waz,embargoes, severe weather, fire,earthquake,acts of God,or defaults by
the other party. Excusable Delay shall also include such reasonable time following an event,
including the time required to correct any damages and the time when Work cannot be completed
due to unsuitable site conditions.Contractor shall give written notice to the Owner within seven(7)
business days after the occurrence of the event that causes the Excusable Delay. See Exhibit M.
The notice shall state the cause and circumstances of the delay and indicate the portion of the Work
affected by the delay. Unless Contractor materially complies with the notice requirements set forth
above,any delay that would otherwise constitute an Excusable Delay shall be deemed not to be an
Excusable Delay. In the event of any such default,delay or failure to perform,any dates or times by
which the Contractor otherwise is scheduled to perform shall be extended for a period of time equal
in duration to the additional time required because of the excused default,delay or failure to perform
and the parties shall increase the Cost of the Work and Guaranteed M�imum Price for any
addirional Work directly relating to the Excusable Delay as provided herein.
4.2.5.2 Except for Excusable Delays where the Contractor has given timely written notice to the Owner,
Contractor shall pay to Owner the amount of $500 for each day after the date of Substantial
Completion it takes Contractor to complete the Work. T'he maximum delay amount will be no
greater than$15,000. This amount represents a reasonable estimate of the damages to be suffered
by Owner as a result of such delay and is not a penalty. Owner may deduct the above amount and
withhold the same as liquidated damages from payments due or owing to Contractor. Such
liquidated damages shall only relate to delay damages attributable to the acts or omissions of
Contractor and its subcontractors, sub-subcontractors and suppliers and shall not affect any other
rights,remedies or damages that the Owner may be entitled to at law or in equity for Contractor's
default under this Contract. Contractor hereby waives any defense as to the validity of any
liquidated daznages stated in this Contract as they may appear on the grounds that such liquidated
damages are void as penalties or are not reasonably related to actual damages.
43 Project Meetin�s
4.3.1 Contractor shall schedule and conduct periodic meetings in person or via telephone conference or online
meetings as reasonably determined by Contractor that can be attended by the Owner's Representative and
appropriate staff/project team, the "Contractor's Representative" (hereinafter defined), relevant
subcontractors, relevant material suppliers, and other relevant parties. Such meetings shall serve as a forum
for the exchange of information concerning the Project and review of the Construction Schedule, and may
include verification that any Milestones have been met and that payxnent for achievement of the Milestone(s)
is or may be due. Contractor shall prepare and distribute in advance an agenda for each meeting and shall
record,transcribe and distribute minutes to all attendees for such meetings.
4.4 Materials and En �ni�ring,etc.
11
4.4.1 Contractor warrants to Owner that materials and equipment that Contractor fumishes under this Contract are
to Contractor's knowledge, information and belief, of good quality and new, except as otherwise expressly
required or pemvtted by this Contract or approved by Owner,that the Work will be free from material defects
not inherent in the quality required or pernutted,and that the Work will conform with the requirements of the
Contract. Work not conforming to these requirements, including substitutions not properly approved or
authorized by the Owner, shatl be considered defective. Cure of such defect shall be by correction or
replacement of the Work,at the Contractor's cost. If required by Owner,Contractor shall supply satisfactory
evidence as to the kind and quality of materials and equipment.
4.4.2 The Contractor agrees: (i)that all materials incorporated by it during the Work and all materials delivered by
it for incorporation in the Project shall be free of any and all liens, claims, chattel mortgages, security
interests, and conditional sales aD eements of third parties(ii)that any monies it shall receive in payment for
Work performed under this Contract shall be received in trust and used to discharge its financial obligations
with respect to the Work; (iii) that it wili not file or cause to be filed any mechanic's lien for materials
fumished or to be furnished and/or for labor performed or to be performed unless default shall first have been
made by Owner in making a payment under this Contract and ten(10)business days priar written notice of
such default shall have been given to Owner; (iv) that if any subcontractor or any materialman or anyone
claiming by or through such subcontractor or materialman shall file or cause to be filed any lien, Contractor
will upon notice from Owner, cause such lien to be canceled and discharged (by payment, bonding or
otherwise) within ten (10) business days from such notice; (v) and in the event of Contractor's failure to
observe any of the foregoing,Owner shall have the right to cause such lien to be canceled and the cost thereof,
including the premiums upon any bond furnished for such cancellation and discharge and reasonable attorneys
fees and disbursements, shall be paid by Contractor or at the option of Owner shall be deducted from any
payment then due or thereafter becoming due from Owner to Contractor. Nothing contained in the preceding
sentence or otherwise in this Contract shall be deemed to create a relationship between Owner and Contractor
other than that of Owner and independent contractor. Said right shall be cumulative and shall be in addition to
any and all other rights and remedies herein or otherwise by law given to Owner. Upon receipt of evidence of
Contractor's default hereunder with respect to its obligations to make payments to its subcontractors and
suppliers after Owner has made payment to Contractor with respect to same , Owner reserves the right(but
not the obligation)to,after three(3)business days prior written notice,retain any money due Contractor and
pay directly for labor, materials, equipment, tools, plant, facilities, services and all other obligations of
Contractor and to deduct the amount of any such direct payments from any payments or amounts then due or
thereafter to become due to Contractor.
4.5 Supervision of the Work
4.5.1 Contractor's Representative: Owner acknowledges and agrees that Thomas B. Kiefner shall
be Contractor's representative for the Project(the"Contractor's Representative"). Prior to the commencement
of the Work, Contractor shall provide to Owner the Contractor's address, office and mobile telephone
numbers, and other contact information for Contractor's Representative. Any changes to such information
shall be provided in advance to Owner. Contractor's Representative(or Contractor's site manager)shall be in
attendance at the Project site during the performance of the Work, accessible to the Owner at all times, and
shall at all times maintain good discipline and order with its employees, subcontractors, suppliers,
materialmen, and laborers. Contractor's Representative shall not be replaced or reassigned to any other
project prior to the Substantial Completion Date without Owner's prior written consent. Contractor shall
supplement its staff with whatever additional supervisory personnel aze reasonably required to assure that the
Wark shall be finished by the Substantial Completion Date.
4.5.2 Changes to Sunervisory Authoritv: Neither Contractor's Representative nor Owner's Representative shail be
changed without five(5)business days'written notice to the other party.
4.6 Comnliance with Laws
4.6.1 Contractor shali comply with all laws, ordinances,rules,regulations and lawful orders of public authority as
bearing on the performance of the Work. The Contractor shall confirm that any information in the drawings
and specifications portion of the Contract Documents provided by Contractor complies with applicable laws,
regulations and codes and the Contractor shall immediately notify Owner in writing if said drawings and
specifications are observed to be at variance with such laws, ordinances,rules,regulations and lawful orders
of any public authority. In the event that a specific requirement of the Contract Documents conflicts with
applicable laws, regulations and codes, the Contractor shall furnish Work which complies with such laws,
reD lations and codes.
12
4.7 Permits and Licenses
4.7.1 Upon the Owner's approval of the Design Documents,the Contractor shali make application for such pemuts
and licenses as have been identified by Contractor as necessary for ttie design and/or construction of the
Project. Owner and Contractor shall agree on which party has responsibility for obtaining the licenses and
permits. See Exhibit N. The responsible party shall work diligently and continuously to obtain same. The
cost for all such pemuts and licenses shall be paid as provided on Exhibit N. In the event all necessary
pemvts and licenses are not obtained within a time to be agreed to by the parties,Owner shall have the right to
ternunate this Contract upon written notice to Contractor,whereupon this Contract shall be ternunated and the
parties released of all further obligations each to the other,except as otherwise expressly set forth herein,and
with Owner paying Contractor such prorated fees and other costs which have occurred or accrued up to the
date of ternunation. Immediately upon receipt of valid pemuts,Contractor shall provide copies to Owner.
4.8 Job Site Safetv/Hazardous Materials
4.81 Job-Site Safetv/Control of Work: Contractor shall use best efforts to maintain and protect the Work from
damage and the elements and shall protect and take all reasonabie precautions to protect Owner, the Project,
any third party and the property of any third party from injury or loss during the course of the Work.
4.8.2 Contractor shall comply with all applicable rules and regulations of any public authority having jurisdiction
for the safety of persons or property. Contractor shall erect and maintain as required by existing conditions
and progress of the Work all reasonable safeguards for safety and protection,including posting danger signs,
promoting safety regulations and notifying Owner and users of adjacent utilities and properties. The
Conh�actor shall promptly report in writing to the Owner all accidents arising out of or in connection with the
Work that cause death, personal injury, or property damage, giving full details and statements of any
witnesses. In addition,if death,serious personal injuries,or serious damages are caused,the accident shall be
reported immediately by telephone or messenger to the Owner's Representative.
4.8.3 If the severity of the elements makes it impossible to continue operations in a safe manner in spite of all
reasonable precautions,Contractor shall cease work and immediately notify Owner. Anything damaged due
to Contractor's negligence shall be promptly removed and replaced with new work at Contractor's cost and
expense.
4.8.4 Contractor shall keep the Project and surrounding azea free from accumulation of debris or rubbish. At the
completion of the Work,Contractor shall remove all waste materials,rubbish,tools,construction equipment,
machinery and surplus materials not sold at the request of the Owner from the Project.
4.8.5 Disposal of Hazardous Samples/Materials and Contaminated Equipment: All samples and materials produced
in the course of Contractor's work pursuant to this Contract containing or potentially containing hazardous
materials or constituents are the property and responsibility of Owner and shall be retumed to Owner for
proper disposal. All laboratory and field equipment that cannot readily and adequately be cleansed of its
hazardous contaminants shall be the property and responsibility of Owner. All such equipment shall be
charged and tumed over to Owner for proper disposal. Alternate arrangements to tum such equipment,
materials and/or samples directly over to a licensed hazardous waste disposal facility may be made at Owner's
direction and expense.The parties aclrnowledge and agree that Contractor is not,and has no responsibility as,
a handler,generator,operator,treater, storer,transporter,or disposer or hazardous or toxic substances,waste
or materials found or identified at the site. Owner shall accept responsibility for the removal and offsite
disposal of any such hazazdous materials. This provision does not apply if such hazazdous materials,samples,
or contaminated equipment is transported to the site by the Contractor or that is a result of the Contractors
negiigent or unauthorized actions.
4.8.6 Notification of Hazardous Materials: Owner hereby warrants that,if it knows or has any reason to assume or
suspect that hazazdous materials may exist at the project site, it has so informed Contractor. Owner shall
furnish to Contractor all documents and information lrnown to Owner that relate to the identity, location,
quantity, nature or characteristics of any hazardous materials or suspected hazardous materials, on or under
the site.
4.8.7 Dif�'ering Site Conditions. If the Contractor encounters conditions at the Pmject site that are(1)subsurface or
otherwise concealed physical conditions that differ materialty from those indicated in the Contract or (2)
unknown physical conditions of an unusual nature,that differ materially from those ordinarily found to exist
13
and generally recognized as inherent in construction activities of the character provided for in the Contract,
the Contractor shall promptly provide written notice to the Owner before conditions are further disturbed.
Contractor shall not be required to perform any work relating to the condition after providing writing notice to
Owner without the written mutual agreement of the parties. The Owner will promptly investigate such
conditions and,if the Owner reasonably determines that the conditions differ materially and cause an increase
or decrease in the Contractor's cost of,or time required for,performance of any part of the Work,wili issue a
Change Order adjusting the Contract Sum and/or the Contract Period. If the Owner determines that the
conditions at the site are not materially different and that no change in the terms of the Contract is justified,
the Owner will notify the Contractor in writing;provided,however,that the Contract Period will be extended
for a period of time equal to the time from when Owner receives Contractor's written notice as provided in
this Subsection and to the time Owner makes its deternunation as provided herein. If Contractor disputes the
Owner's determination,it may proceed as provided in Section 12.1.
5. SUBCONTRACTORS
5.1 Definitions. A subcontractor is a person or entity who has a direct contract with the Contractor,to perform a portion of
the Work at the Site. A sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor
to perform a portion of the Work at the Site.
5.2 Award of Subcontracts and Other Contracts for Portions of the Work
5.2.1 The Contractor has listed the names of subcontractors(including those who are to furnish materials or
equipment fabricated to a special design)proposed for each principal portion of the Work on Exhibit V.
The Owner hereby accepts such list and agrees that it has no objection to any subcontractor stated on
such list.
5.2.2 In the event it becomes necessary to replace any subcontractor on E�chibit V or to add additional
subcontractors, the Contractor shall propose a subcontractor in writing to Owner. Owner shall have 5
days after receiving such written notice to either accept or reject Contractor's pmposal. Failure to reply
within the 5 day period shall constitute acceptance by the Owner of the subcontractor(s). The Contractor
shall not contract with a proposed person or entity to which the Owner has made reasonable and timely
objection.
5.23 If the Owner has reasonable objection to a person or entity proposed by the Contractor, the Contractor
shail propose another to whom the Owner has no reasonable objection. The Project Construction
Schedule shall be adjusted to the extent of any delay by Owner in objecting to a person or entity
proposed by the Contractor and,in this regard,any such Owner delay will also be an Excusable Delay.
5.2.4 The Contractor shall not substitute a person or entity previously selected if the Owner makes reasonable
objection to such substitution.
5.2.5 If the proposed but rejected subcontractor was reasonably capable of perfornung the Wark,the Contract
Sum may be increased or decreased by the difference, if any, occasioned by such change with an
appropriate Change Order to be issued before commencement of work by the subcontractor.
5.3 Subcontractual Relations. By appropriate written agreement, the Contractor shall require each subcontractor, to the
extent of the Work to be performed by the subcontractor,to be bound to the Contractor by terms of this Contract,and to
assume toward the Contractor all the obiigations and responsibilities, subject to Section 10.4, including the
responsibility for safety of the subcontractor's Work,which the Contractor,by this Contract,assumes toward the Owner
and, as applicable, the Owner, by this Contract, assumes toward the Contractor. Each subcontract agreement shall
preserve and protect the rights of the Owner and Contractor under this Contract with respect to the Work to be
performed by the subcontractor so that subcontracting thereof will not prejudice such rights. The Owner and Contractor
shall require each of their respective subcontractors to enter into similar agreements with sub-subcontractors. The
Contractor, shall make available to each proposed subcontractor, prior to the execution of the subcontract agreement,
copies of the Contract to which the subcontractor will be bound,and,upon written request of the subcontractor,identify
to the subconri-actor terms and conditions of the proposed subcontract agreement that may be at variance with this
Contract. Subcontractors will similarly make copies of applicable portions of such documents available to their
respective proposed sub-subcontractors.
5.4 Contineent Assi�nment of Subcontracts
14
5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner,provided
that:
5.4.L1 assignment is effective only after termination of this Contract by the Owner for cause pursuant to
Section 3.3 and only for those subcontract agreements that the Owner accepts by notifying the
Subcontractor and Contractor in writing;and
5.4.1.2 assigiment is subject to the prior rights of the surety, if any, obligated under bond relating to this
Contract.
When the Owner accepts the assignment of a subcontract agreement,the Owner assumes the
Contractor's rights and obligations under the subcontract.
5.4.2 Upon such assignment to the Owner under this Section 5.4,the Owner may further assign the subcontract to a
successor contractor or other entity.
5.5 Owner's Right to Perform Construction and to Award Separate Contracts
5.5.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's
own employees and to award separate contracts in connection with other portions of the Project or other
construction or operations on the site, if such portions are not included in the Work to be completed by
Contractor. T'he term"separate contractor"shall mean any contractor retained by the Owner pursuant to this
Section. The Contractor shall cooperate with the Owner and separate contractors whose work might interfere
with the Contractor's Work.If the Contractor claims that delay or additional cost is involved because of such
action by the Owner,the Contractor shall make such Claim as provided in Section 12.1.
5.5.2 The Contractor shall provide for coordination of the activities of the Owner's own empioyees and of each
separate contractar with the Work of the Contractor. The Owner shall ensure that its own forces and its
separate contractors cooperate with the Contractor in such coordination.The Contractor shall participate with
other separate contractors and the Owner in reviewing their construction schedules as is necessary for
coordination of the Project. The Contractor shall make any revisions to the construction schedule deemed
necessary after a joint review and mutual agreement with the Owner. The construction schedules shall then
constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently
revised.
15
6. CHANGES
6.1 Chanees to Work bv Owner. Owner shall have the right to make changes to the Work, without invalidating this
Contract. All such changes shall be performed under the conditions of this Contract, except that no extra work or
modification shall be done without prior written authorization from Owner's Representative, and shall not be paid for
without a written Change Order from Owner's Representative in accordance with this Section 6 ("Change Order"). A
form for the issuance of a Change Order is attached as Exhibit O. In order for the Owner to manage and track Change
Orders and their impact on the totai cost of the Work, Contractor must provide to the Owner prior to the issuance of a
Change Order a cost breakdown for the item of extra work and a reference to the corresponding Milestone for which the
work will be done as referenced in the Construction Schedule. Any Change Order which decreases the Work shall inure
to the benefit of Owner and the Contract Sum shall be reduced by the actual cost savings to Contractor. If a Change
Order increases the cost of the Work then the Contract Sum and Guaranteed Maximum Price shall be increased
accordingly.Notwithstanding anything to the contrary in this Contract,if the Owner decides to increase or decrease the
Work or otherwise alter the Work by deductions or additions,including without limitation the elimination of any one or
more of the items as provided in the Contract,Contractor shall perform the Work as so altered and the Contract Sum and
Guaranteed Maximum Price shall be reasonably increased or decreased accordingly. 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 Sum and the Construction Schedule. In this regazd, on any Change Order which increases the Work,
Contractor shall inciude all direct costs for subcontractors and materials,plus a markup[to be negotiated]. In addition,
if the Change Order would reasonably add time to the Project timeline,Contractor shall include all reasonable costs of
Contractor for the additional days of field supervision and all ancillary expenses required due to the extended Project
timeline.
6.2 Chan�e Order Required. Any extension of time for the completion of the Work as a result of a Change Order shall be
agreed to by the parties and se[forth within such Change Order. If the Work required under a Change Order would
reasonably require an extension of time,then a reasonable time extension shall be given as a part of such Change Order.
No order,statement or conduct of Owner or its representatives shall be treated as a Change Order,or entitle Contractor
to an equitable adjustment in the Contract Sum or extension of the Contract Period,unless pre-approved in writing by
Owner or Owner's Representative. Change Orders are intended to be all inclusive and exhaustive as to primary and
foreseeable collateral conditions,situations and effect. Unless documented by a Change Order or written authorizations
of Owner or Owner's Representative, any claims for additional work (other than Claims of Contractor as otherwise
herein provided) performed by Contractor shall be deemed waived. Accordingly, no course of conduct or dealings
between the parties,nor express or implied acceptance of alterations or additions to the Work,shall be the basis of any
claim to an increase in any amounts due under this Contract or a change in any time period provided for in this Contract.
63 Minor Chan e�s. Owner shall have the authority to order(in writing) minor changes in the Work consistent with the
intent of this Contract and not involving an adjustment in the Contract Sum or the Construction Schedule,but shall be
paid by Owner from its contingency fund. See Exhibit P. In the event Contractor is unable to accommodate the change
without initiating a Change Order, then Contractor sball notify Owner's Representative immediately and require
direction.
7. METHOD OF PAYMENT
7.1 Invoicin�
7.1.1 Throughout the course of this Contract, Contractor shall invoice Owner monthly pursuant to a format agreed
to by Owner, including without limitation the requirements set forth in Exhibit O attached hereto (an
"Invoice"). All fees, costs and expenses for the Scoping Phase and Design Phase shall be paid with 30 days
after the start of the Construction Phase.
7.1.2 Invoicing will take place in the third week of the month and will be based on actual documented cost of the
work for the period. Invoices received by the Owner by the 20`h of the month will be paid by the 10`h of the
immediate following month.
7.2 Monthly Pro e�r ss Payments
7.2.1 Upon satisfactory progress of the Work and receipt by Owner,Owner's Representative and Owner's lender,if
any, or its representative, if any, of an approved Invoice as defined in Section 7.1.1 including all supporting
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documentation described below,Owner will make monthly progress payments on this Contract as set forth in
Section 7.2.7, except when in Owner's reasonable opinion it is necessary to withhold an amount to protect
Owner from loss due to:
7.2.1.1 defective work of Contractor not remedied;
7.2.1.2 claims or liens filed on the Project as a result of Contractor's acts or omissions;
7.2.13 failure of Contractor to make payment promptly to subcontractors or material suppliers for labor,
materials or equipment;
7.2.1.4 damage to Owner or another contractor as a result of Contractor's acts or omissions;
7.2.1.5 reasonable evidence that the Work will not be completed in accordance with the Construction
Schedule as a result of Contractor's acts or omissions;or
7.2.1.6 a persistent failure by the Contractor to carry out the Work in accordance with this Contract.
7.23 Sunportin�Documentation. In addition to other required items, each Invoice shall be accompanied by the
following,all in form and substance reasonably satisfactory to Owner:
7.2.3.1 Documentation that the relevant portion of the Work performed by the Contractor or its
subcontractors is complete and has been inspected for compliance with the Contract.
7.2.3.2 A duly executed and acknowledged Contractor's sworn statement(an"Affidavit of PaymenY'),
See Exhibit R, showing all subcontractors with whom Contractor has entered into
subcontracts, the amount of such subcontract, the amount requested for any subcontractor in
the Invoice and the amount to be paid to Contractor from such progress payment,together with
similar statements from all subcontractors and,where appropriate,from sub-subcontractors and
suppliers of materials;
7.2.33 When reasonably available, duly executed waivers and releases of inechanics' and
materialmen's liens from Contractor and such relevant subcontractors, suppliers or sub-
subcontractors or suppliers who may have or claim to have valid lien rights in accordance with
applicable law (and sub-subcontractors and suppliers of materials, to each tier), establishing
payment or claim to have or satisfaction of the payment requested by Contractor in the Invoice,
which at a minimum,shall comply with the requirements of the law. See Exhibit S.
7.2.4 Right to Full Compliance. If Owner elects to make any payment without receipt of all required supporting
documentation, any such payment shall not be deemed a waiver of Owner's right to demand the required
documentation and Owner shall have the right to insist upon full compliance with the requirements hereof as a
condition to any and all future payments.
7.2.5 Inspection of Work in Place. Upon 24 hours written notice, Owner may from time to time inspect the
progress and sufficiency of the Work in place at Contractor's place of business or such other locations where
the Work is being manufactured or assembled.
7.2.6 Retainaee. T'he Owner may withhold from each payment a sum representing 5% of the payment amount to
the Contractor for the Contractor's work to be held as Retainage and payable as provided herein;provided that
any such Retainages shall be reduced from said 5% to 2% when 95% or more of Contractor's or any
subcontractor's work is complete and both Owner and Contractor are reasonably satisfied with such work,and
provided fiuther that no Retainage amounts from any subcontractor shall be withheld by Owner for longer
than sixty(60)days following the date in which any such subcontractor's work is fully completed.
7.2.7 Timin�of Monthly ProQress Pavxnents. Contractor shall submit monthly Invoices to Owner for payment of
Work achieved for such month, including any Change Order. Owner shall pay the amount due within thirty
(30)days after receipt of an original Invoice that complies with Section 7.1 and the satisfaction of all other
requirements set forth in Section 7.2. Submission of an Invoice that complies with Section 7_1 and the
reasonable satisfaction of all requirements set forth in Section 7.2 aze conditions precedent to payment from
the Owner to the Contractor. Additionally, if there is a dispute as to the amount due, Owner shall pay the
undisputed portion of the Invoice and the parties shall cooperate in good faith to promptly resolve the dispute
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with respect to the unpaid amount. Owner may set off against any payment due to Contractor under this
Contract, or any other agreement between the Owner Indemnified Parties (as hereinafter defined) and
Contractor or its affiliates,any amounts that Owner spends or losses Owner incurs as a result of Contractor's
uncured default as provided in Section 12.2.
7.3 Final Pa ment
7.3.1 Timing of Final Payment
7.3.1.1 Owner shali make the final payment (the "Final PaymenY') to the Contractor, including all
Retainage,after the final acceptance of the project by the City of Cape Girardeau City Council.
The City staff will submit the request for final payment, within thirty(30) days after: i) the
Owner deems the Project Commercially Operationai as set forth in Section 4.2.4.2; 2)receipt
of a final Invoice that complies with Sections 7.1 and 7.2; and 3) the satisfaction of all other
requirements set forth in Section 7.3.4. Each of these three requirements are conditions
precedent to Final Payment. Additionally, if there is a dispute as to the amount due, Owner
shall pay the undisputed portion of the Final Payment and the parties shall cooperate in good
faith to promptly resolve the dispute with respect to the unpaid amount. Owner may set off
against any payment due to Contractor under this Contract,or any other agreement between the
Owner Indemnified Parties (as hereinafter defined) and Contractor and its affiliates, any
amounts that Owner spends or losses Owner incurs as a result of Contractor's uncured default
under Section 12.2 of this Contract.
73.1.2 In the event Contractor does not rimely comply with any of the requirements set forth above for
the Final Payment,Contractor agrees that Owner shall retain such relevant portion of the Final
Payment directly related to the failed material requirement to protect Owner against any lien
rights or claims,until such requirements for the Final Payment have been satisfied.
73.2 The acceptance of the Final Payment by Contractor shall constitute a waiver of all claims by Contractor
relating to the Work,but shall in no way relieve Contractor of liability for the obligations assumed under this
Contract or for any faulty or defective work or services discovered after the Final Payment. Contractor shall
include the terms of this Paragraph 7.3.2 in its agreement with all of its subcontractors and suppliers.
7.3.3 Payment by Owner to Contractor of any sums due pursuant to this Contract does not constitute or imply
acceptance of any portion of tl�e Work.
7.3.4 Prior to Final Payment, and as a condition precedent thereto, Contractor shall furnish Owner with the
following:
73.4.1 All operating,safety and maintenance manuals;
73.4.2 Marked sets of the construction documents reflecting "as builY' conditions; including the
location of any concealed utilities,mechanical or electrical systems and components;
7.3.4.3 An assignment and/or transfer of all guaranties and warranties from subcontractors, vendors,
suppliers and manufacturers;
73.4.4 A list of the names, addresses and phone numbers of all subcontractors and other persons
providing guazanties or warranties;
7.3.4.5 An Affidavit of Payment and a duly executed Final Payment Certification, Release and Lien
Waiver (see Exhibit T) from all of Contractor's subcontractors, suppliers or sub-tier
subcontractors or suppliers who may have or claim to have valid lien rights in accordance with
the law;
7.3.4.6 All pernuts, including, but not limited to, municipality controiled inspections, certificates of
occupancy,certificates of completion or similar certification,all licenses and pernuts necessary
for use,occupancy or maintenance of the Project;and
73.4.7 Certification of any other item or materiai and any other document reasonably requested by
Owner.
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7.4 Taxes
7.4.1 The rates or prices stated in this Contract, including the Guaranteed Ma�cimum Price proposal have been
prepared by Contractor and make no provision for any amounts relating to sales, consumer,use and similar
taxes or duties payable with respect to this Contract. Any taxes,duties or other similaz amounts eligible shall
be paid by Contractor when due,but shall be reimbursed by Owner when invoiced by Contractor,in addition
to any amounts due under the Guaranteed Ma�timum Price and in the Contract Sum pursuant to Section 2.4,
with no deductions or penalties to be assessed against amounts otherwise due to Contractor under this
Contract. The City will issue a tax exempt certificate for the Contractor covering all such t�es for this
Project promptly after the execution of this Contract.
8. INDEM1vITY AND LIMITATION OF LIABILITY
8.1 Indemnity from the Contractor. To the maximum extent permitted by law, Contractor agrees to save, indemnify, and
hold ham�less Owner and its affiliates, employees, officers, agents, successors and assigns (collectively, the "Owner
Indemnified Parties")from and against any and all liability,claims,actions,losses,damages,costs,expenses,including
reasonable attomeys' fees,or demands arising(i)from injuries or death of persons(Contractor's employees included)or
damages to property related to this Contract, the Project or the Work, (ii) directly or indirectly out of an default of
Contractor of the obligations herein undertaken, or(iii) directly or indirectly from the negligent performance of, or
willful misconduct in perfornung,the Work by Contractor,including without limitation those arising in whole or in part
by reason of any negligent act or omission of Contractor or any of its agents, employees, subcontractors or suppliers
related to this Contract,the Project or the Work, save and except for that portion of any liability, claims, actions,loss,
damages,costs,expenses or demands arising as a result of the negligence or willful misconduct of Owner Indemnified
Parties,and will reimburse Owner Indemnified Parties for any loss,damages,costs and expenses,including reasonable
attomeys' fees and litigation costs (including fees and expenses of consultants and/or expert witnesses), incurred
by Owner Indemnified Parties in responding to all such claims,actions or demands. If requested by Owner,Contractor
shall defend any such suits at the sole cost and expense of Contractor.
8.2 Indemnitv from the Owner. To the maximum extent pernutted by law, Owner agrees to save, indemnify, and hold
hannless Contractor and its affiliates,employees,officers,agents, successors and assigns(collectively,the"Contractor
Indemnified Parties")from and against any and all liability,claims,actions,losses,damages,costs,expenses,including
reasonable attorneys' fees, or demands arising (i) from injuries or death of persons (Owner's employees included)or
damages to property related to this Contract, the Project or related work, (ii) directly or induectly out of default by
Owner of the obligations herein undertaken, or (iii) directly or indirectly from negligent performance of, or willful
misconduct in perfomung, any work performed by the Owner or its agents or contractors (excluding Contractor),
including without limitation those arising in whole or in part by reason of any negligent act or omission of Owner or any
of its agents, employees, subcontractors or suppliers (excluding Contractor) related to this Contract, the Project or
related work,save and except for that portion of any liability,claims,actions,loss,damages,costs,expenses or demands
arising as a result of the negligence or willful misconduct of Contractor, and will reimburse Contractor for any loss,
damages,costs and expenses, including reasonable attomeys' fees and litigation costs(including fees and expenses of
consultants and/or expert witnesses), incurred by Contractor in responding to all such claims, actions or demands. If
requested by Contractor,Owner shall defend any such suits at the sole cost and expense of Owner. Any owner liability
shall be subject to the liability limits for political subdivisions set forth in Section 537.610 of the Revised Statutes of
Missouri (the "Statutes"), and shall be paid solely from the proceeds of the City's liability insurance covering that
occurrence.
8.3 Intentionally Omitted.
8.4 Limitation of Contractor's Liability. CONTRACTOR'S LIABILITY TO OWNER FOR ANY CLAIM,ACTION, OR
DEMAND,ARISING FROM OR RELATING TO THIS CONTRACT OR THE PERFORMANCE HEREOF,UNDER
ANY LEGAL THEORY, WHETHER IN CONTRACT, TORT, INDEMMTY OR OTHERWISE, SHALL NOT
EXCEED THE LIMITS OF INSURANCE COVERAGE WHICH ARE SET FORTH IN SECTION 10.L Tf�IS
LIMITATION OF LIABILITY SHALL NOT APPLY FOR WILLFUL,FRAUDULENT OR GROSSLY NEGLIGENT
ACTS OF CONTRACTOR OR ITS AGENTS. THIS LIMITATION OF LIABILITY ESTABLISHES ONLY THE
MAXIMLTM AMOUNT OF CONTRACTOR'S LIABILITY PER CLAIM, ACTION OR DEMAND, IS NOT AN
AGGREGATE LIMIT OF CONTRACTOR'S TOTAL LIABILITY TO OWNER UNDER THIS CONTRACT,AND IS
NOT DEPENDENT UPON WHETHER COVERAGE EXISTS IN WHOLE OR IN PART FOR ANY LOSS OR
LIABILITY iJNDER ANY POLICY.
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9. RECORDS
9.1 Retention. Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper
financial management under this Contract. Contractor shall also keep all documents associated with the Work and the
performance of this Contract. Contractor shall preserve these records for a period of three years after Final Payment,or
for such longer period as may be required by law. In the event that any portion of the compensation to be paid to
Contractor is to be paid on a time and materials basis ar a cost reimbursement basis, Owner may audit Contractor's
records to determine whether Contractor has properly invoiced Owner for the Wark performed.Access to Contractor's
records relating to the Project shall be as provided in Section 2.4.12.
9.2 Ownership of Intellectual Pronertv Owner and Contractor each shall be deemed the owner of the design and
engineering for the Project and each shall retain all common law, statutory and other reserved rights, including
copyrights. Owner and Contractor may each use the design and engineering developed pursuant to this Contract on
other projects without the consent of the other. Owner and Contractor shall not diwlge or use such technical
information,inventions,or confidential information received from the other except as necessary to perform,maintain or
repair the Work.
10. INSURANCE AND BONDS
10.1 Contractor agrees at all times during this Contract to maintain in full-force and effect at least the following insurance
coverages as provided by Section 537.610 RSMo:
R'orkers'Compensation
Coverage A Statutory
Coverage B-Employers Liability $1,000,000 each Bodily Injury by Accident
$1,000,000 policy limit Bodily Injury by Disease
$1,000,000 each occurrence Bodily Injury by Disease
Automobile Liability
Bodily Injury/Property Damage $2,734,567
Combined-Single Limit Coverage is to apply to all owned, non-owned, hired and leased
vehicles
Commercial General Liability
Bodily Injury/Property Damage $2,734,567 each occurrence
$2,734,567 general aggregate
Combined-Single Limit $2,734,567 products/completed operations aggregate
Excess✓Umbrella Liability
Bodily Injury/Property Damage $5,000,000 each occurrence and general aggregate
Professional Liability/Errors&Omissions
Insurance
"claims made"coverage $2,000,000 per occurrence
$4,000,000 annual aggregate
Builder's Risk $9,000,000,or for the full value of the construction contract
10.2 All such insurance policies will be primary without the right of contribution from any other insurance coverage
maintained by Owner. Owner shall be shown as additional insureds on all policies except the Workers' Compensation
policies. The fact that insurance is obtained by Contractor shali not release or diminish the liability of Contractor,
including liability under the indemnity provisions of this Contract. Contractor agrees to waive any and all rights of
subrogation it may have against Owner by virtue of any claims that may arise as a result of the Work,and Contractor
also agrees to obtain a waiver of subrogation in favor of Owner from its insurance carrier(s).
10.3 All policies required herein shall be written by insurance carriers with a rating of A.M. Bests of at least"A-" and a
financial size category of at least VIIL Insurance certificates evidencing the above requirements shall be furnished by
Contractor to Owner before commencing the Work and provide for not less than 30 days prior notice to Owner of any
cancellation or non-renewal of the policies. In addition,the following requirements apply:
10.3.1 The Commercial General Liability policy must include Contractual Liability coverage specifically covering
Contractor's Indemnification of Owner.
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10.3.2 Any liability policy shall also contain a Cross Liability/Severability of Interests provision assuring that the
acts of one insured do not affect the applicability of coverage to another insured.
10.4 Contractor will ensure that each Subcontractor obtains and maintains during the course of the Project insurance
coverage which,in the reasonable judgment of Contractor,is sufficient to cover each Subcontractor's operations on the
Project.
10.5 Performance,Pavment,Other Bonds
10.5.1 Pavment or Performance Bonds. Contractor will provide Owner with payment and performance bonds, and
such other bonds as Owner may request, in an amount equal to the Contract Sum naming Contractor as
Obligor and Owner as Obligee and containing requirements in accordance with the terms of this Contract.
Such bonds shall be on a form and with a surety company approved by Owner. The cost of the premium shall
be paid by Contractor.
11. WARRANTIES
11.1 Contcactor Warrantv. Notwithstanding anything to the contrary in this Contract, Contractor warrants that all of the
Work shall be done in a first class, workmanlike manner and in accordance with the Contract with new, quality
materials and further warrants all work and materials against defects in the material or the workmanship for a period of
one(1)year from the date of final acceptance of the City of Cape Girardeau City Council,unless stated otherwise in this
Contract(the"Warranty Period"). With respect to the Design Documents and any portion of the Work performed by
Licensed Professionals, the Contractor and Licensed Professionals warrant that they shall perform their services
consistent with the professional skill and care ordinarily provided by professionals practicing in the same or similar
locality under similar circumstances. The Contractor and Licensed Professionals shall perform their services as
expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. Within the
Warranty Period,and within a reasonable time after written notice of the discovery of a defect or deviation,Contractor
shall remedy and repair same and any damage to other work resulting therefrom in a manner that does not substantially
interfere with Owner's operations. Notwithstanding an}rthing to the contrary in this Contract, the Warranty Period for
any and all materials warranties are limited to the terms of the warranty as provided by the manufacturer.
11.2 Warrantv Deficiencies. Contractor agrees to meet with Owner at least fifteen(15),but not more than thirty(30),days
prior to the expiration of one(1)year from the start date of the commencement of the Warranty Period for a warranty
inspection of the Work. All warranty deficiencies not caused by Owner shall be noted and the list of deficiencies shall
be given to Contractor. Contractor agrees to correct all such deficiencies to which Contractor reasonably accepts and
agrees within thirty(30)days after the date of the meeting. If the deficiencies that Contractor accepts and agrees are not
timely corrected, Owner may hire an independent contractor to do the work and shall be reimbursed promptly by
Contractor for all costs thereof. If any deficiency that Contractor accepts and agrees cannot,with reasonable diligence,
be corrected within thirty(30)days,Contractor agrees to set forth in writing a reasonable schedule for completion of the
work. If the schedute is not met,Owner may immediately upon notice to Contractor,complete the work and be entitled
to prompt reimbursement from Contractor for all costs thereof.
113 Subcontractor Wananties. Contractor shall cause all of the subcontractors and sub-subcontractors to execute and deliver
to Owner upon completion of the Work a written warranty covering all work performed by such subcontractors and sub-
subcontractors. Such warranty shall be for at least the same period of time as Contractor's warranty to the Owner and
begin at the date of Substantial Completion or the date the warranted item was placed into service,whichever is earlier,
uniess the warranty is a materials warranty and, in such event, all materials warranties aze limited to the terms of the
warranty as provided by the manufacturer. All watranties included in or as part of the Project and supplied to
Contractor shall be assigned to Owner. Those subcontractors required to supply warranties to Owner include,but aze
not limited to: electricians,welders,roofers,HVAC suppliers and installers.
12. CLAIMS,DEFALTLT AND TERMINATION
12.1 Claims
12.1.1 A claim is a demand or assertion by Contractor seeking, as a matter of right, the payment of money, or an
extension of time or other relief with respect to the terms of this Contract(hereinafter"Claim").Written notice
of a Claim for an increase in the Contract Sum or for an extension of time must be given to Owner's
Representative by Contractor within twenty (20) calendar days after occurrence of the event giving rise to
such Claim. Claims must be made by written notice which shall describe the Claim with reasonable
specificity. Failure to give notice in the manner and within the time specified in this paragraph shall constitute
21
a waiver of the Claim by the Contractor. Contractor shali bear the burden and responsibility of substantiating
Claims. Pending final resolution of a Claim,unless otherwise agreed to in writing by Owner,Contractor shall
proceed diligently with performance of this Contract and Owner shall continue to make payments in
accordance with this Contract. Claims not resolved between the parties shall be resolved by litigation as
provided in Section 14.
12.2 Default
12.2.1 Default bv Contractor. Should the Contractar(a)become insolvent or make an assignment for the benefit of
creditors; (b) refuse or fail to supply enough properly skilled workers or proper materials to complete the
Project;(c)refuse to diligently prosecute the Work;(d)fail to make payments to subcontractors for material or
labor in accordance with the respective agreements between the Contractor and subcontractors through no act
or omission of Owner,unless a valid dispute exists between Contractor and a subcontractor over the amounts
due to the subcontractor;(e)disregard the law;and/or(�breach or violate the terms,conditions,provisions or
obligations of this Contract,Contractor shall be deemed in Default of this Contract.
12.2.2 Remedies. If Contractor fails within ten (10) days after written notification of Default from Owner to
commence and continue satisfactory correction of the Default with diligence and promptness until completion
(which may reasonably require greater than said ten (10) days to cure the Default), then Owner, without
prejudice,shall in its reasonable discretion have the right to exercise any and all legal and equitable remedies
available inciuding but not limited to:
12.2.2.1 supply workers, materials, equipment and facilities as Owner deems necessary for the
completion of the Work or any part which Contractor has failed to complete or perform, and
charge the reasonable cost, inciuding reasonable overhead, profit, attorneys' fees, costs and
expenses to Contractor;
12.2.2.2 contract with one or more additional contractors to perform such part of the Work as Owner
determines will provide the most expeditious completion of the Work, and charge the
reasonable cost to Contractor;
12.2.2.3 withhold any payments due or to become due Contractor pending corrective action in amounts
reasonably sufficient to cover losses and compel performance to the extent required by and to
the satisfaction of Owner;and/or
12.2.2.4 terminate this Contract.
12.23 Upon termination of this Contract,all Work in progress,including ali design and engineering associated with
the Work, shall become the property of Owner; provided, however, that this section shall be subject to the
provisions of Section 9.2. Contractor shall immediately release all such Work in progress to Owner. Owner
may also take possession of the Project site and of all materials and equipment(but specifically excluding all
tools, materials, construction equipment and machinery thereon owned by Contractor) and may finish the
Work by whatever reasonable method Owner deems expedient. Contractor shall not be entitled to receive
further payment until the Work is Substantially Complete. If the unpaid balance of the Contract Sum exceeds
the cost of fully completing the Work, such excess shall be paid to Contractor, less ten percent(10%)which
shall be retained by Owner. If after Owner exercises commercially acceptable efforts to ensure that the cost
will not exceed the Contract Sum, the Contractor shall pay the difference to the Owner within fifteen (15)
days of receipt of a written demand for payment from the Owner.
12.3 Ternunation or Susnension
123.1 Without Cause. Owner may,without cause, order the Contractor, in writing, to suspend, delay, interrupt or
temunate the Work in whole or in part for such period as the Owner may determine. In the event Owner
suspends or terminates the Work under this Paragraph,Contractor shall be entitled to recover from the Owner,
as its sole remedy,payment for the cost of the Work properly performed in connection with the suspended or
terminated portion of the Work and related Contractor's Fee prior to the effective date of suspension or
ternunation and for items properly and timely fabricated or partially fabricated off the Site including finished
goods and work in progress of subcontractors and suppliers, delivered and stored in accordance with the
Owner's instructions,as well as actual costs for demobilization. The Contractor hereby waives and forfeits all
other claims for payment and damages for the uncompleted portion of the Work,including,without limitation,
22
anticipated profits. The Owner shall be credited for (i) payments previously made to Contractor for the
temunated portion of the Work, (ii) reasonable claims that the Owner has against the Contractor under the
Contract, and (iii) the disposition value of the materials, supplies, equipment or other items that are to be
disposed of by the Contractor that are part of the Contract Sum.
12.3.2 Equipment and Subcontracts. Owner shall also pay Contractor fair compensation,either by purchase or rental
at the election of Owner,for any equipment owned by Contractor that Contractor and Owner agree that Owner
may retain. To the extent that Owner elects to take legal assignment of subcontracts and purchase orders
(including rental agreements), as provided in Section 5.4, Contractor shall, as a condition of receiving the
payments referred to in this Contract, execute and deliver all such papers and take all such steps as Owner
may require for the purpose of fully vesting in the Owner the rights and benefits of Contractor under such
subcontracts or purchase orders.
12.3.3 Intentionally Omitted.
123.4 Owner InsQections and Ri�ht to Stop the Work. Owner's Representative or his/her delegate shall have the
right to inspect the Work,whether at the Site or at the Contractor's or a subcontractor's facility,at any time
during the course of the Work. Owner may reasonably reject any aspect of the Work which does not conform
to the Contract. If Contractor fails to correct defective work or fails to supply materials or equipment in
accordance with this Contract, Owner may order Contractor to stop the Work until it is corrected and
Contractor shall not be entitled to an extension for time. Owner also has the authority to stop the Work for the
purpose of performing special inspections or testing of the Work. Should any work be found faulty as a result
of special inspections or tests, Contractor shall repair the Work immediately and pay the fees for said
inspections or tests and Owner and shall grant an appropriate extension of time to Contractor. Should tUe
Work be satisfactory, Owner will bear such costs and will a ant the appropriate extension of time to
Contractor.
13. NOTICES
13.1 All notices to be delivered under this Contract shall be in writing, signed by the parties serving same and delivered
personally or by registered or certified U.S. Mail postage prepaid, or by reputable private delivery service postage
prepaid and providing a receipt to sender. Each such notice shall be deemed delivered upon actual delivery or refusal or
forty-eight(48)hours after mailing whichever is earlier to the pertinent address as set forth below.
Notices shall be addressed as follows:
To Owner: City of Cape Girardeau
401Independence
Cape Girardeau,MO 63701
Attention: Anna Kangas,Building&Code Enforcement Manager
With Copy to:Molly Hood,Deputy City Manager
To Contractor: Kiefner Brothers,Inc.
1459 N Kingshighway
Cape Girardeau,MO 63701
Attention:Thomas Kiefner,President
14. MISCELLANEOUS PROVISIONS
14.1 This Contract is not assignable by Contractor without the prior written consent of Owner which consent shall not be
unreasonably withheld, in its sole and absolute discretion, and Contractor shall not factor or pledge this Contract.
Owner may assign this Contract, without the consent of Contractor, to its parent, affiliates, subsidiaries, and the
affiliates or subsidiaries of Owner's parent or secured lenders,or to any party who succeeds to the Owner's interest in
the Project,provided that the assignee is sufficiently capitalized.
14.2 No right or remedy conferred upon or reserved to a party in this Contract is intended to be exclusive of any other right
or remedy herein or by law provided,but each shall be cumulative and in addition to every other right or remedy given
herein or now or hereafter existing at law or in equity.
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143 In the event of any inconsistencies within or between parts of the Contract, including the Contract Documents, or
between the Contract and applicable laws,the Contractor shall(i)provide the better quality or greater quantity of Work,
or(ii)comply with the more stringent requirement;either or both in accordance with Owner's reasonable interpretation.
14.4 In the event any provision of this Contract is found to be invalid or unenforceable,the remainder of this Contract shall
continue in full force and effect.
14.5 This Contract shall be governed by and construed in accordance with the laws of the State of Missouri. The parties
irrevocably consent to the jurisdiction of the federal and state courts situated in the state where the Project is located and
agree that any lawsuit arising out of or related to this Contract shall be brought only in such courts. The parties hereby
waive any claim that any proceedings brought in such courts have been brought in an inconvenient forum.
14.6 Owner and Contractor hereby irrevocably waive any right to a trial by jury in any legal proceedings or to have a jury
participate in resolving any disputes or claims,whether any such disputes or claims relate to or arise in contract,tort or
otherwise, whether in respect to the Contract or any other documents or instruments delivered in connection with the
Contract.
14.7 Contractor hereby warrants, and covenants that (i) Contractor does not and will not during the course of the Work
discriminate against any employee or applicant for employment based on race,color, sex,national origin,religion,age
handicap,or other unlawful basis,and(ii)Contractor and all of its subcontractors,consultants and suppliers aze and will
be properly licensed and pernvtted with all governmental authorities having jurisdiction.
14.8 The parties expressly agree that this Contract was jointly drafted, and they both had opportunity to negotiate its terms
and to obtain the assistance of counsel in reviewing its terms prior to execution. Therefore, this Contract shall be
construed in a neutral manner.
14.9 Indenendent Contractors. The relationship of the parties shall be that of independent contractors. Nothing herein shall
be construed as to creating a partnership ar joint venture between the Owner and the Contractor or creating liability on
the part of one party for any act or omission of the other.Contractor shall have entire charge,control,and supervision of
the Work as set forth in this Contract,and Owner shall not in any manner be answerable or accountable for any violation
of law, or for any injury or damage occasioned by Contractor's negligence, or of any in its employ, to any person or
their properties.
1410 Owner shall have the right to let other contracts in connection with the Work pursuant to the provisions of this Contract
to the extent such contracts do not conflict with or include Work to be completed by Contractor, and Contractor shall
properly cooperate with any such other contractors in furtherance of the Work;however Contractor shall not be relieved
hereunder by any subcontract or similar agreement for the Work which Contractor remains responsible, and provided
further that Contractor shall not be responsible for the negligence,wiilful misconduct,or other acts or omissions of the
third parties to which Owner lets other contracts in connection with the Work and shall be indemnified and held
harmless therefrom.
14.11 Payments due and unpaid to Owner or Contractor under this Contract for a period of thirty (30) days after written
demand shall bear interest from the date payment was due at the rate of one percent(1%)per annum in excess of the
Prime Rate.
14.12 The Owner represents and warrants to Contractor that Owner is financially solvent,able to pay its debts as they mature
and is possessed of sufficient capital to perform its obligations hereunder.
14.13 Entire Agreement. This Contract represents the entire agreement between the parties and supersedes all prior or
contemporaneous written or oral communications with regard to the Project. 1'his Contract may be amended or
modified only by an instrument in writing signed by a duly authorized representative of both Owner and Contractor.
This Contract shall not be construed to create a contractual relationship of any kind between any persons or entities
other than Owner and Contractor. Notwithstanding any other provision herein,all subcontracts shall be in writing and
sball specifically provide that the Owner is an intended third party beneficiary of such subcontract.
14.14 Attornev's Fees. In the event of any controversy arising hereunder or relating to the interpretation or implementation of
this Contract or any breach thereof, the prevailing party shall be entitled to payment for all reasonable costs and
attomey's fees(both trial and appellate)incurred in connection therewith.
14.15 Severabilitv. The invalidity, in whole or in part, of any provision of this Contract will not affect the validity of any
other provision of this Contract.
24
14.16 Captions. The captions contained in this Contract are for convenience and reference only and in no way define,
describe,extend or limit the scope or intent of this Contract or the intent of any provision contained in this Contract.
14.17 Counterparts. This Contract may be executed in one or more counterparts each of which shall be deemed an original
and all of which shall be deemed one and the same agreement.
14.18 Waiver. The waiver by either party of any failure on the part of the other party to perform in accordance with any of the
terms or conditions of this Contract shall not be construed as a waiver of any future or continuing failure, whether
similar or dissimilar thereto. Except as otherwise expressly provided herein,no waiver of any right shall be implied by
any delay by a party in enforcing or acting under such right. Waivers shall be effective only if specifically set forth in
writing signed by the party to be charged with such waiver.
14.19 This Contract is binding upon the parties,their heirs,successors and approved assignees.
14.20 Remedies Cumulative. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be
cumulative with all other remedies at law or in equity.
IN WITNESS WHEREOF the parties hereto have, by and through their duly authorized officers in that regard, made
and executed this Contract e date first written above.
SIGNED and DEL RED ,
� TCTF.FNF.R RRnTTiF.RS� TNC_
By: wner By: Contractor �
Its:
a Its: �..
Thorias B. Rie , President
.�,,,,,
Date: �� 01-2 -!� Date: F-1 (1-1 F ,``.��{j�A�,.,.,
�a� .• ���a� "!
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25
EXHIBIT A
SCOPE OF WORK (15t Draft)
Professional Design Services for the planned new Police Department/Courts facility(Project)to be
located at 2530 Maria Louise Ln in Cape Girardeau, Mo. The New Police Department/Courts facility will
consolidate the Police Department, Municipal Court, and Court Administration into one location for more
efficient delivery of services and operations.
The Capital Improvement Plan has allocated $11 M Total Project Budget(Hard and Soft Costs)for the
development of the New Police DepartmenUMunicipal Court.
The current project schedule, predicated on a Council approval of Guaranteed Maximum Price date of
June 6"', 2017 is for the delivery of completed construction documents on X�CXXXX, 2016. It is
anticipated that final completion of the Project will be Feb 2"d, 2018 (substantial completion)with
occupancy on or around March 2"d, 2018.
The following is an outline of the Scope of Design Services which Chiodini Architects proposes to provide
to the City during the Design and Construction phases of the project.
DESIGN SERVICES PROPOSAL:
PROJECT DISCIPLINES TO BE PROVIDED BY CHIODINI ARCHITECTS:
. Architectural and Interior Design
• Civil Engineering
o Storm sewer plans, profiles, computations, and drainage area maps are on-site only, in
coordination with the existing Justice Center development.
o Sanitary sewer plans and profiles are on-site only, in coordination with the Justice
Center development.
o Design services for any offsite improvements to the receiving storm and/or sanitary sewer
systems are not included.
• Structural Engineering
• Mechanical, Electrical, Plumbing, Fire Protection
and Technology Engineering
o Detailed cost estimating for mechanical, electrical, plumbing, technology, and low voltage
systems at 25%, 50%, and 95%complete Design Documents. Review of and
coordination with building, structural, and civil cost estimates produced by Kiefner
Brothers, Inc.
o Low Voltage Design
■ Audio Visual Systems
• Municipal Court(multi-purpose)
• Training/Community Room
• Briefing Room
• One(1) Conference Room `Model'for A/V, Technology—model can be
repeated in multiple conference or meeting rooms.
■ Telecom and Data (Backbones, Racks, Pathways, Cooling, and Jacks)
. Wiring and Active Components by City of Cape Girardeau
■ Building and Site Security System
o No LEED Certification
• Landscape Architecture
• Code Analysis and Coordination with Agencies having Jurisdiction
• Furniture, Fixtures, and Equipment
o Existing Furniture Inventory
o Furniture Planning and Selection
o Furniture Cost Estimating
o Furniture Procurement via City of Cape Girardeau's Cooperative Vendor Agreement
• Coordination with Services/Disciplines supplied by City of Cape Girardeau
PROJECT DISCIPLINESISERVICES TO BE PROVIDED BY OTHERS:
(Chiodini Architects to provide coordination with these services.)
• Site Survey
• Geotechnicallnvestigation
Scope of Work Matrix Responsibility � Notes: ^� � �
(Architect,City,
or Not Provided
—N/P
Pro ammin Architect Basic Services
Multi le reliminary designs Architect Basic Services
Measured drawings N/P
Existin facilities surveys N/P
Multiple Site Evaluations and Plannin N/P Sin le Site
Buildin information modeling—Revit Architect Basic Services
Site Surve `'`'�
Civil en ineering Architect $asic ServiCes
Landsca e design Architect Basic Services
Architectural Interior Desi n Arch'ttect Basic Services
Value Analysis Architect Basic Services
Mechanical,Electrical,Plumbing,
Fire Protection,Technolagy,and
Detailed cost estimating Architect Low Vo ltage Systems(25%,50%,
and 95/o complete Design
Documents
N/P
On-site ro'ect re resentation N/P
Conformed construction documents N/P
As-Desi ed Record drawin s N!P
As-Constructed Record drawin s N/P
Post occu anc evaluation N/P
Facili Su ort Services N/P
Tenant-related services N!P
Architect Backbone,Racks,Pathw�ys,
Coordination of Ci 's consultants Coolin and 3acks
Telecommunications/data design Owner Wirin and Acriv�Com nents
Architect
Securi Evaluation and Plannin N/P ��el.??
Commissionin Nn'
Extensive environmentall res onsible desi N/P
LEED�Certification N/P
Fast-track desi n services Ar+chitect Basic Services
Historic Preservation N/P
Furniture,Furnishin s,and E ui ment Desi n Architect Basic Sez'vices
RadiofDis aich S stem Desi N/4' ???
Fuelin S stem Desi NfP
Plannin &Zonin N/P �l��zt wi11 t�e re uired??
Environmental Abatemern N/P
Traffic StudiesfSi al D ' NIP
Geotechnicallnvesti 'on `'`�''`�
Esse�tiai Services Criteria-Strrictural Arehitect Basic Services
CONSTRUCTION SERVICES
Kiefner Brothers, Inc.will provide all necessary labor,material,equipment and other resources as required to
construct the aforementioned police station/jail/municipal court.This shall include all site development and
necessary utilities to deliver to the City of Cape Girardeau a"turnkey",functioning facility. All required on-site and
off-site supervision and management shall be furnished to insure proper coordination amongst the subcontractors
and trades,and,to ensure proper work flow and sequencing to maintain the schedule.Kiefner Brothers,Inc.will
perform cost estimates at the conceptual,schematic,design development and construction docwnent level in order to
check and maintain the budget.
EXHIBIT B
COMPENSATION FOR SCOPING PHASE SERVICES
SCOPING PHASE SERVICES
Following is an outline of the Scoping Phase Services which Kiefner Brothers, Inc./Chiodini
Architects proposes to provide for the new Cape Girardeau Police Department/Municipal Court
project. The following phases and tasks will be perFormed in coordination with the City of Cape
Girardeau and its representatives.
PHASE I: SPACE&OPERATIONAL PROGRAMMING
A. SPACE&OPERATtONAL PROGRAMMING—Conduct existing and future space and operational
assessment; including current and projected square footages and staffing levels.
B. REVIEW AND VET PREVIOUS SPACE PROGRAMMING—Review and vet previous programming
efforts in relation to new space and operational assessment conducted.
C. STAKEHOLDER INTERVIEWS—Conduct stakeholder interviews relative to vetting of previous
programming efforts and development new Police Department/Municipal Court space and
operational needs.
D. DEVELOPMENT OF SPACE NEEDS ASSESSMENT—Development, review, refinement, and approval
of Space Needs Assessment. Develop high level cost
estimates based on square footage cost projections relative to the Final Space Needs Assessment
for City, Police department and Courts approval.
PHASE II: CONCEPT DEVELOPMENT
A. SITE AND BUILDING CONCEPT DEVELOPMENT—Based on the City, Police Department, and
Court's approval of the Space &Operational Needs Assessment and cost estimate (Phase I),
prepare Conceptual Development Documents of site and building concepts for review and
refinement with City, Police Department,and Courts representatives.
B. CODE,ZONING & LIFE SAFETY REVIEW—Review of approved Conceptual Design with agencies
having jurisdiction for compliance with governing codes and ordinances.
C. PROJECT BUDGET&SCHEDULE—Review and refine the high level Conceptual cost estimate
based on square footage cost projections relative to Concept Development for City approval.
PHASE III: SCHEMATIC DESIGN
A. SCHEMATIC DESIGN—Based on the City's approval of the Phase II Site and Building Concept
Development Documents, Project Budget,and Project Schedule; Chiodini Architects will prepare
Schematic Design Documents which consist of drawings which illustrate the scale and
relationship of project components, and the character of the building exterior and interior. The
documents will consist of scaled floor plans,site development plans, and exterior building
elevations. Documents will be both Revit/CADD based and hand drawn.
B. STRUCTURAL ENGINEERING—Preliminary design determination of structural system; based on
topographic,geotechnical information, and approved Conceptual Design and approved
Conceptual Design Budget. Perform test borings and other geotechnical investigation as
necessary to assist the structural engineers with preliminary foundation design.
C. MEP/FP&T ENGINEERING SYSTEMS DESIGN—Preliminary design determination and detailed
cost estimate (25%complete Design Documents)of inechanical,electrical, plumbing,fire
protection,technology,and low voltage engineering systems based on approved Conceptual
Design and approved Conceptual Design Budget.
D. FF&E—Develop preliminary FF&E Scope and Budget.
E. CODE,ZONING &LIFE SAFETY COMPLIANCE—Review of approved Schematic Design with
agencies having jurisdiction for compliance with governing codes and ordinances.
F. PROJECT BUDGET&SCHEDULE—Development and review Schematic Design Cost Estimate (25%
complete Design Documents) and project schedule. Review and refine, as required,for City,
Police Department,and Court's approval.
The fees for the Scoping Phase Services as defined in this Exhibit shall be a lump sum of$ TBD
E�3[IBIT C
O'WIVER'S�]P120V�OF I)IESIGI�T l)OCYTIVIlE1�TS
OWNER:. (the"Owner")
CONTRACTOR: Kiefner Brothcrs,Inc. (the"Contractor")
CONTRACT:Agreement for Professional and Construc6on Services(the"ContracN')
DATE OF CONTRACT:
CONTRACT NO.:
PROJECT: (the"ProjecN')
DATE OF DESIGN DOCUMENTS: (the"Design Docaments")
The Contractor hereby verifies that it has submitted a complete set of Design Documents,staroped with the date listed above,for
the Oumer's review and approval pursuant to Section 2.2.1 of the Contract. The Contractor represents that to the best of its
Imowledge, information and belief the Desib Documents: (i) aze consistent with the Contract Documents, (ii) comply with
applicable industry and professional practice standuds, and (iii) comply with applicable laws, ordinances, codes, mles and
regulations�overning the design of the Project;and acla►owledges(b)that the Owner and their consultants shall be entitled to rely
upon die accuracy of the representations contained herein.
The Owner, by signing below, hereby verify that they l�ave reviewed and approved the Design Documents submitted by the
Contractor pursuant to Section 2.2.1 of the Contract and t6at the Design Documents comport with the Owner's Program, the
intended scope of Work,and the parameters of the Project.By executing this approval,[he Owner is not verifying that the Design
Documents compiy with the Contract Documents, industry and professional practice standards or applicable laws, ordinances,
codes rules and regulations governing the Project.
CONTRACTOR:
Date:
PI2INT NAME:
PRINT TTTLE-
OWNER:
Date-
PRINf NAME:
PRINT TITLE-
.E=��. :"�+.�+.',:�:�c.� �c".,' �:j'�'`�?�L�S,vta %��.�Ss�. �4z .�az-t _.a..,;..�>a.-�.-�..�-ti.`'.e:`: �.?g
�.�''�.' s .,'��� �i�.`����.�?�?," .��� � � .�.'e`�'�"� At,`'•a"�.
2g
EXHIBIT D
COMPENSATION FOR DESIGN PHASE SERVICES
PHASE IV: DESIGN DEVELOPMENT
A. DESIGN DEVELOPMENT — Based upon the City, Police Department, and Court's
approval of the Phase III Schematic Design Documents, Project Budget and Project
Schedule; Chiodini Architects will prepare Design Development documents
consisting of Revit/CADD base drawings and outline specifications that illustrate and
describe the development of the approved Schematic Design Documents and shall
consist of drawings and other documents describing the size and character of the
Project exterior and interior in detail. These documents will consist of plans,
sections, elevations, and typical construction details representing 30% of
Construction Documents by Chiodini Architects and its engineering consultants.
B. STRUCTURAL ENGINEERING — Design Development level determination,
illustration, design, coordination, and development of project structural system
based on approved Schematic Design and approved Schematic Design Budget.
C. MEP/FP � T ENGINEERING SYSTEMS DESIGN — Design Development level
determination, illustration, design, coordination and detailed cost estimate (50%
complete Design Documents) of inechanical, electrical, plumbing, fire protection,
technology, and low voltage systems based on approved Schematic Design and
Schematic Design Budget.
D. CODE, ZONING 8� LIFE SAFETY COMPLIANCE — Finalize review of approved
Design Development Documents with agencies having jurisdiction for compliance
with governing codes and ordinances.
E. MATERIALS/FINISHES 8� FF&E — Initial selection, review, and refinement of
Interior colors, materials, finishes, furniture, and FF&E Budget for City approval.
G. PROJECT BUDGET 8� SCHEDULE — Coordinate with Kiefner Brothers, Inc. in the
development, review, and refinement of Design Development fevel Cost Estimate
(50% complete Design Documents) and project schedule. Review and refine, as
required, for City's approval.
PHASE V: CONSTRUCTION DOCUMENTS
A. CONSTRUCTION DOCUMENTS — Based upon the City, Police Department, and Court's
approval of the Phase VI Design Development Documents, Project Budget, and Project
Schedule, Chiodini Architects will prepare Construction Documents for the City's approval.
The Construction Documents shall consist of drawings and specifications setting forth in
detail the requirements for the bidding and construction of the project. The City and the
Architect acknowledge that in order to construct the project, the Contractor will provide
additional information, including Shop Drawings, Product Data, Samples and other similar
submittals for the Architects review.
B. STRUCTURAL ENGINEERING — Develop and coordinate Construction Document
level documents illustrating the development of the project structural system based
on approved Design Development documents and approved Design Development
Budget.
C. MEP/FP 8� T ENGINEERING SYSTEMS DESIGN — Devetop and coordinate
Construction Document level documents, and detailed cost estimate (95%complete
Design Documents) illustrating the development of the project mechanical,
electrical, plumbing, fire protection, technology, and low voltage systems based on
approved Design Development documents and Design Development Budget.
D. MATERIALS/FINISHES & FF�E— Review, refine, and finalize interior colors,
materials, finishes, and FF&E Bid Package and Cost Estimate; development of
Materials & Finishes boards of City approved final selections.
E. PROJECT BUDGET & SCHEDULE — Coordinate with Kiefner Brothers, Inc. in the
development, review, and refinement of Construction Document level Cost Estimate
(95% complete Design Documents) and project schedule. Review and refine, as
required, for City's approval.
F. PERMIT APPLICATION —Assist Kiefner Brothers, Inc. in the submittal of
Construction Documents to the authorities having jurisdiction over the project for
permitting.
G. BIDDING -Assist Kiefner Brothers, Inc. during bidding of Construction Documents
by attending the pre-bid conference to be coordinated and organized by Kiefner
Brothers, Inc., preparing responses to questions from prospective bidders and
providing clarifications and interpretations of the Bidding documents to all
prospective bidders in the form of addenda; and consider requests for substitutions
in coordination with Kiefner Brothers, Inc., if the Bidding Documents permit
substitutions, and prepare and distribute addenda identifying approved
substitutions to all prospective bidders.
The fee for Design Phase Services shall be a lump sum amount of$ TBD payable
monthly based on percentage of Design Work Completed.
EXHIBIT E
NOTICE TO PROCEED
Date:
Kiefner Brothers,Inc.
1459 N.Kingshighway
Cape Girardeau,MO 63701
OWNER: City of Cape Girardeau (the"Owner")
CONTRACTOR: Kiefner Brothers,Inc. (the"Contractor")
CONTRACT:Agreement for Professional and Construction Services(the"Contract")
DATE OF CONTRACT:
CONTRACT NO.:
PROJECT: (the"Project")
Dear
This is a Notice to Proceed with the Construction Phase for the above referenced project,effective as of the date of this letter,in
accordance with Section 23.1 of the Contract. Please sign below and return this to me to acknowledge your receipt of tl�is Notice.
I am loo}:ing forward to a successful project.If you have any questions or comments,please feel free to contact me.
Sincerely,
OWNER'S REPRESENTATNE
RECEIVED:
Date:
CONTRACTOR
PRINT NAME:
PRINT TITLE:
���„.Is:.�':<�:C3 t;'ai azb�,.?iS�'e.s v`'s_�`": .sT'�i.�' , 'i'C� «✓> .�mios.�a.�t =F: �';;Y
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30
EXHIBIT F .
D�ILY JLOG
Superintendent will fill out "Construction & Maintenance Daily Log" as
published by Safety Meeting Outlines, Inc. This is a bound book that is
logged in daily. It tracks basic duties performed, problem/delay issues,
subcontractor progress, work force, weather, equipment, and any extra work
. that may occur. This book will be used for documentation of progress at the
jobsite. Sample below. '
2 JUNE 20_ DAIIY LOG DAY
CONTRACTOR JOB NAME JOB NO.
Work Performed Today � Weather
Temp.AM__PM
Salely Meelfng
Work Force No.
Superfnlendenl �
Clerk
Bricklayers
Carpenters ,
Cement Masons
Electrfclans
Iron Workers
Laborers
Opereting Eng.
Plumbers
Pipe Fitlers
Sheet Metel
Tru�k Dflvers
Problems-Delays � .
Total
Sub-Contraetor Progress Equipment Hrs. �
Speeiai Assignments
MatedalPurchased
Extra Wark Authorized By Approx.Priee
Equipment Rented Today Hented From Rate
Supervisors Sfgnawre �
31
EXHIBIT G
AUTHOgtIZATIOleT FOR REIMBURSEMEIiTT
OF COSTS OF THE WORK
Date:
Kiefner Brothers,Inc.
1459 N.Kinashighway
Cape Girardeau,MO
OWNER: City of Cape Girardcau (the"Owner")
CONTRACTOR:Kiefner Brot6ers,Inc. (the"Contractor")
CONTRACT:Agreement for Professional and Construction Services(the"Contract")
DATE OF CONTRACT:
CONTRACT NO.
PROJECT: (the"Project")
Dear
Pursuant to Section?.4.17 or 2.4.4.2 of the Contract,whichever is applicable,the Owner hereby authorizes Contractor to incur
and to seek reimbursement&om Owner as a Cost of the Work the reasonable costs of
Sincerely,
OWNER'S REPRESENTATIVE
RECEIVED:
Date•
CONTRACTOR
PRINT NAME:
PRINT TITLE:
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32
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EXHIBIT I
CO1�TTI�ACTOR'S 1e10TICE OF SUBST�NTI�SL COI�I,ETIOlot
Date•
Kiefner Brothers,Inc.
1459 N.Kinoshighway
Cape Girardeau,MO
OWNER: City of Cape Girardeau (the"Owner")
CONTRACTOR: Kiefner Brothers,Inc. (the"Contractor")
CONTRACT:Agreement for Professional and Construction Services(the"ContracP')
DATE OF CONTRACT:
CONTRACT NO.:
PROJECT: (the"ProjecP')
Dear
Pursuant to Section 4.23.1 of d�e Contract,Contractor hereby notifies Owner that to the best of Contractor's l�owledge,
information and belief,the Work of the Contract is Substantially Complete as provided in Section 4.2.2 of the Contract,and
requests the Owner's Representative to meet Contractor at the Site, inspect the Work and review test results, if any,and
devetop a Punchlist.
Sineerely,
OWNER'S REPRESENTATIVE
RECEIVED:
Date•
CONTRACTOR
PRINT NAME:
PRIIVT TITLE:
�'��.ox...,....:,� .., .a._. �„�ts.'"'�c'°�%...w ,i�a �..i"i`�1.,"�t�.. a�.�;..: �z� .:L7.';,.,��;�....��j..t�:.:�. „��''re''
.�.vv� .,r_. ..as.�'�? .,,...a��'�.�E...._z.,� ..��•�..":. ;��.;m{.�e��'.��a3 u3:T: ,..a,.e�� :y:.�!,.,w....c�..J� �.'�.:<"'.'�.:.���..5.'..�%'`D .
34
EXHIBIT J
CERTIFICATE OF SUBSTANTIAL COMPLETION
OWNER: City of Cape Girardeau (the"Owner")
CONTRACTOR: Kiefner Srothers,Inc. (the"Contractor")
CONTRACT:Agreement for Professional and Construction Scrvices(the"Contract")
DATE OF CONTRACT:
CONTRACT NO.:
PROJECT: (the"ProjecP')
The Contractor hereby affirms that to the best of the Contractor's knowledae,information and belief,the Work performed under
the Contract is substantially complete. Substantial Completion is the stage in the progress of the Work when d�e Work is
sufficiently complete in accordance with the Contract Documents and verified by both Owner and Contractor,in oider that the
Owner can occupy or utilize the Project for its intended use. The date of Substantial Completion of the Project is the date of
issuance established by this Certificate.
The Owner hereby affirms tliat it has inspected the Work performed under ihe Contract and agrees that it is substantially complete
in accordance with ihe Contract Documents such that the Owner can occupy or utilize the Project for its iatended use. By
executing this cer[ificate,the Owner is not accepting the Work.The Owner has not inspected or tested the Work and tl�e Owner
makes no decisions or representations herein that the Work has been performed in a good or workmanlike manner or in
accordauce with the Contract Documents.
DATE OF SUBSTANTIAL COMPLETION:
DATE BY W�iICH PUNCHLIST(ATTACHED)SHALL BE COMPLETED:
CONTRACTOR:
Date:
PRIIVT NAME:
PRINT TTTLE:
OWNER:
Date•
PRINT NAME:
PRINT TITLE:
�'��� �,�."�i=.�'� z''�'.� �?;� ��::��.:.��° °.1 ae...� . �'� 'L��? �-r.�cw. e:��',�. ;�v
y, : � ,.
�i"�az�' . ��',,; _?`<�_,.,-� t� ; ,..�:��"x ;�����.T � .``�'s"��7_,�, .�"h +� ���. ,s`22� ,�'.`.�.'��1
35
EXHIBIT K
CONTRACTOR'S NOTICE OF COMPLETION OF PUNCHLIST
Date:
Kiefner Brothers,Inc.
1459 N.Kingshighway
Cape Girardeau,MO
OWNER: City of Cape Girardeau (the"Owner")
CONTRACTOR: Kiefner Brothers,Inc. (the"Contractor")
CONTRACT:Agreement for Professional and Construction Services(the"Contract")
DATE OF CONTRACT:
CONTRACT NO.:
PROJECT: (the"Project")
Dear
Pursuant to Section 4.2.4.2 of the Contract, Contractor hereby notifies Owner that to the best of Contractor's knowledge,
information and belief,the Punchlist has been completed,and requests that the Owner determine the Project to be"Commercially
Operational."
Sincerely,
OWNER'S REPRESENTATIVE
RECEIVED:
Date:
CONTRACTOR
PRINT NAME•
PRINT TITLE•
���;����'� ��}' �:��'��'��w.���:� ��:��. �s=� �-;� �x�:�. �:^ ^�''
��,.�' .fg c,r �r�..am k � � `�' 3 'T" � ,.;e:€a.
�... � . .�+,.4x�'iv `J`� ; .'zF�'.'�'.,,. ,��. C�.�.���s�� •.�L�.�F. ..
36
EXHIBIT L
CERTIFICATE OF COMMERCIAL OPERATIONS
OWNER: City of Cape Girardeau (the"Owner")
CONTRACTOR:Kiefner Brothers,Inc: (the"Contractor")
CONTRACT:Agreement for Professional and Construction Services(the"Contract")
DATE OF CONTRACT:
CONTRACT NO.:
PROJECT: (the"Project")
The Owner hereby affirms that it has inspected the Work performed under the Contract and agrees that the Punchlist dated
is complete in accordance with the Contract Documents. The Owner declares the Project to be
Commercially Operational. The issuance of this Certificate shall not relieve the Contractor of liability for obligations under the
Contract or for any faulty or defective work or services discovered after the issuance of this Certificate or the making of Final
Payment as provided in the Contract.
DATE:
CONTRACTOR:
Date:
PRINT 1�TAME•
PRINT TITLE:
OWNER:
Date•
PRINT NAME•
PRINT TITLE•
. . ..
a�a'"�� �;ur� '��."' z'2���"�'[����^n ����.i.�` '�� . � ��a2w:.�+.����: :�:�
a� �„ �..�� �.$_y s y �.� �>� ',-i`�'ti.a`_;i7.:,�C.'�
,.'�`.1v�% � �,,�a€? ��L`�::Ca rt3. '.:� �ct3.2C:`.w� .1+:.�it ..:t ti. :'.��:.`'..b�?.� .
• 37
EXHIBIT M
NOTICE OF EXCUSABLE DELAY
Date•
Kiefner Brothers,Inc.
1459 N.Kingshighway
Cape Girardeau,MO
OWNER: City of Cape Girardeau (the"Owner")
CONTRACTOR: Kiefner Brothers,Inc. (the"Contractor")
CONTRACT:Agreement for Professional and Construction Services(the"ContracY')
DATE OF CONTRACT:
CONTRACT NO.:
PROJECT: (the"Project")
Pursuant to Section 4.2.5.1 of the Contract,the Contractor hereby provides notice of excusable delay as follows:
(a) Event/circumstances causing delay:
(b) Date of occurrence of evendcircumstances:
(c) Portion of work affected by delay:
(d) Estimated period of delay:
CONTRACTOR:
Date:
PRINT NAME•
PRINT TITLE•
�,.L���'.�i�t� �:;:,� �;^��t.�?���;�.C>1a •:1T:�.�j. if �a&w �'�s.'"���,f����. ,:?�
:�.`A.c?�'��=.� �Y°�`i�z»�b'�, �Tl`:. 'v':T �: ���" �>�,:'�e� .��.�'.:,� .
38
EXHIBIT N
PERMITS AND I,ICENSES
June 17, 2016
Kiefner Brothers, Inc.
1459 North Kingshighway
Cape Girardeau, MO 63701
Owner: City of Cape Girardeau
Contractor: Kiefner Brothers, Inc.
Contract: Agreement for Professional and Construction Services (the Contract)
Date of Contract:
Contract No. :
Project: Police Station, Jail and Municipal Court
City of Cape Girardeau, MO
Pursuant to Section 4.7.1 of the Contract, the Contractor shall obtain the following
licenses and permits necessary for designing and/or constructing the Project and shall
include the cost of same in invoicing as a Cost of the Work:
MO Dept of Natural Resources Land Disturbance Permit
Original fee 500.00
2/2017 Renewal fee 500.00
Total Cost $1,000.00
The following permits are required with the fees being waived by the City of Cape
Girardeau:
Buildinq Permit
Plan Review
Sewer Tap
Water Tap
Sanitary Sewer Main Connection
Storm water Permit
Demolition Pe nnit
Electrical Permit
Plumbing Permit
Mechanical Permit
CONTRACTOR
�/��� Date: C���7 ��
PRINT NA1�II3: Thomas B. Kiefiner
PRINT TITLE: President
OWNER
Date:
PRINT NAME:
PRINT TITLE:
EXHIBIT O
CHANGE ORDER FORM
CHANGE ORDER#
Project No: Agreement No: Agreement Date:
CONTRACTOR:
TRADES AFFECTED:
The following CHANGES are hereby made to the Contract(attach separate explanation sheet if necessary):
JUSTIFICATION for Change to Contract:
CHANGE TO CONTRACT PRICE(Attach Detailed Calculation Sheets)
Original Contract Sum: $
Current Contract Sum(as adjusted by previous change orders): $
Increase or Decrease in Contract Sum by this Change Order: $
New Contract Sum due to this Change Order: $
CHANGE TO CONTRACT PERIOD(Attach Revised Schedule):
Increase or Decrease in Contract Period(calendar days):
New Substantial Completion Date will be:
APPROVALS REQUIRED-To be effective,this Change Order must be approved by the OWNER and CONTRACTOR.
Accepted by: Dated:
(FIELD)
Accepted by: Dated:
(Owner Project Manager)
Accepted by: Dated:
(City Manager)
Accepted by: Dated:
(CONTRACTOR)
z��z, ..� � �,_ `S'#;e= i r+ r° -x . >;�... ,� : .� y��?W�,•; �t,p
. •,_i���1£'_a .�^ .�=v}�;'-a'c'i;..'t�.�,.o.-x>i'� :tT:..i.�r. .�.��,� . .,:.. ,
"v'' ':";rwf-�.�: i.`sa"�:-.�.,.>w.wAii. .Kh i�. �.50'� r�3..�..X.�.�.'�'„�¢a.�. �3�r �l"x ���.. ,., �a.,,L�,._.`�.i��17,.a ...s.._ t'i.a_
,.>,� _ . , ��,'�r:, r,
��. `rl��''�'���� 3�.,s��:_a ,
40
EXHIBIT P
OWNER'S AUTHORIZATION OF
MINOR CHANGE IN THE WORK
OWNER: City of Cape Girardeau (the"Owner")
CONTRACTOR: Kiefner Brothers,Inc. (the"Contractor")
CONTRACT:Agreement for Professional and Construction Services(the"Contract")
DATE OF CONTRACT:
CONTRACT NO.:
PROJECT: (the"Project")
DATE OF DESIGN DOCUMENTS: (the�°Design Documents")
Pursuant to Sec.6.3 of the Contract,the Owner hereby authorizes the following minor change in the Work:
This change shail not result in any adjustment to the Contract Sum or the Contract Schedule. Contractor acknowledges and agrees
to this minor change.
CONTRACTOR:
Date:
PRINT NAME:
PRINT TITLE:
OWNER:
Date:
PRINT NAME:
PRINT TITLE:
z3'��.-�:�£�;,�`�'.1'�a.�. �:;:�' :.:;'�`,.:?"'�%�.�'��..m,°T`:'.t ���.�R..�'r' ��';; �� .,�,.._ ,....a��:.�<u s:+y
�.' .. ' .'t'; �"r R' � .. -.�� � � «
.�,,..�� `��` .,��3� ��..a=?���.�?�'.% c`7.?2:2 V�. 1C�e"iC�� g 1�',�.�a��' a� ., �'�:�T ,y�� . rx 3.a3
��"$`;�C;'`��::� �s-'�;a l.:a .
41
Exhibit Q
INVOICING SCHEDULE
Invoicing for the Police Station, Jail and Municipal Court for the
City of Cape Girardeau, MO, shall be as follows.
As the work progresses, Kiefner Brothers, Inc. will submit to the
owner for payment, an itemized monthly invoice. Invoice shall be in
the amount of the total of the cost of the work incurred during the
month, plus 4 .75% OH&P, less 5% retainage, with reduction to 2o when
95% or more of work is complete.
Each monthly invoice will be backed up by a recap of labor, service
truck, material invoices, miscellaneous invoices, rental and equipment
invoices (including recap of KBI-owned tool rental) , and subcontractor
invoices.
After the first invoice, subsequent invoices will be accompanied by
lien waivers equal to the previous pay application.
Upon successful completion of all the work, retainage being held shall
be released by the owner and included in the final pay application
payment. The sum of all payments shall not exceed the Guaranteed
Maximum Price.
Application for Payment to be in the owner' s hands by the 20t'' of each
month, for payment by the lOt'' of the following month.
EXHIBIT R
AFFIDAVIT OF PAYMENT
OWNER: City of Cape Girardeau (the"Owner")
CONTRACTOR: Kiefner Brothers,Inc. (the"Contractor")
CONTRACT:Agreement for Professional and Construction Services(the"Contract")
DATE OF CONTRACT:
CONTRACT NO.:
PROJECT: (the"Project")
DATE OF DESIGN DOCUMENTS: (the"Design Documents")
Pursuant to Section 7.2.3.2 of the Contract,Contractor�rms the following for Invoice No.
Subcontractor Amount of Subcontract Amount Reauested
l
2
3
4
Amount to be paid Contractor for Invoice No.
CONTRACTOR:
Date:
PRINT NAME:
PRINT TITLE:
OW NER:
Date:
PRINT NAME:
PRINT TITLE:
��"'�•,:j:^�� .. �,,_ '��:»?Ci�.v a.t'-arA ;,°�'�, pr� �� �3`��_�.�';:.;�c� '_.?"�<
� .v r
# . �,�,
z�.`?y.a.'�w� s"Hi.."�'�'�€;`'.a:� < .viiv: �.l .,.b-m ��t.s..:.�a w:[v.:��a}.,da: �ct��- �.��.a_...�.,��a �.v��`3
�.;� �i�i';i�'.:ia Ja1i"�J'.
43
EXHIBIT S
Partial Payment Certification, Release and Lien Waiver
OWNER:
CONTRACTOR:
PROJECT•
CONTRACT NO:
In consideration of the sum of$ ,the undersigned hereby acknowledges receipt and payment in full for
all labor,services, and materials furnished or supplied relating to the design, construction, addition, or development of the work
and improvements concerning the above-referenced Project as stated on Invoice No.
The undersigned hereby expressly waives, releases, and discharges the above-referenced Project,the Owner thereof,the interim
lender, and the permanent lender,of and from any and all claims, liens,expenses and rights to any such claim or lien which the
undersigned has or may have for labor, services, materials or otherwise, furnished by or though the undersigned in connection
with the above-referenced Project and/or pursuant to the above-referenced Contract,for all Invoice Numbers stated above. The
undersigned further represents,as a material inducement to the payment described above,that subcontractors and suppliers of the
undersigned have been fully paid under the Invoices stated above and that all amounts due or to become due for labor,equipment
or materials fumished by subcontractors and supplier of the undersigned shall be paid from such sum.
In the event the undersigned does not receive actual payment for the labor,materials,or services which is the subject hereof,the
signing of this certification, release and waiver shall not constitute a release or waiver of any claim or lien rights for said labor,
materials,or services.
Date:
(Name of Contractorl
By:
Print Name:
Title:
STATE OF
CITY/COUNTY OF ,to-wit:
The foregoing instrument was acla►owledged before me, ,Notary Public,this_day of
,20_,by [signatory],who is personally known to me.
[signatory]voluntarily acknowledged this instrument as of on behalf of the
[wrporation,limited liability company,etc.].
Notary Public
Registration Number:
My commission expires:
Notary Seal(sharp,legible,photographically reproducible)
�5.���.°:3."$�C.'�a �,:a..i' �:��;,'�i.iT`c�.�.".�v.�. t.�'d�:2,.�.�`�..�"�. .«�. ���a ��-a A;�;gtti�r,� 'u'Y
r _ ' - "
a'�'i..,.`�^.'`"a'3�'<.' �'3'-x'J�.<z���i, .i s'�. �.�;�.< �:'�:+:.'��e�.YI�: T::L_a'.�:i:l� :a� �:��`.�: �. .,,..�.`.»? ��.;,'�:i's..��."..
o- w ^2'_
44
EXHIBIT T
Final Payment Certification, Release and Lien Waiver
OWNER:
CONTRACTOR:
PROJECT:
CONTRACT NO:
In consideration of the sum of$ ,the undersigned hereby acknowledges receipt and final payment in full
for all labor,services,and materials furnished or supplied relating to the design,construction,addition,or development of the
work and improvements concerning the above-referenced Project.
The undersigned hereby expressly waives,releases,and discharges the above-referenced Project,the Owner thereof,the interim
lender,and the permanent lender,of and from any and all claims,liens,expenses and rights to any such claim or lien which the
undersigned has or may ever have for labor,services,materials or otherwise,furnished by or though the undersigned in
connection with the above-referenced Project and/or pursuant to the above-referenced Contract. The undersigned further
represents,as a material inducement to the payment described above,that subcontractors and suppliers of the undersigned have
been fully paid to date and that all amounts due or to become due for labor,equipment or materials furnished by subcontractors
and supplier of the undersigned shall be paid from the final payment referenced herein.
In the event the undersigned does not receive actual payment for the labor,materials,or services which is the subject hereof,the
signing of this certification,release and waiver shall not constitute a release or waiver of any claim or lien rights for said labor,
materials,or services.
Date:
[Name of Contractorl
By:
Print Name:
Title:
STATE OF
CITY/COiJNTY OF ,to-wit:
The foregoing instrument was acknowledged before me, ,Notary Public,this_day of
,20_,by [signatory],who is personally known to me.
[signatory]voluntarily acknowledged this instrument as of ,on behalf of the
[corporation,limited liability company,etc.].
Notary Public
Registration Number:
My commission expires:
Notary Seal(sharp,legible,photographically reproducible)
z'��t;��:z�� �' . ..� _,.
�
a '�'r,.:',C .s a�..,���. ""r' ,n3�.�s1` m'S �of? �.'. �.Y���^-'si; <:z�'���. ;�.��I.- °:�-..t -A7
.,�..e.� .�,....—<z � m
' �'3�e..=;?-:.e.,....y .,..,..�.>,_a;.�.;.:� , S.�..�. `�:�3,.°��� �`��.;f?.M�'�; �-.'�i ...c_..,?,..� '�'�.�.:�:�?:i�'',;.
45
EXHIBIT U
Cost of Construction
Kiefner Brothers, Inc. will provide all necessary labor, material,
equipment, subcontractors and other such resources as required to
build the new Police Station, Jail and Municipal Court to be located
at 2530 Maria Louise Lane for the City of Cape Girardeau for the sum
of direct project costs plus 4.75� for overhead and profit. We
further guarantee that the maximum amount of construction cost plus
fee shall not exceed $ TBD without written change order or other
written directive from the City of Cape Girardeau.
Clarifications
l. Chargeable costs to the construction project are as defined in
2.4 . 4, 2. 4 .5, 2.4. 6, 2.4.7, 2. 4 .8, 2. 4 . 9 and 2.4 . 10 of this
contract. Costs as defined under 2.4 . 11 of this contract shall
not be considered construction related costs.
2. Architectural contract administration and its related
reimbursables are part of this construction "cost of the work".
Kiefner Brothers, Inc. has included an allowance of $ TBD for
Chiodini Architects and their consultants to perform contract
administration, including reimbursables .
3. The cost of work includes certain select furniture, equipment and
systems (FFE) that have been or will be detailed and listed
during the scoping phase. (See Exhibit A "Scope of Work" and
Exhibit B "Compensation for Scoping Phase Service) . We have
included $ TBD allowance for the purchase and installation of FFE
in the cost of the work.
4 . Along with providing full time, on-site supervision, Kiefner
Brothers, Inc. will perform some of the construction work on this
project with its own forces. Examples of the tasks we will self-
perform are formed concrete footings and walls, concrete slabs on
grade, rough carpentry blocking and backing, installation of
doors, frames and hardware, installation of cabinets, casework
and miscellaneous items. We have attached the billing rates for
the various classifications of workers that will be applicable
for this project. (See attachment Ul. ) Please note these rates
are cost only and will have the 4 .75% added as part of the
monthly recap and billing procedure.
5. It is the intent of Kiefner Brothers, Inc. to lease or rent
equipment and large power tools from third party vendors as
necessary for this project. In such instances where the
46
shall be utilized and rented to the project as per the attached
U2. Please note these rates are cost only and will have the
4 .75% added as part of the monthly recap and billing procedure.
6. It is understood that the cost of the Scoping Phase (Exhibit B)
and the Cost of Design Phase (Exhibit D) are not included in the
Cost of the Work (Exhibit U) . It is further understood that the
sum of the Scoping Phase, Design Phase and Cost of the Work shall
not exceed $ TBD without written authorization or change order
from the City of Cape Girardeau.
7 . Kiefner Brothers, Inc. has included a contractor' s contingency in
the amount of $ TBD in the Cost of the Work. This contractor' s
contingency is for the exclusive use of Kiefner Brothers, Inc.
and is for the sole purpose of protecting Kiefner Brothers, Inc.
against cost overrun due to estimating errors, labor overages,
material cost increase, subcontractor issues, or other such
unforeseen circumstances, or conditions that must be met or dealt
with while delivering a successful project. Any unspent portion
of the contingency will accrue to the City of Cape Girardeau as
savings. The cost of the work does not contain any owner's
contingency.
8 . The guaranteed maximum price is predicated on and in accordance
with construction documents, (plans, specifications, and other
such documentation) as prepared by Chiodini Architects and their
consultants. Any changes made to these construction documents
after the guaranteed maximum price is established, that result in
added scope and cost, will increase the guaranteed maximum amount
by the cost of the respective change plus 4.75% overhead and
profit. This shall be handled by mutually agreed change order.
EXHIBIT U1
Kiefner Brothers, Inc. Billing Rates for Self-Performed Work
Straight Time Overtime
Carpenter Superintendent 54.12 71.80
Carpenter Foreman 49.08 64.41
Carpenter Journeyman 47.81 62.55
Cement Mason Journeyman 48.74 64.38
Cement Mason Foreman 49.99 66.21
Laborer 41.30 54.83
Iron Worker Journeyman 53.85 68.66
Iron Worker Foreman 55.11 70.52
EXHIBIT U2
Kiefner Brothers,Inc. Equipment Rental Rates May 17,2016
Description Hour Day Week Moath
COMPRESSORS z -
__...._..._........._��.�..._.�.�_........�..._._..._._�...�__�._.__..........__...�.�_......._�___.---___..._.._......._...�_. ____.�_._..;._.._ _.._.... .�....�......._�.._ __.._..._....._..._.___�...
185 CFM compressor w/jack hammer � 25.00: 120.00`� 440.00;V 1,000.00
.._......................_..__._._......�_...�_._.. _....�..�._..__._______�._.._.._� _...�......_.....,...�._.._._...........�.._._..__._ ;................_. :._.__._._...._�
Compressor alone(diesel) 80.00: 250.00; 750.00
....._......�_...................._.._.._..._..__._....�......_�..._.�_....�_�__.._...�..._.......__.�.�...__.._._._.-:-.-�..__--___---•-:-._.._.._�._..___...�_.s��.�.�_�_.___--�-�______----
Small air tool compressor w/2 air nailers (electric)
Compressor alone= 25.00: 85.00: 225.00
,__._......._......��.�_,....�...__._.��__�...�_._.____.._...:_.._.._..__�_....�
Air nailer` 25.00: 85.00: 215.00
�.............»......»............................�..........�....��................�..�.....�.........�......�.....................................�...�..�...�.��...�....���..�......�.................�.i.w............................... �..�..�....�.......« ..................�.......�............�.9................................�......�.......�.
..... .�.-i-...� .......y.....
Small compressor - 25.00: 85.00; 225.00
....._...._._...��.._...._. ._....�......._....�....._._.�__..._.�___..__._.._..._._...._...._. __.._.�_____.�_��.._..._._.:_..�_�-�---------�...._._....__��.�..____.._..
EXCAVATORS&FORKLIFTS =
.__._...._................._._..._......_....._.�....__.._._.._....._._......__...._____._. ...__.._._;_.__.._............_... s ___�. ..........___..W. ._..._._..._._.__..._._._
Daewoo Phase 276 mini-excavator backhoe ' 300.00�M 1,150.00; 3,000.00
.__...�.......�......._._,.__........__ _-_ _._.__....�........_.... __._-----___.�__._...._w_____W... : -
_ ..._
Daewoo 276 xnini-excavator backhoe w/drill : : 385.00: 1,500.00� 3,750.00
..............�...........�.......___,........................._.__.._._.___......_...._.__._._.____...._._.__�_.._.._._�.....�.._�..__._..;................._.__...�_..-.-.._��._.�._........._�.__�._�......�_.._._.__..�._....._.._._____.._.__._.
JD 160 Excavator w/o operator ; 75.00� 600.00; 1,900.00':. 5,200.00
............�..............................................,..._...........__.__....._.._......_.____........._..�.._....__.___._...._._.._._...........�......................... _..........._............__ ._�....._.....__._............._,_�....�._._.___._..._ __...�_.........._..._...��....�......
.....y / ............. �u..... . . _...:_. ....
H drauhc rock concrete breaker for JD160 X 50.00; 375.00: 1,150.00: 2,200.00
...........��...........��.....�...... ......._.___........_._........._.._..._._._.�___�_�._�__.........._..__�_w...._.__��......_...........;...�.�.._........._�.:.__...._._...___._.._.:._..._.__..___�...._.._
Clark forklift(in KBI basement) '
3
............�..__�_...__.....�.___..._._._._.____.._.._._._...._._ �_ _..__...�-•-.�......�_____��._..._..;.___�._...__�___. _
,._.__.____..__..._._,.._ _
Kamatsu forklift 20.00` 125.003 350.00: 750.00
.._..._._....._......_..__...__._.._.....__._....__._-__........�_.____��....._.........._.._..�..........__........�._.._.:_._._._._._....._._;_. _..�__ _._
JD 2000 forklift (2) ' 25.00` 150.00; 400.00? 1,300.00
._....,.__................_..........._._._.._..._...._....._..�__.._.....�....____�.__...__. _...__..__.....__.._........�.....�....._....._._�.�_.._....�..�._�__._.___.:............_........._
T300 Bobcat(NuWay) 80.00' 350.00; 1,200.00` 3,300.00
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Case Skidsteer(bobcat) - 80.00: 350.00: 1,200.00; 3,300.00
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Bobcat sweeper power (2) = 100.00` 300.00' 900.00
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Genie 10,000 lb rated,45'boom 85.00; 360.00; 1,300.00: 3,535.00
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GENERATORS t
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3000 watt generator = 50.00; 185.00; 435.00
Miller generator(welder used as generator) � � 50.00: 185.00` �� 435.00
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Gas welder generator - : 75.00: 250.00� 775.00
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GEORGIA BUGGIES/TII.T TRUCK3 !
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2-Ton truck ;*45/hour ; :
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�Georgia power buggy(motorized wheelbarrow) -''_ 70.00;� 270.00: 650.00
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1 CY tilt truck-Doug � ` ' 50.00: 150.00
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Self-dumping hopper-have to pick up w/forklift (Trip Dumster) : 25.00; 75.00: 200.00
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1/2 CY trash cart on wheels i '. 100.00
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EZG-P&G electric cart-FYI
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HEATERS - -_._.. _�___.._......_.._ �._._____.._
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KBI electric heater F �����-_.._-.-..25.00: 70.00: 175.00
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Natural gas heaters, 140,000 BTU ; 375.00
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WELDERS - -
Bobcat welder ������ �� - 65.00: �u220.00: 550.00
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Miller gas welder 's. 65.00= 220.00: 550.00
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Miller wire welder/TG MIG wire welder ` = 65.00' 220.00: 550.00
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Electric welder 125.00: 275.00; 675.00
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Trailblazer diesel welder-Praxair 4/14/14 = 75.00' 225.00� 575.00
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Hour Day Week Moath
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NuWay core drill rig ` 50.00= 175.00; 450.00
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Core drill (additional charge for bits over 4"diameter) ; : 75.00= 225.00:� 575.00
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Magnetic drill ; = 50.00� 175.00� 450.00
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Miter saw(wood)-makes 1 cut 3 _ 45.00� 155.00`� 295.00
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Chop saw(metal) same as miter saw ' ` 45.00: 155.00; 295.00
Compound miter saw-makes 2 cuts simultaneously ��4�y : = 50.00; y 16 05 0���325.00
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Table saw 35.00� 125.00; 260.00
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Demolition saw(hand held) = 45.00: 170.00; 340.00
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Walk-behind saw(street saw-20"blade) - ' 60.00` � 250.00` 525.00
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Walk-behind saw(street saw- 10"blade) 50.00; 225.00; 475.00
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14"Stihl demo saw(Bosch demo saw-same) 45.00: 170.00' 340.00
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Honda self-propelled 8"soff-cut saw(blades ea�tra) 175.00:� 575.00; 1,450.00
Cut 8v break saw-cuts deep groove for addn'1 single blade cut ~w� � 100.00:��350.00� 1,225.00
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Norton Eazly Entry saw- 10"blade-saw out caulk joints � ; 180.00; 625.00� 1,500.00
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Push Type soft cut saw-6"blade - 75.00; 275.00� 600.00
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HAMMERDILLS 8i JACKHAMMERS ;
: : ;
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Bosch hammerdrill(big) _ ` 35.00: 105.00; 275.00
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Hilti TE-75,-76(same) 75.00 w� 225.00� 425.00
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Hiiti TE-805 chipping hammer/1000 50.00= 125.00; 350.00
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Bosch electric jackhammer 75.00; 180.00; 375.00
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Hilti T30 hammerdrill $80/mthly on Fleet invoice ; - `
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Hilti TE3000 breaker ' 75.00; 300.00; 1,800.00
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CONCRETE TOOLS 8�ACCE3SORIES - _ ;
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Concrete vibrator ` 30.00` 105.00: 260.00
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Vibratory plate compactor(turtle) ` � 45.00= 160.00: 425.00
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Concrete finish trowei-walk behind ; ; 50.00; 165.00; 425.00
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Jumping jack(wacker/tamper) _ � Y`� 45.00� 165.00= 405.00
Whitman double riding trowel �� � � ; 225.00; 0���1,495.00
Concrete curb/sidewalk street forms 6"x10',$1/If per setup. .75/setup up to 2.25 � i
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S ons forms not includin waler lumber,ties,accessories,etc. � : =
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(They are purchased and consumed) ;.95/sf contact area/month �
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� Self-propelled vibratory roller 25.00! 125.00` 325.001 795.00
Bomag V-series Plate Compactor ����� ���M ���^�' ~ 45.00�� 165.00; � 405.00
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Concrete blankets � � ; 35.00; 45.00
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DIRT/GRAVEL COMPACTORS - �
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Mikasa roller compactor,MRH800GS 5000 cfin � ° j
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MRH800GS,5000 cfin,double drum t^ 15.00:�� 110.00; � 365.00;� 900.00
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Mayco(Goedecke)concrete pump(shotcrete pump) _ �� 295.00j 975.00' 2,995.00
2"water pump �� ��^� � Mµ�I � 002 0 70.00: �175.00
4"water pump ; � 45.00;� 195.00i 595.00
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Trash pump 2/suction 8a discharge hoses �� = 165.00- 325.00; 1,000.00
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Hour Day Week Month
FLOOR GRINDERS,STRIPPER3,3ANDER4 = � : i
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Hilti floor grinding system-2 pc vac/grinder 75.00� 225.00: 475.00
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Floor grinder�hand held,no vacuum� � ; = 45.00 s� 160.00 j 405.00
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Floor stripper � � 50.00= 175.00; 450.00
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Tile stripper 45.00: 160.00= 395.00
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Floor sander '•- 30.00` 110.00 t 315.00
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Husqvarna(Goedecke)floor grinding system � E 320.00; 975.00� 3,475.00
4"grinder w/diaxnond blade j 50.00! [ � �����
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Floor scrbbers 75.00� Mµ 295.00= ~ 795.00
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Miscellaneous
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Pressure washer (power washer) 50.00; 135.00` 395.00
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Cutting torch - 60.00_ W 150.00'� 375.00
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Service Truck w/cell phone ist truck 40/day, 2nd truck 35/day �ry� � 40/35= ��Y�
Job trailer � ° 175.00
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Fall arrest system - - 185.00
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Small tools charge � 0-500.00
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Trimble layout mgr robotic TS2.4R - 175.00� 395.00; 1,495.00
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Leaf blower ��
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Screwgun `
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Sawzall
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5/8-1'water pump = _ � _
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Laser levei-shoots grade °
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PSL-level-shoots vertical =
Seiler straight line transit-considered part of Supetvision ;�w..��� - -y�.V Y��� �-
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Rebaz locator �
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Router
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Circulaz saw
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Metabo 6"grinder(Giastetter-Cath Lab) j ' _
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Reciprocating saw i
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Porta-band saw ;
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Hilti TE 6 �
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Hilti powder actuated fastening gun = ;
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3
EXHIBIT V
Subcontractor List
fu�`�.c`?;�a�`�.->.� s.'�Y' ..b�,:.t"s�`�.r3��..%,=,?xs .,.�,. _ �r, �°t �� -� �k �a ,c,... � ��^,;,..y� �.
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47
Project Number
-�l�n -nnniGr�";��.�r.
•`
Certification Regarding
Debarment, Suspension and Other Responsibility Matters
The contractor hereby certifies to the best of its knowledge and belief and that it and its principals
and its subcontractors and their principals:
(a) Are not presently debarred, suspended,proposed for debannent, declared ineligible or
voluntarily excluded from covered transactions by any Federal or State department or agency;
(b) Have not within a three (3) yeax period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain or performing a public (Federal, State or
Local)transaction or contract under a public transaction; violation of Federal or Sta.te antitrust
statutes or commission of embezzlement,theft, forgery,bribery, falsification or destruction of
records, making false statements or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a government
entity(Federal, State or Local)with commission of any of the offenses enutnerated in
paragraph(1)(b)of this certification; and
(d) Have not within a three-year period preceding this subcontract had one or more public
transactions (Federal, State or Local)terminated for cause or default.
I understand that a false statement on this certification may be grounds for rejection of this
contractor or termination of the contract. In addition,under 18 USC Sec. 1001, a false
statement may result in a fine of up to $ 10,000 or imprisonment for up to five(5)years or
both.
THOMAS B. KIEPNER, PRESIDENT
Typed Name &Title of Authorized Representative
6/9/16
Signature of Authorized Represe ative Date
❑ I am unable to certify to the above statement. My explanation is atta.ched.
EXHIBIT
AFFIDAVIT OF OSHA TRAI1vING
COMES NOW(Name) TgQ� B RIEFNER as (Office Held) P�SIDEIdT
of(Company Name/Contractor) _ xTF�.0 RRn�us nar._ and first being duly sworn, on
m�y oath,affixm in connection with the contracted services rela.ted to CITY OF CAPE GIRARDEAII
POLICE STATION
A13D MIINICIPAL 3L�Project Name) for the duration of the contract,as follows:
1. Contractor shall pYovide 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 appxoved by OSHA or a similar program approved by the Missouri Department of Labor and
Industrial Relations which is at least as stdngent as an approved OSHA program as required by
Section 292.675,RSMo.
2. Contractor shall requixe its on-site employees to complete a construction safety
program within sixty (60) days after the date work on the Project commences,as required by Section
292.G75,RSMo.
3. Contractor acknowledges and agtees 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 Pxoject.
4. Conttactor shall require all of its Subcontractors to comply with the requitements of
Section 292.675,RSMo.
5. Contractor acknowledges that pursuant to Section 292.675, RSMo., Contxactox shall
forfeit to City as a penalty two thousand five hundred dollars ($2,500.000),plus one hundred dollars
($100.00) fox each on-site employee employed by Contractor or its Subcontractor, for each calendar
daq, or portion thereof, such on-site employee is exnployed without the construction safety training
required in Section 292.675,RSMo.
6. Contractor acknowledges that violations of Section 292.675, RSMo, and imposition
of the penalties described thexein shall be investigated and determined by the Missouri Department
of Labox and Industrial Relations.
7. Contractor acknowledges that in the event that the Missouri Department of Labot
and Industsial Relations has determiued that a violation of Section 292.675, RSMo., has occurted
and that a penalty shall be assessed,the City shall withhold and retain all sums and amounts due and
owing when making payments to Contractor under this Contrac�
FURTHER AFFIANT SAITH NOT.
IN AFFIRMATION THEREOF, the facts stated above .are true and correct (the
undersigned understands that false statements made in this filing are subject to the
penalties provided in Section 575.040,RSMo.)
KIEFNER BROTHERS, INC.
(name of corporation)
By: �
(name of offlcer of corporation an n e)
THOMAS B. RIEFNEI�, PRESIDENT
ATTEST:
, �
Secretary(or other o cer)
.ot' "�r�,RIEF;t7ER, CORP. SECRETARY
•`'����' "�f��;:
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y�,�";����e��I'ORATIOI�
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C(J,L�TNTY OF CAPE GIR.ARDEAU )
On this �day of JIIi�TE , 2016, before me appeared THOMAS B. KIEFL3ER �
to me personally known,who,being bp me duly swom,did say that he/she is the PRESIDII3T
of RIEFNER BBOTH'ERS iNC. , a Missowi Corporation, and that the seal affixed to the
foregoing instrument is the seal of said Corporation, and that the said instrument was signed and
sealed in behalf of said Corporation by authority of its Board of Directors, and acknowledged said
instrument to be the free act and deed of said Corporation.
IN TESTIMONY WHEREOF, I ha.ve hereunto set my hand and affixed my official seal, at
my office in Cape Girardeau,Missouri,the day and year first above written.
� '' � �� ",�i
Notary Public ' yCE E. LORENZ �'
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My Commission Expixes: '�,r,,N --•��:`�i���"'•;
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:�a"���;� "'�NNO�yTTARI�:�'= �y Co+nmfssion E
t^ ' n�n. i�.F.� .r' XF11f8S
,y�.•_ - ' S�q�� August 30,201
6
, Perry County
'� � ` 'A����`', Commfssion#1
;r%� �d�,�v:�"' 2538860
EXHIBIT
AFFIDAVIT OF WORK AUTHORIZATION
Comes now �o�s $. RIEFNER as P�$��� first being duly sworn,on
Name Office held
my oath,affirm RIE�R BROTHEt�.S, INC. is enrolled and will continue to
Company Name
participate in a federal work authorization program in respect to employees that will work
TF� CITY OF CAPE GIRARDEAII
in connection with the contracted services related to POLICE STATIt3i� 3AiL �TD MtRvICIP�I. COITt�T
Project Name
for the duration of the contract,if awarded in accordance with RSMo Chapter 285.530 (2).
I also affirm that RIEFNER BROTHERS, zNc. does not and will not knowingly
Company Name
employ a person who is an unauthorized alien in connection with the contracted services
THE CITY OE CAFE GItZARDF�AII, POLICE STATIOIv, �AiL
related to AND MDNICIPAZ CQUrcT for the duration of the contract,if awarded.
Project name
In AtlSrtnation thereof, the facts stated above are true and correc[- (The undersigned
understands that false statements made in this l`iling are subject to the penalties provrded
underSeclion 575.040,RSMo).
w
THOI�`,AS B. KIEFI3ER
Signature(person wi thority) Printed Name
PRESiI)ENT 6/9/16
Title Date
Subscribed and sworn to before me this 9� of .� 2016 . I am
� —
commissioned as a notary public within the County of '`� �.t< State
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of �,�}1.-t.�_ZY�ti and�yw�A�nmission expires on � ':�U G���� 4'
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�i re of Notary = ���.��,;��sJ % Date '`' �•�'" Augusi 30,2016
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Company ID Number: 212960
THE E-VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION
MEMORANDUM OF UNDERSTANDING
ARTICLE I
PURPOSE AND AUTHORITY
This Memorandum of Understanding (MOU) sets forth the points of agreement between the
Department of Homeland Security (DHS) and Kiefner Brothers. Inc. (Employer) regarding the
Employer's participation in the Employment Eligibility Verification Program (E-Verify). This MOU
explains certain features of the E-Verify program and enumerates specific responsibilities of
DHS, the Social Security Administration (SSA), and the Employer. E-Verify is a program that
electronically confirms an employee's eligibility to work in the United States after completion of
the Employment Eligibility Verification Form (Form I-9). For covered government contractors, E-
Verify is used to verify the employment eligibility of all newly hired employees and all existing
employees assigned to Federal contracts.
Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration
Reform and Irnmigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as
amended (8 U.S.C. § 1324a note). Authority for use of the E-Verify program by Federal
contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility
Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as
a "Federal contractor") to verify the employment eligibility of certain employees working on
Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended.
ARTICLE II
FUNCTIONS TO BE PERFORMED
A. RESPONSIBILITIES OF SSA
1. SSA agrees to provide the Employer with available information that allows the Employer
to confirm the accuracy of Social Security Numbers provided by all employees verified under
this MOU and the employment authorization of U.S. citizens.
2. SSA agrees to provide to the Employer appropriate assistance with operational
problems that may arise during the Employer's participation in the E-Verify program. SSA
agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA
representatives to be contacted during the E-Verify process.
3. SSA agrees to safeguard the information provided by the Employer through the E-Verify
program procedures, and to limit access to such information, as is appropriate by law, to
individuals responsible for the verification of Social Security Numbers and for evaluation of the
E-Verify program or such other persons or entities who may be authorized by SSA as governed
by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA
regulations (20 CFR Part 401).
:'aga � o��3�E-Verify�AOU�or�rnptoyer�Revision�7ate 10/29/OII
� �:::- � .� ;�•.
..; ��, ,., �?t�: �.
Company ID Number: 212960
4. SSA agrees to provide a means of automated verification that is designed (in
conjunction with DHS's automated system if necessary) to provide confirmation or tentative
nonconfirmation of U.S. citizens' employment eligibility within 3 Federal Government work days
of the initial inquiry.
5. SSA agrees to provide a means of secondary verification (including updating SSA
records as may be necessary) for employees who contest SSA tentative nonconfirmations that
is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment
eligibility and accuracy of SSA records for both citizens and aliens within 10 Federal
Government work days of the date of referral to SSA, unless SSA determines that more than 10
days may be necessary. In such cases, SSA will provide additional verification instructions.
B. RESPONSIBILITIES OF DHS
1. After SSA verifies the accuracy of SSA records for aliens through E-Verify, DHS agrees
to provide the Employer access to selected data from DHS's database to enable the Employer
to conduct, to the extent authorized by this MOU:
• Automated verification checks on alien employees by electronic means, and
• Photo verification checks (when available) on employees.
2. DHS agrees to provide to the Employer appropriate assistance with operational
problems that may arise during the Employer's participation in the E-Verify program. DHS
agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS
representatives to be contacted during the E-Verify process.
3. DHS agrees to provide to the Employer a manual (the E-Verify User Manual) containing
instructions on E-Verify policies, procedures and requirements for both SSA and DHS, including
restrictions on the use of E-Verify. DHS agrees to provide training materials on E-Verify.
4. DHS agrees to provide to the Employer a notice, which indicates the Employer's
participation in the E-Verify program. DHS also agrees to provide to the Employer anti-
discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair
Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice.
5. DHS agrees to issue the Employer a user identification number and password that
permits the Employer to verify information provided by alien employees with DHS's database.
6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit
access to such information to individuals responsible for the verification of alien employment
eligibility and for evaluation of the E-Verify program, or to such other persons or entities as may
be authorized by applicable law. Information will be used only to verify the accuracy of Social
Security Numbers and employment eligibility, to enforce the Immigration and Nationality Act
(INA) and Federal criminal laws, and to administer Federal contracting requirements.
7. DHS agrees to provide a means of automated verification that is designed (in
conjunction with SSA verification p�ocedures) to provide confirmation or tentative
?a�.,�oE^��c-Verify NlOU for�mployerlRevision Date 10l29/08 �
.. + ... ' '. `�4 .
... ��� . . .J ii 4 I ... �
1M
Company ID Number: 212960
nonconfirmation of employees' employment eligibility within 3 Federal Government work days of
the initial inquiry.
8. DHS agrees to provide a means of secondary verification (including updating DHS
records as may be necessary) for employees who contest DHS tentative nonconfirmations and
photo non-match tentative nonconfirmations that is designed to provide final confirmation or
nonconfirmation of the employees' employment eligibility within 10 Federal Government work
days of the date of referral to DHS, unless DHS determines that more than 10 days may be
necessary. In such cases, DHS will provide additional verification instructions.
C. RESPONSIBILITIES OF THE EMPLOYER
1. The Employer agrees to display the notices supplied by DHS in a prominent place that is
clearly visible to prospective employees and all employees who are to be verified through the
system.
2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and
telephone numbers of the Employer representatives to be contacted regarding E-Verify.
3. The Employer agrees to become familiar with and comply with the most recent version
of the E-Verify User Manual.
4. The Employer agrees that any Employer Representative who will perform employment
verification queries will complete the E-Verify Tutorial before that individual initiates any
queries.
A. The Employer agrees that all Employer representatives will take the refresher
tutorials initiated by the E-Verify program as a condition of continued use of E-
Verify, including any tutorials for Federal contractors if the Employer is a Federal
contractor.
B. Failure to complete a refresher tutorial will prevent the Employer from continued
use of the program.
5. The Employer agrees to comply with current Form I-9 procedures, with two exceptions:
• If an employee presents a "List B" identity document, the Employer agrees to only
accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R.
§ 274a.2(b)(1)(B)) can be presented during the Form I-9 process to establish identity.) If
an employee objects to the photo requirement for religious reasons, the Employer
should contact E-Verify at 888-464-4218.
• If an employee presents a DHS Form I-551 (Permanent Resident Card) or Form I-766
(Employment Authorization Document) to complete the Form I-9, the Employer agrees to
make a photocopy of the document and to retain the photocopy with the employee's
Form 1-9. The employer will use the photocopy to verify the photo and to assist DHS
with its review of photo non-matches that are contested by employees. Note that
employees retain the right to present any List A, or List B and List C, documentation to
complete the Form I-9. DHS may in the future designate other documents that activate
the photo screening tool.
:����•a 3 a; �3�E-Veriiy MOU for Employer�Revision Date 10/29l08
' — � ����,` .
��' ,M _
Company ID Number: 212960
6. The Employer understands that participation in E-Verify does not exempt the Employer
from the responsibility to complete, retain, and make available for inspection Forms I-9 that
relate to its employees, or from other requirements of applicable regulations or laws, including
the obligation to comply with the antidiscrimination requirements of section 274B of the INA with
respect to Form I-9 procedures, except for the following modified requirements applicable by
reason of the Employer's participation in E-Verify: (1) identity documents must have photos, as
described in paragraph 5 above; (2) a rebuttable presumption is estabfished that the Employer
has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect
to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of
� the individual in compliance with the terms and conditions of E-Verify; (3) the Employer must
notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is
subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of
continued employment following a final nonconfirmation; (4) the Employer is subject to a
rebuttable presumption that it has knowingly employed an unauthorized alien in violation of
section 274A(a)(1)(A) if the Employer continues to employ an employee after receiving a final
nonconfirmation; and (5) no person or entity participating in E-Verify is civilly or criminally liable
under any law for any action taken in good faith based on information provided through the
confirmation system. DHS reserves the right to conduct Form I-9 compliance inspections during
the course of E-Verify, as well as to conduct any other enforcement activity authorized by law.
7. The Employer agrees to initiate E-Verify verification procedures for new employees
within 3 Employer business days after each employee has been hired (but after both sections 1
and 2 of the Form I-9 have been completed), and to complete as many (but only as many) steps
of the E-Verify process as are necessary according to the E-Verify User Manual. The Employer
is prohibited from initiating verification procedures before the employee has been hired and the
Form I-9 completed. If the automated system to be queried is temporarily unavailable, the 3-day
time period is extended until it is again operational in order to accommodate the Employer's
attempting, in good faith, to make inquiries during the period of unavailability. In all cases, the
Employer must use the SSA verification procedures first, and use DHS verification procedures
and photo screening tool only after the SSA verification response has been given. Employers
may initiate verification by notating the Form I-9 in circumstances where the employee has
applied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN,
provided that the Employer perForms an E-Verify employment verification query using the
employee's SSN as soon as the SSN becomes available.
8. The Employer agrees not to use E-Verify procedures for pre-employment screening of
job applicants, in support of any unlawful employment practice, or for any other use not
authorized by this MOU. Employers must use E-Verify for all new employees, unless an
Employer is a Federal contractor that qualifies for the exceptions described in Article II.D.1.c.
Except as provided in Article II.D, the Employer will not verify selectively and will not verify
empioyees hired before the effective date of this MOU. The Employer understands that if the
Employer uses E-Verify procedures for any purpose other than as authorized by this MOU, the
Employer may be subject to appropriate legal action and termination of its access to SSA and
DHS information pursuant to this MOU.
9. The Employer agrees to follow appropriate procedures (see Article III. below) regarding
tentative nonconfirmations, including notifying employees of the finding, providing written
referral instructions to employees, allowing employees to contest the finding, and not taking
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adverse action against employees if they choose to contest the finding. Further, when
employees contest a tentative nonconfirmation based upon a photo non-match, the Employer is
required to take affirmative steps (see Article III.B. below) to contact DHS with information
necessary to resolve the challenge.
10. The Employer agrees not to take any adverse action against an employee based upon
the employee's perceived employment eligibility status while SSA or DHS is processing the
verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(I))
that the employee is not work authorized. The Employer understands that an initial inability of
the SSA or DHS automated verification system to verify work authorization, a tentative
nonconfirmation, a case in continuance (indicating the need for additional time for the
government to resolve a case), or the finding of a photo non-match, does not establish, and
should not be interpreted as evidence, that the employee is not work authorized. In any of the
cases listed above, the employee must be provided a full and fair opportunity to contest the
finding, and if he or she does so, the employee may not be terminated or suffer any adverse
employment consequences based upon the employee's perceived employment eligibility status
(including denying, reducing, or extending work hours, delaying or preventing training, requiring
an employee to work in poorer conditions, refusing to assign the employee to a Federal contract
or other assignment, or otherwise subjecting an employee to any assumption that he or she is
unauthorized to work) until and unless secondary verification by SSA or DHS has been
completed and a final nonconfirmation has been issued. If the employee does not choose to
contest a tentative nonconfirmation or a photo non-match or if a secondary verification is
completed and a final nonconfirmation is issued, then the Employer can find the employee is not
work authorized and terminate the employee's employment. Employers or employees with
questions about a final nonconfirmation may call E-Verify at 1-888-464-4218 or OSC at 1-800-
255-8155 or 1-800-237-2515 (TDD).
11. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section
274B of the INA by not discriminating unlawfully against any individual in hiring, firing, or
recruitment or referral practices because of his or her national origin or, in the case of a
protected individual as defined in section 274B(a)(3) of the INA, because of his or her
citizenship status. The Employer understands that such illegal practices can include selective
verification or use of E-Verify except as provided in part D below, or discharging or refusing to
hire employees because they appear or sound "foreign" or have received tentative
nonconfirmations. The Employer further understands that any violation of the unfair
immigration-related employment practices provisions in section 274B of the INA could subject
the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII
could subject the Employer to back pay awards, compensatory and punitive damages.
Violations of either section 274B of the INA or Title VII may also lead to the termination of its
participation in E-Verify. If the Employer has any questions relating to the anti-discrimination
provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD).
12. The Employer agrees to record the case verification number on the employee's Form I-9
or to print the screen containing the case verification number and attach it to the employee's
Form I-9.
13. The Employer agrees that it will use the information it receives from SSA or DHS
pursuant to E-Verify and this MOU only to confirm the employment eligibility of employees as
:���E J Oi 1��E-Verir;�ivlOU fior�moloyer�Revision Date 10/29108
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authorized by this MOU. The Employer agrees that it will safeguard this information, and means
of access to it (such as PINS and passwords) to ensure that it is not used for any other purpose
and as necessary to protect its confidentiality, including ensuring that it is not disseminated to
any person other than employees of the Employer who are authorized to perform the
Employer's responsibilities under this MOU, except for such dissemination as may be
authorized in advance by SSA or DHS for legitimate purposes.
14. The Employer acknowledges that the information which it receives from SSA is
governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42
U.S.C. 1306(a)), and that any person who obtains this information under false pretenses or uses
it for any purpose other than as provided for in this MOU may be subject to criminal penalties.
15. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring
and evaluation of E-Verify, including by permitting DHS and SSA, upon reasonable notice, to
review Forms f-9 and other employment records and to interview it and its employees regarding
the Employer's use of E-Verify, and to respond in a timely and accurate manner to DHS
requests for information relating to their participation in E-Verify.
D. RESPONSIBILITIES OF FEDERAL CONTRACTORS
1. The Employer understands that if it is a Federal contractor subject to the
employment verification terms in Subpart 22.18 of the FAR it must verify the employment
eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801) in addition to
verifying the employment eligibility of all other employees required to be verified under the FAR.
Once an employee has been verified through E-Verify by the Employer, the Employer may not
reverify the employee through E-Verify.
a. Federal contractors not enrolled at the time of contract award: An Employer that
is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as
a Federal contractor in the E-Verify program within 30 calendar days of contract award and,
within 90 days of enrollment, begin to use E-Verify to initiate verification of employment etigibility
of new hires of the Employer who are working in the United States, whether or not assigned to
the contract. Once the Employer begins verifying new hires, such verification of new hires must
be initiated wi#hin 3 business days after the date of hire. Once enrolled in E-Verify as a Federal
contractor, the Employer must initiate verification of employees assigned to the contract within
90 calendar days after the date of enrollment or within 30 days of an employee's assignment to
the contract, whichever date is later.
b. Federal contractors already enrolled at the time of a contract award: Employers
enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award
must use E-Verify to initiate verification of employment eligibility for new hires of the Employer
who are working in the United States, whether or not assigned to the contract, within 3 business
days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90
calendar days or less at the time of contract award, the Employer must, within 90 days of
enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are
working in the United States, whether or not assigned to the contract. Such verification of new
hires must be initiated within 3 business days after the date of hire. An Employer enrolled as a
Federal contractor in E-Verify must initiate verification of each employee assigned to the
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contract within 90 calendar days after date of contract award or within 30 days after assignment
to the contract, whichever is later.
c. Institutions of higher education, State, local and tribal governments and sureties:
Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)),
State or local governments, governments of Federally recognized Indian tribes, or sureties
performing under a takeover agreement entered into with a Federal agency pursuant to a
performance bond may choose to only verify new and existing employees assigned to the
Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or
all existing employees hired after November 6, 1986. The provisions of Article II.D, paragraphs
1.a and 1.b of this MOU providing timeframes for initiating employment verification of employees
assigned to a contract apply to such institutions of higher education, State, local and tribal
governments, and sureties.
d. Verification of all employees: Upon enrollment, Employers who are Federal
contractors may elect to verify employment eligibility of all existing employees working in the
United States who were hired after November 6, 1986, instead of verifying only those
employees assigned to a covered Federal contract. After enrollment, Employers must elect to
do so only in the manner designated by DHS and initiate E-Verify verification of all existing
employees within 180 days after the election.
e. Form I-9 procedures for Federal contractors: The Employer may use a
previously completed Form I-9 as the basis for initiating E-Verify verification of an employee
assigned to a contract as long as that Form I-9 is complete (including the SSN), complies with
Article II.C.S, the employee's work authorization has not expired, and the Employer has
reviewed the information reflected in the Form I-9 either in person or in communications with the
employee to ensure that the employee's stated basis in section 1 of the Form I-9 for work
authorization has not changed (including, but not limited to, a lawful permanent resident alien
having become a naturalized U.S. citizen). If the Employer is unable to determine that the Form
I-9 complies with Article II.C.S, if the employee's basis for work authorization as attested in
section 1 has expired or changed, or if the Form I-9 contains no SSN or is otherwise incomplete,
the Employer shall camplete a new I-9 consistent with Article II.C,5, or update the previous I-9
to provide the necessary information. If section 1 of the Form 1-9 is otherwise valid and up-to-
date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a
U.S. passport or Form I-551) that expired subsequent to completion of the Form I-9, the
Employer shall not require the production of additional documentation, or use the photo
screening tooi described in Article II.C.5, subject to any additional or superseding instructions
that may be provided on this subject in the E-Verify User Manual. Nothing in this section shall
be construed to require a second verification using E-Verify of any assigned employee who has
previously been verified as a newly hired employee under this MOU, or to authorize verification
of any existing employee by any Employer that is not a Federal contractor.
2. The Employer understands that if it is a Federal contractor, its compliance with this MOU
is a performance requirement under the terms of the Federal contract or subcontract, and the
Employer consents to the release of information relating to compliance with its verification
responsibilities under this MOU to contracting officers or other officials authorized to review the
Employer's compliance with Federal contracting requirements.
:��s 7 ,t'3�E-Veriry NiOU for�mployer�Revision Daie 10l29I08
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ARTICLE III
REFERRAL OF INDIVIDUALS TO SSA AND DHS
A. REFERRAL TO SSA
1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must
print the tentative nonconfirmation notice as directed by the automated system and provide it to
the employee so that the employee may determine whether he or she will contest the tentative
nonconfirmation.
2. The Employer will refer employees to SSA field offices only as directed by the
automated system based on a tentative nonconfirmation, and onfy after the Employer records
the case verification number, reviews the input to detect any transaction errors, and determines
that the employee contests the tentative nonconfirmation. The Employer will transmit the Social
Security Number to SSA for verification again if this review indicates a need to do so. The
Employer will determine whether the employee contests the tentative nonconfirmation as soon
as possible after the Employer receives it.
3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide
the employee with a system-generated referral letter and instruct the employee to visit an SSA
office within 8 Federal Government work days. SSA will electronically transmit the result of the
referral to the Employer within 10 Federal Government work day.s of the referral unless it
determines that more than 10 days is necessary. The Employer agrees to check the E-Verify
system regularly for case updates.
4. The Employer agrees not to ask the employee to obtain a printout from the Social
Security Number database (the Numident) or other written verification of the Social Security
Number from the SSA.
B. REFERRAL TO DHS
1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must
print the tentative nonconfirmation notice as directed by the automated system and provide it to
the employee so that the employee may determine whether he or she will contest the tentative
nonconfirmation.
2. If the Employer finds a photo non-match for an employee who provides a document for
which the automated system has transmitted a photo, the employer must print the photo non-
match tentative nonconfirmation notice as directed by the automated system and provide it to
the employee so that the employee may determine whether he or she will contest the finding.
3. The Employer agrees to refer individuals to DHS only when the employee chooses to
contest a tentative nonconfirmation received from DHS automated verification process or when
the Employer issues a tentative nonconfirmation based upon a photo non-match. The Employer
will determine whether the employee contests the tentative nonconfirmation as soon as possible
=�,�e 8 oi i3�E-Veri'ry iviOU for=mployerlR2vision�ate 10/29/08
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after the Employer receives it.
4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will
provide the employee with a referral letter and instruct the employee to contact DHS through its
toll-free hotline (as found on the referral letter)within 8 Federal Government work days.
5. If the employee contests a tentative nonconfirmation based upon a photo non-match, the
Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit
the result of the referral to the Employer within 10 Federal Government work days of the referral
unless it determines that more than 10 days is necessary. The Employer agrees to check the E-
Verify system regularly for case updates.
6. The Employer agrees that if an employee contests a tentative nonconfirmation based
upon a photo non-match, the Employer will send a copy of the employee's Form I-551 or Form
I-766 to DHS for review by:
• Scanning and uploading the document, or �
• Sending a photocopy of the document by an express mail account (furnished and paid
for by DHS).
7. The Employer understands that if it cannot determine whether there is a photo
match/non-match, the Employer is required to forward the employee's documentation to DHS by
scanning and uploading, or by sending the document as described in the preceding paragraph,
and resolving the case as specified by the Immigration Services Verifier at DHS who will
determine the photo match or non-match.
ARTICLE IV
SERVICE PROVISIONS
SSA and DHS will not charge the Employer for verification services performed under this MOU.
The Employer is responsible for providing equipment needed to make inquiries. To access the
E-Verify System, an Employer will need a personal computer with Internet access.
ARTICLE V
PARTI ES
A. This MOU is effective upon the signature of all parties, and shall continue in effect for as
long as the SSA and DHS conduct the E-Verify program unless modified in writing by the mutual
consent of all parties, or terminated by any party upon 30 days prior written notice to the others.
Any and all system enhancements to the E-Verify program by DHS or SSA, including but not
limited to the E-Verify checking against additional data sources and instituting new verification
procedures, will be covered under this MOU and will not cause the need for a supplemental
MOU that outlines these changes. DHS agrees to train employers on all changes made to E-
Verify through the use of mandatory refresher tutorials and updates to the E-Verify User
Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take
�s:r��o�iJ��-Verify MOU for=mployer�F�vision Date 10/29/08
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mandatory refresher tutorials. An Employer that is a Federal contractor may terminate this
MOU when the Federal contract that requires its participation in E-Verify is terminated or
completed. In such a circumstance, the Federal contractor must provide written notice to DHS.
If an Employer that is a Federal contractor fails to provide such notice, that Employer will remain
a participant in the E-Verify program, will remain bound by the terms of this MOU that apply to
non-Federal contractor participants, and will be required to use the E-Verify procedures to verify
the employment eligibility of all newly hired employees.
B. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU if deemed
necessary because of the requirements of law or policy, or upon a determination by SSA or
DHS that there has been a breach of system integrity or security by the Employer, or a failure
on the part of the Employer to comply with established procedures or legal requirements. The
Employer understands that if it is a Federal contractor, termination of this MOU by any party for
any reason may negatively affect its performance of its contractual responsibilities.
C. Some or all SSA and DHS responsibilities under this MOU may be performed by
contractor(s), and SSA and DHS may adjust verification responsibilities between each other as
they may determine necessary. By separate agreement with DHS, SSA has agreed to perform
its responsibilities as described in this MOU.
D. Nothing in this MOU is intended, or should be construed, to create any right or benefit,
substantive or procedural, enforceable at law by any third party against the United States, its
agencies, officers, or employees, or against the Employer, its agents, officers, or employees.
E. Each party shall be solely responsible for defending any claim or action against it arising
out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability
wherefrom, including (but not limited to) any dispute between the Employer and any other
person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or
allegedly taken by the Employer.
F. The Employer understands that the fact of its participation in E-Verify is not confidential
information and may be disclosed as authorized or r�quired by law and DHS or SSA policy,
including but not limited to, Congressional oversight, E-Verify publicity and media inquiries,
determinations of compliance with Federal contractuat requirements, and responses to inquiries
under the Freedom of Information Act (FOIA).
G. The foregoing constitutes the full agreement on this subject between DHS and the
Employer.
H. The individuals whose signatures appear below represent that they are authorized to
enter into this MOU on behalf of the Employer and DHS respectively.
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MISSOURI
1
site(s)
Information relating to the Program Administrator(s)for your Company on policy questions or
operational problems:
Name:
Monica R Lillibridge
Telephone Number:
(573)334-0707
Fax Number:
(573)334-0708
E-mail Address:
mon ica@kiefnerbrothe rs.com
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Company ID Number: 212960
To be accepted as a participant in E-Verify, you should only sign the Employer's Section
of the signature page. If you have any questions, contact E-Verify at 888-464-4218.
Employer Kiefner Brothers, Inc.
Kent Kiefner
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Information Required for the E-Verify Program
Information relating to your Company:
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Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in
each State:
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LAKENAN ������� ���T����, ��r.
June 9, 2016
Attention: Joyce
Kiefner Brothers Inc*
1459 N. Kingshighway
Cape Girardeau, MO 63701
Bond Number: 106417018
Bond Period: Please Advise
Dear Joyce:
RE: City of Cape Girardeau
$11,000,000
Enclosed please find the executed contract bond for the captioned project. As you are
aware, the contracts have not been dated; therefore, the bonds and the powers-of-
attorney cannot be dated.
Please accept this letter as your authorization as the owner or owner's representative
from the bonding company, Travelers, to date the bonds and the powers-of-attorney the
same date as the contract.
And last, please advise our office of the date used for the bonds and for the powers-of-
attorney in order for us to update our files. Should additional information be necessary,
please let me know. We look forward to hearing from you.
Sincerely,
�.�/1� v'�
Erin Wrather
Email: info@lakenan.com
890 Rozier Street • Ste. Genevieve, MO 63670
Phone: 573-883-7446 • Fax: 573-883-3981 • info@lakenan.com • www.lakenan.com
� ,
Bond Number: 106417018
�
�� ii= Document A312T"' - 20� 0
Performance Bond
COMTRACTOR: SURETY:
(Name,legal status and address) (Name, legal status and principal place
Kiefner Brothers Inc. of business)
1459 N.Kin shi wa Travelers Casualty and Surety Company of Americ 9
g � y 940 West Por[Plaza,Suite 270 l�his document has important le ai
Cape Girardeau,MO 63701 Maryland Heights,MO 63I46 consequences.Consultata�with
OWNER: an attorney is encouragad with
respect to its c�mpletbn or
(Name, le�q�status and address) modir�cano�.
City of Cape Girardeau Any singutar reterence to
401 Independence Street Contractor,Suraty,Owner or
Cape Girardeau,MO 63703 other party sha11 be considered
CONSTRUCTION CONTRI�b plural where appflcable.
Date: ��t�� ��t � � AIADocumentA312-2010
combines lwo separale bonds,a
Amount: Eleven Million Dollars($11,000,000) �erformance Bond a�d a
Payment Bond,into one form.
This is not a single combined
Description:Police Station,Jail and Municipal Court Parformance and Payment Bond.
(tVame and lacation) Cape Girardeau,MO
BOND
Date: �.I u�'le. a�, �����'
(Not earlier than Gonstru�tion Caatracl DatP)
Amaunt: Eleven Million Dollars(�11,000,000)
Modifications to this Bond: �None ❑Sec Sectian lb
CONTRACTORAS RRINCtPAL $�R�r velers Casualty� r
Company:KiefneI Brothers�Corporate Seal) Compan��ompany of Americ'a`��p��Qre Seal) ��,`°
�tza, Signature: Signature; ��n,. � ' .;�����'
�a` � .,,i.� Name omas B. Kiefne Name Erin Wrather,Attorney in Fact �`'' •
���;,�° ,''` �?�.T���E� President and Titie:
i �o w. ;!,✓���4r�y��dditional signatures appear on the lcrst page ojlhis Performance Bond.J
s�v..ig�' •►� s� v �;' , ' �
�. `" � '` ''(�'bR�TNFORMfITION ONLY—Name,nddress and telephone}
d�" '`"'� ��.•�Qt��'or BROKER: OWNER'3 REPRESEN7A71VE:
• � 7 ���(�°" s .�,�'!,'��an (ArchitecF,Engineerorotherparry:)
� �' •;,'' •...me•^` �Rozier Street Chiodini Architect
;,•°�°�;y `.'Ste.Genevieve,MO 63670 1401 S.Brentwood Blvd,#425
'�'F'�- ��:ti�::•' ` 573-883-7446 St.Louis,MO 63144
Init. AU1 Documant A3t2*"'—.2010.The Americen Institu[a of ArchAeCts. ���+^
1
I
g 1 The Contractor and Surety,jointty and severally,bind themselves,their heirs,executors,administrators,successors
and assigns to the Owner for the performance of the Construction Contract,which is inoorporated herein by reference.
§2 If the Contractor performs the Construction Contract,the Surety and the Contractor shafl have no obligation under
this Bond,except when applicable tn participate in a conference as provided in Section 3.
§3 If there.is na Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise
after
.1 Che tOwner First provides notice to the Contractor and the Surety that the Owner is considering dec4aring
a Contractor Default.5uch notice shatl indicate wheiher the Owner is requesting a conference among
the Owner,Gontractor and Suretv to discuss the Contractor's performance.lf the Owner does not
request a conference,the Surety may,within five(Sj business daysafter receipt of the Owner's notice,
request such a conference.If the Surety timely reqirests a conference,the Owner shall attend.Unless
the Owner agrees ot2�erwise,any conference requested under this Sectian 3.1 shall be held within ten
(10)business days of the 5urety's rec�ipt of the Owner's notice.if the Owner,the Contractor and the
Surety agree,the Contraclor sha1J be atlowed a re�sonahle time Co perform the Constru�tion Cuntract,
but such an agreement shall not waive the Owner's right,if any,subsec�uently to declare a Contractor
Default;
.2 the Ownec deelares a Gontraetor Default,terminates the Constcuction Contract and notifies the Surety;
and
.3 the Owner has agreed to pay the Balance of the Contract Pcice in accordance with the terms of the
Construction Contract to the Surety or to a contractar selecced to�erform the Construction Contract.
§4 Failure on the patt of the Owner to comply with the notice requirement in Section 3.1 shail not conscitute a failure
to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,exceptto
the extent the Surety demonstraCes actual prejudice,
§S When the Owner has satisfied the conditions of Scction 3,the Surery shall promptly and at the Surety's expense
take one of the following actions:
§5.1 Arrange for the Contractar,with the consent of lhe Owner,to perform and complete the eonsttuction Contract;
§5.2 Undertake to perfarm and complete[hg Constructivn�ontracf itself,through its agents or ind�pendent
contrxcwrs:
§5.3 Obtain bids or nego�iated proposals from yualified contractors ueceptable to the Owner for a c�ntract for
performance and completion of the Consrruction Contract,anange for a contract to be prepared for execution by khe
Owner and a contractor selected wich the Owner's concurrence,to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the ConsWction Contract,and pay to the Owner the
amount of damages as descri!>ed in Section 7 in excess of the 8alance ofthe Contract Price incurred by the Owner as
a result of the Contractor Default;or
§5.4 Waive its right ta perform and complete,arrange for completion,or obtain a new contractor and with rcasunable
promptness under the circumstances:
,1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as
practicable after the amount is determined,make payment ta the Owner;or
.Z Deny tiability in whole or in part and notify the Owner,citing the reasons for denial.
§6 Tf the Surety does not proceed as provided in Section S with reasonable prompmess,the Surety shall be deemed to
be in defautt on this Bond seven days after receipt of an additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under this Dond,and the Owner shall be entitled to enforce any
rem�dy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment
or the Surety has denied liability,in whole or in part,without further notioe the Owner shall be entitled to enforce any
rcmedy available to the Owner.
��� A1A Docum�nt A312TM—2010.The American Institute oC Architecta.
2
�
, �
§7 lf the Surety elects to act under Section 5.1,5.2 or 5.3,then the responsibilities of the Surety to the Owner shall not
be greater than those of the Contractor under the Construcuon Gantract,and the respunsibilities of the Owner to the
Surety slaail not be greater than those of the Owner under the Construction Contract.5ub}ect to the commitment by the
Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for
,1 the responsibilities of the Contractor for correczion of defective work and completion of the
Construction Contract;
.2 additional lagal,design professional and delay costs resulting from the Contractor's Default,and
resulting from the actions or failure to act of the Surety under Section 5;and
.3 liquidaied damages,or if no liquidated damages are speciCied in the Ganstruction Contract,actual
damages caused by de(ayed performance or non-performanee of the Contrackor.
§8 If the Surety elects to act undec Section S.I,5.3�r 5,4,the Surety's liability is limited to the amount of this Bond.
§9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the
Construction Gontract,and the Balance af the Contract Prict shall not be reduced or set off on aecount of any such
unrelated obli�ations.No right ofaction shall acc�ue on this Bond to any person or entity other than the Owner or its
heirs,exeoutors,administrators,successors and assigns:
§10 The Surety hereby waives notice ot�any change,including changes of time,to the Construction Contract or to
related subconuacts,purchase orders and other obligafions.
§11 Any proceeding,legal or equitable,under this Bond may be institutcd in any court of competentjurisdiction in
the location in which the work or part of the work is located and shal]be instituted within two years after a declaration
of Contractor Default or within two years after the Contractor ceased working or within two years after the Surery
refuses or fails to perform its obligations under this Bond,whichever occurs ftrsG lf the provisions of this Paragraph
are void or prohibited by law,the minimum period�f limitation available to sureties as a defense in the jurisdiction oF
the suit shaLf be applicable.
§1Z Notice to rhe Surety,the Owner or the Gontractor shall be mailed or delivered to the address shown on the page
on which their signature appears. .
Q 13 When this Bond has been furnished to cornply with a statutory or other legal requirement in the location where
the cnnstrucNon was to t>e performed,any provision in this Bond conflicting with said statutory or legal requircment
shall be deemed deleted herefram and provisions confonning to sucla statutary or other legal requiremerlt shall be
deemed ineorporated herein.W hen so fumished,the intent is that this Bond sha11 be construed as a statutory bond and
not as a common law bond.
§14 DeBnitians
§14.1 Balance of the Contract Price.The total amount payable by the Owner ro the Contractoc under the Constructian
Cantract after all proper adjustments have been made,including allowance to the Contractor of any amounts received
or to be received by the Owner in settlement of insurance or other claims for damages to which tha Gontractor is
entitted,reduced by all valid and proper paymet�ts made to or dn behalf af the Contrackor under the Construction
Contract.
§1d.2 Const�uetion Contract T'he agreement hetween[he Owner�nd Contractor identified on the cover page,
including all Contract Documents and changes made to the a�reement and the Contract Documents.
§14.3 Contractor Default.Fnilure of the Contractor,whieh has not been remedied or waived,to perform or othenvise to
comply with a material term of the Conswction Contract.
§14.4 Owner Default.hailure of the Qwner,which has not txen remedied or waived,to pay tha C.ontractor as required
under the Gonstruction Contract or to perforrn and cornplete or comply with fhe other material terms af the
Construction Contract.
§14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor,
§15 l.f this Bond is issued for an agreement between a Contractor and subcontractor,the term Contraator in this Bond
shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor.
Ihlt. AIA Document A712TM—2010.The Amerlcan Institute of Arthitects.
!
§16 Modifications tu this bond are as E'atlnws:
(Space is provided below jnr additional signutures of added parties,other than those appearing an 1he cove►'page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporare Seal) Gompany: (Corporate Sea!)
Signature: Si�n�ture:
Name and Title: Name and Titlec
Address Address
CAUTION:You should si9n an original AIA Contract Document,on whkh this ta�ct appears in RED.An original assuras that
chanyes will not be obscured.
��`� AIA Dxument A312T"—2010.Tfre AmeAc�n lnstilute of ArGlitects,
4
I
Bond Number: 106417018
-� �IA aocu ment A312 TM - 20� 0
Payment Bond
CONTRACTOR: SURE7Y:
(Nan�e,lega!status and address) (Name,legal status aNd principal place
Kiefner Brothers Inc. of business)
1459 N.Kingshighway Travelers Casualty and Surety Company of Ameri g
940 West Port Plaza,Suite 270 �his document has important le al
Cape Girardeau,MO 63701 Maryland Heights,MO 63146 consequences.Consulta►ion with
an attorney is encouraged with
OWNER: respect to its campietion or
(Nbme, le�+al status and addressJ madification.
City of Cape Girardeau Any singuiar reference to
401 Independence Street Contractor,Surtty,Owner or
Cape Girardeau,MO 63703 other party shall be considered
piural where applicable.
CON3TRUG710N CONTRACT AlA Document A312--2010
Date:
combines two separate bonds,a
Performance Bond and a
Amount: Eleven Million Dollars($11,000,000) Payment Bond,into one form.
Thls is not a single combined
Description: Police Station,Jail and Municipal Court Parformance and Payment Borid.
(Name and location) Cape Girazdeau,MO
BOND
Date:
(Not earlier thdn Cons�ruction Conrrac[Date)
Amount: Eleven Million Dollars($11,000,000)
Modifications to this Bond: �None ❑See scction 18
CONTRACTOR AS PRINCIPAL SItRET�ravelers Casualty a�Surerty �; " r"�
Company:Kiefner Brothers�Carporate Seal) Company: nrpo ote Sea1) - .�
Inc. Gompany of Amenca w �� '. �
� �-. .
�WV r� v`� ` :��{�.r,�4` �'i .
�,�,►Yt{Nldltat��Fr Signature: � Signaturec �
�r; /y ` �.(��. r i �"S
' `" �"^ �1��1'$eme ��as B, le n Name Erin Wrather,Attomey in Fact �x '
��'�' • `�'� y�'3'itla: President and Tide: ;,,� `
: .'� �✓
,�9 ;� g �,,r� �_����ddrtinna!signalures appear on the last page of this Pavment I3o»d.) �
� �t Ga � �:� .:. ;,;�; �
.y, � P;, }'��'�jR�IVFORMATION ONLY—Name,address and telep/aoneJ
� �r �� g� ''��..��,��nr BROKER: OWNER'S REPRESENTATIVE:
;'� ' (Architect,Engineer or othu parry:)
`E;�'1 :��L��an
�.> `'••�°°e•�:.$gf�l2ozier Street Chiodini Architect
��'�•���'�� �� "� �Ste.Genevieve,MO 63670 1401 S.Brentwood Blvd,#425
��"f`'= ':�: ' S73-883-7446 St.Louis,MO 63144
AIA Docume�t A312TM—201 O.Tt�e American InstlWte d Architects. °6110
Init. 5
!
§1 The C�ntract�r and Surety,jointly and severally,bind themselves,their heirs,executors,adminisuatnr�,successors
and assigns to the Owner to pay Por labc�r,materiats and equipment furnished for use in the perf'osmance of the
Gonstruction Cc�ntract,which is incorporated herein by reference,subject to the following terms.
§21f the Conrractor promptly makes payinent of all sums due to Claimants,and defends,indems�ifies and holds
harmless the Owner from claims,demands,liens or suits by any person�r entity seeking payment for labor,materials
or equipmeni firmished for use in the performance oF the Construction Contract,then t��e Surety and the Contractor
shall have no obiigation under fhis Band.
§3 It there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond
shall arise after ihe Owner has promptly notified the Contractor and the Surety(at the address described in Sectian l3)
of ciaims,demands,fiens or suits against the Owner or the Owner's property by any person or entity seeking payment
for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered
defense of such claims,demands,liens or suits to the Contractor and the Surety.
§4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at th�Surety's expense
dcfEnd,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit.
§5 The Surety's obligations to a Claimant under this Bond shall urise aftcr the following:
§5.1 Claimants,who do not have a direct contract witih thc Contractor,
.1 have fumished a written noticc of non-payment to the Contractor,stating with substantial accuracy the
amount claimed and the name of the party to whom the materials were,or equipment was,furnished or
supplied or for whom the labor was done or perfortned,within nincty(9Q)days after having last
performed]abor ar last furnished materials or equipment included in the Claim;and
.2 have sent a Claim to the Surery(at the address descr'tbed in Seckion 13).
§5.2 Claimants,who are employed by or have a direct contracT with the Gontractor,have sent a CVaim to the Surety(at
the address dcscribed in Scction 13).
§6 If a notice of non-payment required by Section S.l.l is given by the qwner to the Contractar,that is sufTicient to
satisfy a Claimant's obligation to fumish a written notice of non-paymeat under Section S.l.l.
§T When a Claimant has satisfied the conditions of Sectiosts 5.1 or 5.2,whichever is applicable,the Surety shall
promptly and at the Surety's expense take fhe followingactions:
§7.1 Send an answer to the Cloimant,with a copy to the Owncr,within sixty(60)days after receipt of the Claim,
stating the amounts that are undisputed and the basis far chaltcnging any amaunts that ate disputed;and
§7,2 Pay or arrange for payment of any undisputed amounts.
§T.3 The 5urery's failure w discharge its ohligations under Sectian 7.1 or Secdan 7.2 shall not be deemed to
constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim,except as to undisputed
amounts for which the Snrety and Claimant have reached agrecment.lf,howcver,the Surety fails to discharge its
obiigatic�ns under Section 71 or Section 7.2,the Surety shall indemnify the Claimant for the ecasonabie attorney's
fees the Claimant incurs thereafter to recovcr any sums found to be due and owing to the Claimant.
§8 The Surety's total obligation shall not exceed ihe amounl of chis Bond,plus the amount of ressonahie attorney's
fe�s providcd under 5ection 7.3,and the amount of this Bond shall be credited for any pnyments made in good faith
by thc Surety.
�9 Arnounts owed by the Owner to the ContraCtor undcr the Construction Cantract shaU be used fvr the performance
of the Construction Contract and to sarisfy siaims,if'any,undcr any construction performance bond.By the
ContracCor furnishing and the Owner accepting this$ond,they agree that all funds earned by the Contractor in the
performance of the Construction Contract are dedicated to satisfy obligations of the Concractor and Surety under this
Band,subject to the Owner's priority to use the funds for the completian af che work.
Init. AIA Documant A31Z'"—�010.The Amencan InsGtute ot Architects,
s
!
�10 The Surety shall not be liable to the Owner,Clairaants or others tor obligations of the Contractor that are
unrelated to tlie Constructian Contract.The Owner shall noe be liable for the payment of any costs or expenses of any
Claimant under this Bond,and shall have under this Bond no obligation to make payments ta,or give notice on behalf
of,Claimants or otherwise have any obligations to Cfaimants under this Bond.
§11 The Surety hereby waives nolice of any change,including changes of time,to the Construction Contract or to
related suhcontracts,p�rchase orders and other obti�acions:
§12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent
jurisdiction in the state in which the project that is the subject of the Construction Contract is loeated or after the
expiration of ona year from the date(1)on which the Claimant sent a Claim to the Surety pursuant to
Section 5.1.2 or 5.2,or(2)on which the last labor ot service was performzd by anyone or the last rnaterials or
equipment were furnished by anyone under the Construction Con:t�act,whichever of(1)or(2)first occurs. lf the
provisions of this Paragraph ure void orprohibited by law,the minimum period of limitation available to sureties as a
defense in the jurisdiction of ttte suit shall be applieable,
§13 Notice and Claims to the Surety,the Owner ar the Contractor shall be mailed or delivered to the address shawn
on the page on which their signature appears.Actual receipt of notice or Claims,huwever accomplished,shall be
sut�'icient cornpliance as of the date receiveci.
§14 Wh�n this Bond has been fumished to compty with a staeu[ary or other legal requirement in the location where
the construction was to be performed,any provision in this Bond conflicting with said statutory or]egal r�quirement
shall bc deemed deleted herefrom and provisions confonning to such stawtory or other legal requirement shall be
deemed incorporated hecein. When so fumished,the intent is that this Bond shall be c:onstrued as a statutory bond and
not as a conunon law bond.
§15 Upon request by any person or entity appearing to be a pntentisl btne6ciary of this.Bond,the Contractor and
Ownershall promptly fumish a copy of this Bond or shal]permita copy to be made.
§16 beflnitions
§16.1 CIa1m.A written scatement by the Claimant ineluding at a minimum:
.1 the name of the Claimant;
.2 the name of the person for whom the labor was done,or materials or equipment furnished;
,3 a copy of the agreement or pnrchase order pursuant to which labor,materiats or equipment was
fumished for use in the perforn�ance of the Construction Contract;
.d a brief description of ttae labor,ma�rials or equipment fumished;
.5 the date on which(he Claimant last perforrned labor or last furnished materials or equipment for use in
the perforrnance of the Construction Contract;
.6 the total amount earned by the Claimant for lnbor,materials or equipment fumished as of the date of
the Claim;
.T the total amount of previaus payments reeeived by the Claimanr and
.$ the total amount due and unpaid to the Claimant for labor,materials or equipment fumished�s of che
date of the Claim.
§1$.2 Claiman#.An individual or entity having a direct eontraet with the Contractor or with a subcontractor of the
Cantractor to fumish labor,materials or equipment for use in the performance of the Construction Contract,The term
Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mcchanic's lien
or similar stalute against the real property upon which the Project is located.The intent of this Bond shaq be to
include without lirnitation in the terms`9abor,materials or equipmenP'that paR of water,gas,power,light,hea�,oil,
gasoline,telephone service or rental equipment used in the Gonswction Contract,architectural and engineering
services requiced for performance of the work of the Contractt�r and the Contractor's subcontractors,and all ather
items for which a mechanids lien may be asserted in the jurisdiction where the]abor,materials or equipment were
fumished.
§16.3 Construction Conttact.The agreement between the Owner and Contractor identified on the cover page,
including all Gontract Documents and all changes made to the agreement and the Contract Documents.
Init. �A DocumeM A112T"—2010.The AmQAcan Institute of Archilacts.
�
1
§16.4 Owner Default.Failure ofthe Owner,which has not heen remedied or�vaived,to pay the Concractor as required
under ihe C'onstruction Contract or to perform and complete or comply with the other materifll terms of the
Construction ContracY.
§16,5 ConCtaat DocumentS.Ail the documents that comprise the agreement between the Owner and Contractor.
§17 if this Bond is issued for an agreement between a Contract�r and subcQntractor,the term Contractor in this Bond
shall be deemcd to be$ubcontractor and the term Owner shalt be deemed to be ContracTor.
§18 Modifreations ta this bond are as foliows
(Space is provided befow for additiona!signatures of ada'ed parties,other tlran�huse c�ppearing on the cover page.)
CON7RACTOR AS PRINCIPAL SURETY
Company; (Corporate Seal) Company: (Corporate Sea/}
5ibnacure; Signature:
Name and Title: Name and Title:
Address Address
CAUTION:You should slgn an original AIA Contract Document,on whfch this t�zt appaars in RED.An origina!assur�s that
changes will not be obscured. i
�n�� AIA Document A31Z*'�—2010.The American Institute ot Architects. I
8 I
1
` WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
��, POWER OF ATTORNEY
TRAVELERS� Farmington Casualty Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company 1Yavelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. I 'h�avelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
Attorney-In Fact No. 229684 Certificate No. O O�V�J���
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company,St.Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States
Fideliry and Guaranty Company are corporations duly organized under the laws of the State of Connecticut,that Fidelity and Guaranty Insurance Company is a
corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranry Insurance Underwriters,Inc.,is a corporation duly organized under the
laws of the State of Wisconsin(herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint
Barbara M.F7ieg,Kacey R.Gegg,R.Lee Lottes,Vickie L.Winkler,Gregory T.Lottes,Bethany Chappell,and Erin Wrather
of the City of StO.�ieilevleVO ,State of MISSOUI'i ,their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undeRakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
2nd
IN WITNESS WHEREOF,the Companies have caused this instmment to be signed and their corporate seals to be hereto affixed,this
day of March 2016
Farmington Casualty Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company 1Yavelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. 'h�avelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company
G��pSnUn,IC ��yQ���7��`ry'' J�F\RE4� O\�N iMSG9 �r'JpY�NgUqc.i 9JP�TYqry�s �����Y ��Y�
r V-�'Yrr6 V, ¢ �9 e�OPFOR ! JV.:. ......'L�i L � ��l
f� � PPORAT'�^: ���6�� � M�p�
��' fi c+ � � MICOAPOIWTED � m a1t _,"'�e+ wico—'— f[ s �P ` 1896 �
Z��; 1977 g 1951 ;i, 7�: �- HaArFORo,
n: I��. 'o' CONN. p° ��0...+"jl� ,Aj !
SEAL;o, o•,S8RLf3 W � ,�Q
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� � be ,� `o. ��-.,' : v?�... .:aa° dd aa� '•ri � �i ���-
t a,.........;�a'�f N A
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State of Connecticut BY� '` '
City of Hartford ss. Robert L R��,, �iit'V�e�resident e� i
ka Y �,�
2016 N w r .
On this the �nd day of MarCh , ,before me personally appeared Robert k:�tiey,Who acl�n��uledged himseif to
be the Senior Vice President of Farmington Casualty Company, Fidelity acid Guaranry Insurance Company,Fidelity and Guaranty insu�'a�ice E�nderwriters,Inc.,St.Paul
Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers Casualty an�Surety Company,Travelers
Casualty and Surery Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do,executed the foregoing
instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
G.TET
In Witness Whereof,I hereunto set my hand and official seaL � �� �W� � ' �
My Commission expires the 30th day of June,2016. �p���G * Marie C.Tetreaulc,Notary Public
�s
58440-8-12 Printed in U.S.A.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopCed by the Boards of Directors of Farmington Casualty Company,Fidelify
and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St. Paul Fire and Mazine Insurance Company,St. Paul Guardian Insurance
Company,SL Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States
Fidelity a�d Guaranty Company,which resolutions are now in full foroe and effect,reading as follows:
RESOLVED,that the Chairman,the President,any Vice Chairma�,any Executive Vice President,any Senior Vice President,any Vice Presideut,any Second Vice
President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-i�-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditioi�al undertaking,and any
of said o�cers or the Board of Directors at any time may remove a�y such appointee and revoke the power given him or her;and it is
FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authoriry to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary;and it is
FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking
shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice
President,any Second Vice President,the Treasurer,aoy Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-FacC a�d Agents pursuant to the power
prescribed i❑ his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authoriry; and it is
FURTHER RESOLVED,that the signature of each of the following officers: President,a�y Executive Vice President,any Senior Vice President,any Vice President,
any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so execuCed a�d certified by such facsimile signature and facsimile seal shall be valid and binding on
the Compa�y in the future with respect to any bond or u�derstanding to which it is attached.
I,Kevin E.Hughes,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance
Underwriters,Inc.,SL Paul Fire and Marine Insurance Company,SL Paul Guardian I�surance Company,St.Paul Mercury Insurance Company,Travelers Casualry and
Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force and effect and has not been revoked.
IN TESTIMONY WHEREOF,I have hereunro set my hand and affixed the seals of said Companies this �`� day of �w�C ,Zp � �
�� �
Kevin E.Hughes,Assistant Sec tary
� �„
G�SU�1�j Fl0.E 4Mp„ ��N..�NSG •'Y��HS��`*q tY AN
p�t Oi'V:q11� e or �pz �O:" .:q� �*/`JP;.........Aq,L`i 9JP` �SL 4��n6 `jj�Y�
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To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or co�tact us at www.travelersbond.com.Please refer ro the Attomey-In-Fact number,the
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PRODUCER NpMEA T Doug E Mueller
W.E.Walker PHONE 573-335-3307 �No:573-335-5844
117 S.Broadview ac No�a:
Cape Girardeau,MO 63703 Ap���,
Doug E Mueller
INSURER�S)AFFORDING COVERAGE NAIC N
iNsur�rta:UNITED FIRE&CASUALTY COMPANY 11770
INSURED Kiefner Brothers Inc ,Nsur�Re:MISSOURI EMPLOYERS MUTUAL INS 10191
1459 North Kingshighway iNs�,r�Rc:ARGONAUT GREAT CENTRAL
Cape Girardeau,MO 63701
INSURER D:
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��� TYPE Of INSURANCE POLICY NUMBER MMID Y EFF M�Y EXP V��
GENERAL IJABILITY EACH OCCURRENCE S �r����
A X COMMERCIAL GENERAL LIABILITY sO3SS$O'I 01/01/2016 O'I/O'i/YO'I7 pREMISES Ea occurrence a 300,0
CLAIMS-MADE �OCCUR MED EXP(Any one person) 5 5r�
PERSONAL&ADV INJURY $ �,OOO,OO
GENERAI AGGREGATE $ 2��0��
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG S 2��0��
POLICY X PR� LOC b
AUTOMOBILE LIABILITY EOMB�IN�EDntSINGIE LIMIT E �,QQO,�
A X ANY AUTO 60355301 01/01/2016 01101/2017 BODILY INJURY(Per person) E
ALL OWNED SCHEDULED BODILY INJURY(Per acaderrt) S
AUTOS AUTOS
NON-0NrtJED PROPERTY DAMAGE $
HIRED AUTOS AUTOS PER ACCIDENT
$
X UMBRELLA W18 X pCCUR EACH OCCURRENCE S 5>OOO,OO
A EXCESSlJAB CWMS-MADE 60355301 ��/01/2�16 01/01/2�77 qGGREGATE S 5,�0,�
DED X RETENTION3 �O�OOO $
WORKERS COMPENSATION X WC STATU- OTH-
AND EMPLOYERS'LIABILJTY T RY IMITS ER
C ANY PROPRIETORlPARTNERlEXECUTIVE Y� N�A WC9Y7H7HSGHJO4 O'IIO'I/YO'IB 01/01/2017 E.L.EACH ACCIDENT S ��OOO,OO
OFFICER/MEMBEREXCLUDED? MEG0510410 01/01/2016 O'I/O'I/YO'I7 E.L.DISEASE-EAEMPLOYE a 1,000�00
B (Mandatory in NH)
If yes,tlescribe under E.L.DISEASE-POLICY LIMIT a 7,��,�
DESCRIPTION OF OPERATIONS belav
DESCRIPTION OF OPERATONS I IOCATION$I VEHICLES(Attach ACORD 107,Additlonal Remarks Schedule,ff more apace is reQuired)
Job/Project: Police Station, Jail and Municipal Court 2530 Maria Louise
Lane, Cape Girardeau, 1�
CERTIFICATE HOLDER CANCELLATION
CITYCA1
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
City of Cape Girardeau
4011ndependence
Cape Girardeau,MO 63702 AUTHORIZED REPRESENTATNE
Doug E Mueller
O 1988-2010 ACORD CORPORATION. All rights reserved.
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CONTACT
PRODUCER NAME: _
Charles L.Crane Agency Co. �"N.�►:(314)241-8700 —_ _ _.- Fa�c No:► (314I 444-4970
100 N Broadway,Ste 900 -
Saint Louis,MO 63102 ADDR�ESS:
____--_- ____ __ r _ —
INSURER�S)AFFORDING COVERAGE I NAIC#
_-- -__— .__ _._ _ __..- - t ------
wsuReR a.Travelers Indemnity of America I25666
----- - - ---
iNsuReo ,Nsur�R B:Travelers Prop Cas Co of Amer 25674
Chiodini Associates �Nsur�R c:Travelers Indemnity Co. 25658 _
Louis G.Chiodini,Inc.DBA: ,Nsu�R o:Travelers Casual &Su of America 31194
1401 South Brentwood,Suite 425 ----- � . �
St Louis,MO 63144 INSURER E:
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INSR 7ypE OF INSURANCE POLICY NUMBER MMN Y EFF M�Y El(PT UM�
LiR� IN WVD
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 5 _ ������
__
i AFNAG�T6RENTE6
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: � i PERSONAL 8 ADV INJURY �$ 'I,OOO�OO
-- -----.. --- -----' r-�- --._ .____ -. _-- --- -
IGEN L AGGREGATE LIMIT APPLIES PER I i GENERAL AGGREGATE 5 2,000,00
f -� _.. .._ � -- -_..._
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AUTOMO&LE LIABIUTY COMBINED SINGLE LIMIT
_{Eaacddent -_- _ b _---1,000,00
B X ANY AUTO I, IBA6707L89915GRP 12H5/2015 12H512016 BODILY INJURY(Per person) ,a
�.-- �—--------
--- -
HIR D AUTOS _ AUTOSULED � � i BODIIY INJURY(Per acdtlent) $
F-- -� , IPROPERTY�DAMAGE
_.
I X_ AUTOS X AUTOS I� I � �� Per acqdent)_____ a
NON-0WNED II ___._
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I X�UMBRELLA LIAB , EACH OCCURRENCE $ 4,000 OO
FaccEss uas_ occuR � CUP7872Y6891547 12/15/2015 12/15/2016'� — -- --
C I � ..��.CLAIMS-MADE i I
I I � AGGREGATE '$ 4+000 OO
_..- - . _.� ---_ ___ _.__ ._.---
DED � X T RETENTION b �O�OOO , $
WORKERS COMPENSATION X PER OTH-
AND EMPLOYERS W1&IJTY _ STATUTE __ ER
_ __ _..
A ANY PROPRIETORIPARTNERIEXECUTIVE Y�N 'XHU65836Y78516 05/01/2016 OS/O�IYO'I7 E.L.EACH ACCIDENT S ��OOO OO
,OFFICER/AAEMBER EXCLUDED? � N�A�� I � � ��
i�Mandatory in NH) i �i i, �� I E.L.DISEASE EA EMPLOYEE S 'I,OOO,OO
I If yes,tlescnbe under � E.l.DISEASE-POLICY UMIT E ���0,�
DESCRIPTION OF OPERATIONS below
p Professional 1105875423 12/31/2015 12/3112016'Each Claim 2,000,00
p ILiability � � 105875423 � 12/31/2015 i 12/31/2016 Annual Aggregate 4,000,00
DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additlonal Remarks Schedule,may be akached H mo►e apace is required)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Cape Girardeau ACCORDANCE WI7H THE POUCY PROVISIONS.
4011ndependence
Cape Girardeau,MO 63703
AUTHORIZED REPRESENTATIVE
�� �
/
O 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD
.� —t
-. �����,��,
l
�
EXHIBIT A
SCOPE OF WORK
Professional Design Services for the planned new Police Department/Municipal Courts facility(Project)to
be located at 2530 Maria Louise Ln, Cape Girardeau, Missouri 63701. The New Police
Department/Municipal Courts facility will consolidate the Police Department, Municipal Court, and Court
Administration into one location for more efficient delivery of services and operations.
The City of Cape Girardeau has allocated $11 M Total Project Budget(Hard and Soft Costs)for the
development of the New Police DepartmenUMunicipal Court.
The current project schedule anticipates final completion of the Project on February 2"d, 2018 (substantial I
completion)with final occupancy on or around March 2nd,2018. �
The following is an outfine of the Scope of Architectural and Engineering Design Services which Chiodini I
Architects proposes to provide for the City of Cape Girardeau Police Department/Municipal Court facility. �
�
i
DESIGN SERVICES: I
PROJECT DISCIPLINES TO BE PROVIDED BY CHIODINI ARCHITECTS: I
i
• Architectural and Interior Design
• Surveying and Civil Engineering ,'
o Boundary&Topographic Survey: �
■ Topographic survey of the property from the boundary to the edges of the i
existing pavement and building and the adjacent street right of way areas,
approximately two(2)acres of the existing site. This survey information will be
used to prepare a boundary and topographic drawing, which will be a part of the �
Civil Plans and will include the following information:
• Site location map �
• Property boundary lines with bearings and distances �
• Easement information provided by City i
• Building setback lines �
• Pertinent zoning and flood plain information
• Identified survey monuments �
• Survey benchmark and control point information ;
• Existing pavements ;
• Existing contours and key spot elevations �
• Utilities,waterlines, sanitary sewer and storm sewer features
o Site Civil Engineering:
■ Preparing site plans in accordance with the Ci of Ca e Girardeau's 'i
tY P
development code and regulations of the Missouri Department of Natural
� Resources. i
• Project coordination with the Design Team and providing digital �
background files as needed. ;
• Site demolition plan ;
• Site geometry plan with dimensions to lay out the proposed structures, �
drives and parking areas �
• Site grading plan with existing and proposed contours, spot elevations �
and erosion control devices
• Pavement marking plan ;
_�
J
• Storm water collection and management pian with structure details
• Site utility plan with services to within 5'of the proposed mechanical
room (site electrical and lighting layout design to be completed by MEP
and shown form reference)
• Construction standards and details for site improvements
• Detailed Storm Water Pollution Prevention Plans(SWPPP)with Best
Management Practices(BMPs) locations and details
• Applicable specifications for site work
• Applications for City and State storm water permits
• Attend meetings, printing and providing electronic files
o Storm Water Detention System As-Built Survey
■ As-Built survey of the storm water detention system and submittal of final record
drawing by engineer of record, as required by City of Cape Girardeau
ordinances.
o Design services for any offsite improvements to the receiving storm and/or sanitary sewer
systems are not included.
• Structural Engineering
• Mechanical, Electrical, Plumbing, Fire Protection
and Technology Engineering
o Detailed cost estimating for mechanical, electrical, plumbing, technology, and low voltage
systems at 25%, 50%, and 95%complete Design Documents in coordination with Kiefner
Brothers, Inc. Review of and coordination with building, structural, and civil cost
estimates produced by Kiefner Brothers, Inc.
o Low Voltage Design
■ Audio Visual Systems
• Municipal Court(multi-purpose)
• Training/Community Room
• Briefing Room
• One(1)Conference Room 'Model'for AN, Technology—model can be
repeated in multiple conference or meeting rooms.
■ Telecom and Data(Backbones, Racks, Pathways, Cooling,Wiring, and Jacks)
• Active Components by the City of Cape Girardeau
■ Building and Site Security System
o No LEED Certification
• Landscape Architecture
• Code Analysis and Coordination with Agencies having Jurisdiction
• Furniture, Fixtures, and Equipment
o Existing Furniture Inventory
o Furniture Planning and Selection
o Furniture Cost Estimating
o Furniture Procurement via City of Cape Girardeau's Cooperative Vendor Agreement
• Coordination with Services/Disciplines supplied by City of Cape Girardeau
Scope of Work Matrix rResponstbtLty, � Notes_„ _.�_.�.. ..,��,�....��_..____ ��v.....;3
(Architect,C�ty;
or Not Provided .�
> 1�
�/p Y
/l �,f�-�
Pr� a(�In s, �L�l�.�tei�' lBasic:=Seruicesl,t ^{�.;f, 1 E�,
Multi le reliminary desi ns `�;Architect ; Basic;Seivices�` �=r..��t,��`',.�, . `�
Measured drawin s r N/P.� �'� ' r �
_��. . .r..�� s �:�
Existin facilities surve s `�� � N/�' ' � 'k"�'' � '��� �£` `nr�: "
t".�...,.�x^.; r�-,�. i� d .,a.�x �f *3 ^�a �.,t�z, �.�.n..°.,
Multi le Site Evaluations and Plannin .,1:,�T/P���" � ' �Sm e:;Site,� �a��✓,-�,°.�,f���'�t�;:�,°'';
Buildin informarion modelin —Revit ' ,;yArclutect ,, ' Basic�Serviees"� ' s � , :��
�
l
Site Surve , =Architect,. ; iBasic:;Service"s; , ,�, ; .;�; ,,.
Civilen ineerin Arclutect iBasic=Sernces;it,=. '`,",� ,k�,,;: F � '
Landsca e desi „4 .. :Archrtect ,,,,. ; `Basic:Sernces`:.t:,r, `Y,; „ ,,.,�'; _
Architectural Interior Desi .„ r,A.rctutect . ,� Basic:Services,`=, r�,.,,�:` .� „i;r ,._:;�
�asic Sernces",m coordu�a�ion�� � '
_Arclutect � � 1 u � �..�
Value Anal sis -�-�� ---��� �nthKiefnerBtoth�ers�?�Inc�,",,;�,', J:;
Arclutect �Coord�nate with Kiefner Brot`hets, ;
Detailed cost estimaring --�� �- - — --�' iInc m;theu�Cost�,Estimatui`�fforfs�
�, I�/P . > , .�r � , ,� -� �{: t � �
�;: � ; � ��.�� �?�n_.,,�t '
On-site ro'ectre resentation N,/P` ' F ,r.,;.��5 rt 1} ;3� ,�,;;�'
Conformed construcrion documents N(P„ :'!
� P 5 �'V 4..{.�'i.r�� ..Lf, f,t�s r Y
2 F i Y � :5
As-Desi ed Record drawin s -��.,n.�T/P„- ,,. L .,,, .�
As-Constructed Record drawin s .� N/P_,� � � � ,,,.,� ;
Post occu anc evaluation '._ N/P -= ,aµ,_ ,,;;
� ,�4 ,
Facili Su ort Services N/P s
Tenant-related services �;� N/P �.�, � � ,,,,�.��r.,. ,��: -�
Coardination with Ci 's consultants . , ,�Archite,ct ._� �Data/Com/Secun ' r � � :`
� .,,,<.
Telecommunications/data design f` Owner�;._ . Achve`Com onents;�. ; ,. ,. r; ,,,,,_
� ;Arcliitect �, ` ' � h '` ;
= i �}S�� :A ". :;`r Ws�
Securi Evaluation and Plannin �� `:Arclii,tect ., ; :`Basic;Servxces;> , '...,.` � '`, __;;
Commissionin �N/P �' r `' � ° .4:
�
Extensive environmentall res onsible desi ' .; N/P,. v . _ ,Y y a .,,�
LEED Certification N/P,n t s s
Fast-track desi services „„Architect, ,., .; `.Basic;Sernces,>,'.;,,;_;�,. ; y
Historic Preservation 4 � .Dt/P,_,;'� ' ` �°� � ,_`. } ;;�
Furniture,Furnishin s,and E ui ment Desi ...,,Architect _. ; �Basic�Sernce'su � '3 > r�. ::
��Radio%Dis atc�i"S steiii.Desi ;. ::. . ,..,;;; �. ,. .r<:.N�/P "` }` t N '` �- ��
�
:Fuelin" :S. steiri;Desi ;� x ,.. N/P � � ' _ , ' R 'i
` ..' .. .;Plannui`�&Zonin .. - _ , :<.�.� �:,x:;.' � ;., 4 � -Arclutect, � �Basic,Servcies>:t. '
:; {
Euviro`ii't�iental`:4batement ' N/P,'�" } ' � `"
� ;�/ !:'i Y il y 4, �S ,tLit. 1'�i�� /� ,{
:Traffic��StadieslSi ��VJI 4 �! jC J � i I I � 3 :i�/j� Y � r?x F `r +?4 { A(v ;j
.h,./., !!C.z�,. 3 �'
.:Geotechiiical,Tnvesti'arion�....,,:��.. ' .'„�' � ' °, .�Archifect ,.t�:' :Basic Sernces���{�... ,a�x �, .r;>`
� �
, . ,. ;
. . 'Essenhal�'Service's Cnteria.��Stcuctural'.,��. . .:.; ` „;;,Archifectfi..,_ ', ;Basic Serv�ces-;: `� ,�,._ �. :�� �
S. r'I
:
�.Sr- t �J E ? � .-e �x
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... �.', . . ; . .
(
CONSTRUCTION SERVICES
Kiefner Brothers,Inc.will provide all necessary labor,material,equipment and other resources as required to
construct the aforementioned police station/jail/municipal court.This shall include all site development and
necessary utilities to deliver to the City of Cape Girardeau a"turnkey",functioning facility. All required on-site and
oi�site supervision and management shall be furnished to insure proper coordination amongst the subcontractors
and trades,and,to ensure proper work flow and sequencing to maintain the schedule.Kiefner Brothers,Inc.will
perform cost estimates at the conceptual,schematic,design development and construction document level in order to
check and maintain the budget.
�
e'
r
EXHIBIT B
COMPENSATION FOR SCOPING PHASE SERVICES
SCOPING PHASE SERVICES
Following is an outline of the Scoping Phase Services which Kiefner Brothers, Inc./Chiodini
Architects proposes to provide for the new City of Cape Girardeau Police
Department/Municipal Court facility project.
PHASE 1: SPACE & OPERATIONAL PROGRAMMING
A. SPACE & OPERATIONAL PROGRAMMING—Conduct existing and future space and
operational assessment; including current and projected square footages and staffing levels.
(This phase will include the analysis and vetting of previous space needs analysis provided by
FGM Architects.)
B. STAKEHOLDER INTERVIEWS—Conduct stakeholder interviews relative to vetting of
previous programming efforts and existing and future space and operational needs for
development of a new Police Department/Municipal Court space and operational needs
assessment.
C. DEVELOPMENT OF SPACE NEEDS ASSESSMENT— Development, review,
refinement, and approval of Space Needs Assessment. Assist Kiefner Brothers, Inc. in
the development of high level cost estimates based on square footage cost projections
relative to the Final Space Needs Assessment for City, Police Department, and Municipal
Court approval.
PHASE 11: CONCEPT DEVELOPMENT
A. SITE AND BUILDING CONCEPT DEVELOPMENT—Based on the approval of the
Space &Operational Needs Assessment and cost estimate (Phase I) by the City, Police
Department, and Municipal Court; prepare Conceptual Development Documents of site
and building concepts for review and refinement with City, Police Department, and
Municipal Court representatives.
B. CODE, ZONING & LIFE SAFETY REVIEW—Review of approved Conceptual
Design with agencies having jurisdiction for compliance with governing codes and
ordinances.
C. PROJECT BUDGET �SCHEDULE—Assist Kiefner Brothers, Inc: in the review and
refinement of a high level Conceptual cost estimate based on square footage cost
projections relative to Concept Development and development of an initial scheulde for
City, Police Department, and Municipal Court approval.
i
PHASE III: SCHEMATIC DESIGN
A. SCHEMATIC DESIGN—Based on the approval of the Phase il Site and Building
Concept Development Documents, Project Budget, and Project Schedule by the City,
Police Department, and Municipal Court; Chiodini Architects will prepare Schematic
Design Documents which consist of drawings which illustrate the scale and relationship of
project components, and the character of the building exterior and interior. The
documents will consist of scaled floor plans, site development plans, and exterior building
elevations. Documents will be both Revit/CADD based and hand drawn.
B. STRUCTURAL ENGINEERING —Preliminary design determination of structural
system; based on topographic, geotechnical information, and approved Conceptual
Design and approved Conceptual Design Budget. Develop a comprehensive geotechnical
report utilizing test borings and other geotechnical investigations deemed necessary by
the project team to assist in the design of footing, foundations, slabs on grade and
pavement on grade.
C. MEP/FP 8�T ENGINEERING SYSTEMS DESIGN—Preliminary design determination
and detailed cost estimate (25% complete Design Documents) of inechanical, electrical,
plumbing, fire protection, technology, and low voltage engineering systems based on
approved Conceptual Design and approved Conceptual Design Budget.
D. FF&E—Develop preliminary FF&E Scope and Budget.
E. CODE,ZONING & LIFE SAFETY COMPLIANCE— Review of approved Schematic
Design with agencies having jurisdiction for compliance with governing codes and
ordinances.
F. PROJECT BUDGET�SCHEDULE—Coordinate with Kiefner Brothers, Inc. in the
development and review of Schematic Design Cost Estimate (25% complete Design
Documents) and project schedule. Review and refine, as required, for City, Police
Department, and Municipal Court approval.
(Scope of Work Phases of Service, beyond Scoping Services listed above, to be provided
by Chiodini Architects continued in Exhibit D—Design Phase Services)
COMPENSTATION TO CHIODINI ARCHTECTS FOR SCOPING PHASE SERVICES:
Guaranteed-maximum fee for Scoping Phase Services of$111,500 to be billed monthly
on a percentage of completion.
Plus Reimbursable Expenses of..................$5,600
EXHIBIT D
COMPENSATION FOR DESIGN PHASE SERVICES
DESIGN PHASE SERVICES
Following is an outline of the Design Phase Services which Chiodini Architects proposes to
provide for the City of Cape Girardeau Police Department/Municipal Court facility design.
PHASE IV: DESIGN DEVELOPMENT
A. DESIGN DEVELOPMENT— Based upon the City, Police Department, and
Municipal Court's approval of the Phase III Schematic Design Documents, Project Budget
and Project Schedule; Chiodini Architects will prepare Design Development documents
consisting of Revit/CADD base drawings and outline specifications that illustra#e and
describe the development of the approved Schematic Design Documents and shall
consist of drawings and other documents describing the size and character of the Project
exterior and interior in detail. These documents will consist of plans, sections, elevations,
and typical construction details representing 30% of Constn.iction Documents by Chiodini
Architects and its engineering consultants.
B. STRUCTURAL ENGINEERING — Design Development level determination,
illustration, design, coordination, and development of project structural system based on
approved Schematic Design and approved Schematic Design Budget.
C. MEP/FP &T ENGINEERING SYSTEMS DESIGN—Design Development level
determination, illustration, design, coordination and detailed cost estimate (50% complete
Design Documents) of inechanical, electrical, plumbing, fire protection, technology, and
low voltage systems based on approved Schematic Design and Schematic Design
Budget.
D. CODE, ZONING � LIFE SAFETY COMPLIANCE—Finalize review of approved
Design Development Documents with agencies having jurisdiction for compliance with
governing codes and ordinances.
E. MATERIALS/FINISHES 8� FF�E— Initial selection, review, and refinement of
Interior colors, materials, finishes, furniture, and FF&E Budget for City, Police Department,
and Municipal Court approval.
G. PROJECT BUDGET 8�SCHEDULE—Coordinate with Kiefner Brothers, Inc. in the
development, review, and refinement of Design Development level Cost Estimate (50%
complete Design Documents) and project schedule. Review and refine, as required, for
approval of City, Police Department, and Municipal Court.
.r
PHASE V: CONSTRUCTION DOCUMENTS
A. CONSTRUCTION DOCUMENTS—Based upon the approval of the Phase VI
Design Development Documents, Project Budget, and Project Schedule by the City,
Police Department, and Municipal Court; Chiodini Architects will prepare Construction
Documents for approval by the City, Police Department, and Municipal Court. The
Construction Documents shall consist of drawings and specifications setting forth in detail
the requirements for the bidding and construction of the project. In order to construct the
project, the Architect will be provided with additional information from
Contractor/Subcontractors; including Shop Drawings, Product Data, Samples and other
similar submittals for the Architects review.
B. STRUCTURAL ENGINEERING —Develop and coordinate Construction Document
level documents illustrating the development of the project structural system based on
approved Design Development documents and approved Design Development Budget.
C. MEP/FP �T ENGINEERING SYSTEMS DESIGN—Develop and coordinate
Construction Document level documents, and detailed cost estimate (95% complete
Design Documents) illustrating the development of the project mechanical, electrical,
plumbing, fire protection, technology, and low voltage systems based on approved Design
Development documents and Design Development Budget.
D. MATERIALS/FINISHES � FF&E—Review, refine, and finalize interior colors,
materials, finishes, and FF&E Bid Package and Cost Estimate; development of Materials
& Finishes boards of City, Police Department, and Municipal Court approved final
selections.
E. PROJECT BUDGET�SCHEDULE—Coordinate with Kiefner Brothers, Inc. in the
development, review, and refinement of Construction Document level Cost Estimate (95%
complete Design Documents) and project schedule. Review and refine, as required, for
City's approval.
F. PERMIT APPLICATION —Assist Kiefner Brothers, Inc. in the submittal of
Construction Documents to the authorities having jurisdiction over the project for
permitting.
G. BIDDING -Assist Kiefner Brothers, Inc. during bidding of Construction Documents
by attending the pre-bid conference to be coordinated and organized by Kiefner Brothers,
Inc., preparing responses to questions from prospective bidders and providing
clarifications and interpretations of the Bidding documents to all prospective bidders in the
form of addenda; and consider requests for substitutions in coordination with Kiefner
Brothers, Inc., if the Bidding Documents permit substitutions, and prepare and distribute
addenda identifying approved substitutions to all prospective bidders.
It is also acknowledged that the project may be fast-tracked and that construction
document and bidding phases may be issued in packages; side development, footings&
foundations, structural steel, building shell, building interiors, etc. This fast-track delivery
method is intended to allow Contractor greater control of schedule and price.
(Scope of Work Phases of Service provided by Chiodini Architects continued in Exhibit U
—Cost of Construction)
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COMPENSTATION TO CHIODINI ARCHTECTS FOR DESIGN PHASE SERVICES:
Guaranteed-maximum fee for Design Phase Services, to be billed monthly on a
percentage of completion; as follows:
• Design Services $678,750
Plus Reimbursable Expenses of.................. $11,200
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EXffiBIT S
Partial Payment Certification, Release and Lien Waiver �
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OWNER: !
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CONTRACTOR- }
PROJECT• ' .
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CONTRACT NO: �
In consideration of the sum of$ ,the undersigoed hereby acknowledges receipt and payment in fuli for
al!labor,services, and materials furnished or supplied relating to the design,construction,addition,or development of the work ,
and improvements conceming the above-referenced Project as stated on Invoice No.
The undersigned hereby expressly waives,releases,and discharges the above�referenced Project,the Owner thereof,the interim
lender,and the permanent lender,of and from any and all claims,liens,expenses and rights to any such claim or lien which the
undersigned has or may have for labor,services,materials or otherwise,furnished by or though ihe undersigned in connection
with the abov�referenced Project and/or putsuant to the above-referenced Contract,for all Invoice Numbers stated above. The
undersigned further represents,as a material inducement to the payment described above,�Ehat-sxbso�aeEeFs�d�pp{ier�-ef-tke
-ead�si�►cc�ava�ieaFt€�y-pei���t�e-�veiees�teEed�bova and that all amounts due or to become due for labo,equipment� �
or materials furnished by subcontractors and supplier of the undersigned shall be paid from such sum. initlal
In the event the undersigned does not receive actual payment for the labor,materials,or services which is the subject hereo�the i
signing of this certificaGon,release and waiver shall not constitute a release or waiver of any c(aim or lien rights for said labor,
materials,or services. '
Date: '
• (Name of Contractorl •
By:
Print Name•
Title:
STATE OF
CITY/COUNTY OF ,to-wit
The foregoing instrument was aclrnowledged before me, ,Notary Public,this_day of .
,20_,by [signatory],who is persona[ly known to me,
[signatory]voluntarily acknowledged this instrument as of__ ,on behalf of the
[cocporation,timited liability company,etc.].
Notary Public
Regishation Number.
' My commission expires:
Notary Seai(sharp,legible,photographical(y reproducible)
Attaahed �'mr Tnform�.tit�n C7nly. Tq be exectx���. b� �
�ie�n�r Broth�rs, Ir_c. �nd �c�ompany monthl� Pa� aF�licat�iars�.
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Final Pay�ent Certification,Reiease and Lien Waiver �
;
OWNER:
CONTRACTOR:
PROJECT•
CONTRACT NO•
In consideration of the sum of$ ,the undersigned hereby acknowledges receipt and final payment in full
for a1l labor,services,and materials fumished or supplied relating to the design,construction,addition,or deve(opment of the .
�vork and improvements concerning the above-referenced Project.
The undersigned hereby expressly waives,releases,and discharges the above-referenced Project,the Owner thereo�the interim
lender,and the permanent lender,of and from any and ail claims,liens,expenses and rights to any such claim or lien which the
undersigned has or may ever have for labor,services,materials or otherwise,furnished by or though ihe undersigned in
connection with the above-referenced Project and/or pursuant to the above-referenced Conttac� The undersigned further
represents,as a material inducement to the payment described above,#haEs�esAtraetc�rgaed-seppliersaf-lhemedersigned�lmve�
.la�ew�.pai�-te�ate.a�d�that all amounts due or to become due for labor,equipment or materials furnished by subcontractors
and supplier of the undersigned shall be paid from the finai payment refereaced herein. i77iitial
In the event the undersigned does not receive actual payment for the labor,materials,or services which is the subject hereof,the
signing of this certification,release and waiver shall not constitute a release or waiver of any claim or lien rights for said labor,
materials,or services. :
Date:
[Name of Contractorl
By:
Print Name•
Title;
STATE OF
CITY/COLRV'I'X OF ,fi�vi�
The foregoing instrument was acknowledged before me, ,Notary Publiq this_day of
,20_,by [signatory],who is personally known to me.
jsignatory]voluntarily acimowledged this inshument as of on behalf of ihe
[coiporation,limited liability company,eta].
Notary Public
Registrafion Number.
My commission expires:
Notary Seai(sharp,legible,photogcaphicaliy reproducible)
��t��hed �ar In�ormatior_ 4n1y. To b� executed �nd �vlsmi�ted b�
• I�i�fnpr Brothers, �nc. �zgan r�ceipt o� Final Payir.�n�. .
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