HomeMy Public PortalAboutORD15144BILL NO ·---=2=0'-'-1""-3-_,_4""-0 __
SPONSORED BY COUNCILMAN --=S=cr..!..!iv..!.!n=er~---
ORDINANCE NO ·------~~~~=---_!_{_L-J-_'-)..t...___ ___ _
AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH HUTCHINS TELECOM ,
LLC, TO CONSTRUCT THE ROUTE B-TANNER BRIDGE SEWER EXTENSION.
WHEREAS, Hutchins Telecom, LLC , has provided the lowest and best bid to complete
the work needed to facilitate the Route B I Tanner Bridge Sewer Extension
project.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI AS FOLLOWS :
Section 1. The Mayor is hereby authorized to execute a contract with Hutchins
Telecom, LLC, for the construction of the Route B-Tanner Bridge Sewer Extension .
Section 2 . The contract shall be substantially the same in form and content attached
hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Mayor
ATTEST: APPROVED AS TO FO M :
~~rL1H/J 1ty Cle 'k
ruNANCEDEPARTMENT
PURCHASING DIVISION
SUBJECT: Bid 2686-Project 31104-Route B-Tanner Bridge Sewer Extension
Public Works, Wastewater, Opened ~uly 9, 2013
BIDS RECEIVED:
Hutchins Telecom LLC, Belle, MO
Mid-State Pipeline Maintenance LLC, Belle, MO
Twehous Excavating Co., Inc., Jefferson City, MO
J.C. Industries, Inc., Jefferson City, MO
Stockman Construction Corp., Jefferson City, MO
$1,121,465.00
$1,358,615.00
$1,437,682.75
$1,522,833.00
$1,880,115.00
The project was advertised in News Tribune, posted on the city web site and sent to seven plan
houses.
FISCAL NOTE:
64-985-579490
Route B -Tanner Bridge Sewer Extension
Budget 2012-2013
Expended
Bid 2686
Balance
$1,100,000.00
781.25
$1! 121.465.00
(-22,246.25)
Funds in the amount of $25,000.00 will be transferred into this account from 64-985-579480-
Cole Junction Forcemain Replace.
PAST PERFORMANCE:
This vendor has been awarded projects in the past and has completed the work as specified and
bid.
RECOMMENDATION:
Staff recommends award of the bid to the lowest and best bid meeting specifications, Hutchins
Telecom, LLC of Belle, Missouri in the amount of $1,121 ,465.00.
ATTACHMENTS-SUPPORTING DOCUMENTATION
Signature c1f-\h~Ltt/4b(
Pur 1ng Agent
City of Jefferson Eric J. Struemph, Mayor
Department of Public Works
320 E. McCarty St.
Matthew J. Morasch, P.E, Interim Director
Phone: 573-634-6410
Jefferson City, MO 65101 Fax: 573-634-6562
Date: July 9, 2013
To: Terry Stephenson -Purchasing Agent; Finance
Through:
From:
Re:
Matt Morasch, P.E., Interim Director of Public Works
Eric Seaman, P .E. -Wastewater Division Director 'ff;_
Route B -Tanner Bridge Sewer Extension
Project No. 31104
Wastewater Division has completed a review of the bids opened at 1 :30 PM on July 9, 2013 for
the above noted project. As part of the review all the bids were tabulated to check for math
errors and to compare unit price quotes of the various contractors. Attached to this memo is the
tabulation of the five (5) bids that were received for the project.
Based on our review, we recommend acceptance of the base bid and add alternates no. 1 & 2
from the low bidder, Hutchins Telecom, LLC for a total contract cost of $1,121,465.
The project will be expensed as follows after a budget transfer:
Hutchins Telecom LLC Construction Contract ($1, 121.465):
Account Number:
64-985-579490
Amount Available:
$11124,218.75
Total
Required:
$11121 1465
------
$1,121,465
If you need any other information please contact me at extensiot~.,6443.
Attachments: Bid Tabulation Sheet
Original Bid Submittals
cc: Project File
Remaining:
$2,753.75
F:\C/TY-PROJECTS\31104 Tanner Bridge-Route B Sewer Ext\31104\Correspondence\memo to purchasing -low bid.docm
Page1
Date:
Bid No.
ITEM NO.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
A1
A1-1
KJ.
KJ.-1
KJ.-2
KJ.-3
A-2-4
A3
A3-1
A3-2
28
30
DESCRIPTION
MobiliZation
Construction Staking
Erosion Conltol
Clearing and Grubbing
Final Cleanup & Permanent Seeding
Conned to Existing Sanitary Sewer System
8"SDR 35 PVC Sanitary Sewer
8"01 Sonitary Gravity sewer
10"SDR 35 PVC Sanitary Sewer
18"SDR 35 PVC Sanitary Sewer
18"SDR 26 PVC Sanitary Sewer
18"01 Sanitary Gravity Sewer
4'Dia. Manhole Complete (6' deep or less)
4'Dia. Manhola, additional depth (greater than 6')
Concrete Encasement at Creek Crossings
Close Exi51lng Lagoon
Remove and Replace Gravel Dtive
Remove and Reconstruct Asphalt pavement
Remove and Reconstruct Conctete Drive
Rcmvoo and Reconstruct Curb
Concreto Ditch Liner
Pump Station Site and access drive
Pump Station Complete
4" & 8" Sanitary Sower Force Main (C900 PR235
PVC)
Tracer W~re Pull Boxes
AirNacuum Release Valvo & Vault
4" 01 11.25-degree Bond (RJ)
8" Dl 11.25-degree Bond (RJ)
4" 01 22.5-dogrce Bond (RJ)
8" OJ 22.5-degrae Bond (RJ)
4" OJ 22.5-c:logree Bond (RJ)
15"CMP
48"CMP
MoDOT Type 2 Rock Blanket
TOTAL BASE BID
% OVERIUNDER ENGINEER'S EST.
Add ALTERNATE 1
RoUer Compacted Concrete
TOTAL ADD ALTERNATE 1
Add ALTERNATE2
8"SOR 35 PVC Gravity Sower
10" SDR 35 PVC Gravity Sewer
4'0ia. Manhole, Complete (6' deep or less)
4'01a. Manhole, addlllonaJ Depth (greater than
6')
TOTAL ADD ALTERNATE 2
DEDUCT ALTERNATE 1
Doclud 8" Sower Forcemain (C900 PR235 PVC)
Add a· F«ee main cap on Dl portion
downstream of valve vaun
Deduct 8" OJ 11.25-c:logree bond (RJ)
Deduct 8" 01 22.5-c:legrae band (RJ)
TOTALDEDUCTALTERNATE1
Allemato Add 1 -Accepted
AHemate Add 2-Accepted
Altcmato Deduct 1 -Rejected
TOTAL CONTRACT WITH ACCEPTED ALTERNATES
APPRO X.
UNIT QUANTITY
LS 1
LS 1
LS 1
LS 1
LS 1
EA 2
LF 615
LF 80
LF 285
LF 985
LF 100
LF 90
EA 12
VF 32
LF 130
LS 1
SY 240
SY 440
SY 85
LF 85
SY 65
LS 1
LS 1
LF 5120
EA 1
EA 4
EA 9
EA 9
EA 1
EA 1
EA 16
LF 40
LF 80
SY 180
LS
0 0
LF 400
LF 28
EA 4
VF 2
0 0
LF 5120
EA
EA 9
EA 1
CITY OF JEFFERSON
BID TABULATION
ROUTE B-TANNER BRIDGE SEWER EXTENSION
PROJECT NO. 31104
ENGINEER'S ESTIMATE Hutchins Telecom UC
UNIT PRICE AMOUNT UNIT PRICE AMOUNT
$74,000.00 $74,000.0C $45,500.00 $45,500.00
$13,000.00 $13,000.0C $15,000.00 $15,000.00
$7,000.00 $7,000.00 $25,000.00 $25,000.00
$33,500.00 S33,500.0C $30,000.00 $30,000.00
$17,500.00 $17,500.00 $17,500.00 $17,500.00
$1,500.00 $3,000.00 $1,000.00 $2,000.00
$85.00 $52,275.00 $45.00 $27,675.00
$100.00 $8,000.00 $85.00 $6,800.00
$100.00 $28,500.00 $36.00 $10,280.00
$210.00 $206,850.00 $65.00 $64,025.00
$210.00 $21,000.00 $107.00 $10,700.00
$250.00 $22,500.00 $198.00 $17,820.00
$2,500.00 $30,000.00 $4,700.00 $56,400.00
$200.00 $6,400.00 $200.00 $6,400.00
$100.00 $13,000.00 $60.00 $7,800.00
$35,000.00 $35,000.00 $23,000.00 $23.000.00
$15.00 $3,600.00 $10.00 $2,400.00
$60.00 $26,400.00 $47.00 $20,680.00
$55.00 $4,675.00 $89.00 $7,565.00
$25.00 $2,125.00 $41.00 $3,485.00
$40.00 $2,600.00 $106.00 $6,890.00
$150,000.00 $150,000.00 $55,000.00 $55,000.00
$260,000.00 $260.000.00 $356.000.00 $356,000.00
$95.00 $466,400.00 $31.00 $158,720.00
$1,500.00 $1,500.00 $165.00 $165.00
$4,000.00 $16,000.00 $12,000.00 $48,000.00
$450.00 $4,050.00 $365.00 $3,285.00
$850.00 $7,650.00 $500.00 $4,500.00
$450.00 $450.00 $375.00 $375.00
$850.00 $850.00 $500.00 $500.00
$450.00 $7,200.00' $375.00 $6,000.00
$34.00 $1,360.00 $51.00 $2,040.00
$115.00 $9,200.00 $121.00 $9,680.00
$30.00 $5,400.00 $46.00 $8,280.00
$1,560,985.00 $1,059,445.00
-32.1%
ERROR
$32,960.00 $32,960.001 $21,000.00 $21.000.00 I
$32,960.00 $21,000.00
$85.00 ·~.-~ $50.00 $20,000.00
$100.00 $2,600. $65.00 $1,820.00
$250.00 $1.000. $4,700.00 $18.800.00
$200.00 $400. $200.00 $400.00
$38,200.00 $41,020.00
-$14.25 ·S72.-~ ($8.00) ($40,960.00)
$1,500.00 $1.500.00 $600.00 $600.00
·$850.00 -$7,650. ($500.00) ($4,500.00)
·$850.00 ·$850.00 ($500.00) ($500.00)
-$79,960. ($45,380.001
$32,960.00 $21,000.00
$38,200.00 $41,020.00
$1,632,145.00 $1,121,465.00
Mid-Slate Pipeline Twehous Excavating
Maintenance LLC Comp&ny, Inc.
UNIT PRICE AMOUNT UNIT PRICE AMOUNT
$20,000.00 $20,000.00 $20,000.00 $20,000.00
$4,000.00 $4,000.00 $14,750.00 $14,750.00
$15,000.00 $15,000.00 $30,000.00 $30,000.00
$35,000.00 $35,000.00 $55,000.00 $55,000.00
$25,000.00 $25,000.00 $50,000.00 $50,000.00
$2,300.00 $4,600.00 $7,500.00 $15,000.00
$45.00 $27,675.00 $70.00 $43,050.00
$64.00 $5,120.00 $75.00 $6,000.00
$41.00 $11,685.00 $80.00 $22,800.00
$58.00 $57,130.00 $128.75 $126,818.75
$67.00 $6,700.00 $203.75 $20,375.00
$155.00 $13,950.00 $139.85 $12,586.50
$2,800.00 $33,600.00 $2,500.00 $30,000.00
$260.00 $8,320.00 $125.00 $4,000.00
$72.00 $9,360.00 $72.00 $9,360.00
$60,000.00 $60,000.00 $30,000.00 $30,000.00
$28.00 $6,720.00 $34.00 $8,160.00
$121.00 $53,240.00 $55.75 $24,530.00
$95.00 $8,075.00 $80.00 $6,800.00
$55.00 $4,675.00 $43.50 $3,697.50
$135.00 ss.n5.oo $105.00 $6,825.00
$98,000.00 $98,000.00 $52,500.00 $52,500.00
$347,000.00 $347,000.00 $300,000.00 $300,000.00
$65.00 $332,800.00 $72.50 $371,200.00
$195.00 $195.00 $1.750.00 $1,750.00
$7,000.00 $28,000.00 $16,125.00 $64,500.00
$540.00 $4,860.00 $335.00 $3,015.00
$710.00 $6,390.00 $415.00 $3,735.00
$525.00 $525.00 $350.00 $350.00
$740.00 $740.00 $425.00 $425.00
$550.00 $8,800.00 $355.00 $5,680.00
$85.00 $3,400.00 $62.50 $2,500.00
$260.00 $20,800.00 $138.50 $11,080.00
$115.00 $20,700.00 $19.25 $3,465.00
$1,290,835.00 $1,359,952.75
-17.3% -12.9%
ERROR ERROR
$36,912.00 $36,912.00 I $36,500.00 $36,500.00
$3&,912.00 S36,soo.oo I
$45.00 $18,000.00 $71.85 $28,740.00
$41.00 $1,148.00 $80.00 $2,240.00
$2.800.00 $11.200.00 $2,500.00 $10,000.00
$260.00 $520.00 $125.00 $250.00
$30,868.00 $41,23o.oo 1
$0.00 $0.00 ($12.00) ($61,440.00)
$0.00 $0.00 $1,000.00 $1,000.00
$0.00 $0.00 ($415.00) ($3,735.00)1
$0.00 so.oo ($425.00) ($425.00)
$0.00 ($64,600.001
$36,g12.00 $36,500.00
$30,868.00 $41,230.00
$1,358,615.00 $1,437,682.75
Page2
Data:
Bid No.
ITEM NO.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
A1
A1·1
A2
A2·1
A2·2
A2-3
A-2-4
A3
A3-1
A3-2
28
30
DESCRIPTION
Mobilization
Construc:tlon Slaking
Erosion Control
Clearing and Grubbing
Final Cleanup & Permanent Seeding
Connect lo Existing 5aniWy Sewer System
8"SOR 35 PVC Sanitary Sewer
8"01 Sanitary Grav!ly Sewer
10"SOR 35 PVC Sanitary SOwer
18"SOR 35 PVC Sanitary Sower
18"SDR 26 PVC Sanitary Sower
18"01 Sanitary Grav!ly Sewer
4'Dia. Manhole Complete (6' deep or less)
4'Dia. Manhole, additional depth (greater than 6')
Concrete Encasement at Creek Crossings
Close Existing Lagoon
Remove and Replace Gravel Drive
Remove and Reconstrud Asphalt pavement
Remove and Reconstrud Concrete Drive
Remvoe and Reconstrud Curb
Concrete Ditch Uner
Pump Station Site and access drive
Pump Station Complete
4" & 8" Sanitary Sewer Force Main (C900 PR235
PVC)
Tracer Wire Pull Boxes
AlrNacuum Release Valva & Vault
4" Dl11.25-degrea Bend (RJ)
a· 01 11.25-dcgfliC Bend (RJ)
4" 01 22.5-dagree Bend (RJ)
a• 01 22.5-dcgree Bend (RJ)
4" 01 22.5-degree Bend (RJ)
15"CMP
48"CMP
MoDOT Typo 2 Roc:J( Blanket
TOTAL BASE BID
% OVERJUNDER ENGINEER'S EST.
Add ALTERNATE 1
Rollef Compaeted Concrete
TOTAL ADD ALTERNATE 1
Add ALTERNATE2
B"SDR 35 PVC Grav!ly sewer
10" SDR 35 PVC Grav!ly Sewer
4'Dia. Manhole, Complete (6' deep or less)
4'Dia. Manhole, additional Depth (grealer than
61
TOTAL ADD ALTERNATE 2
DEDUCT ALTERNATE 1
Deduct 8" Sewer Forcemain (C900 PR235 PVC)
Add a· Force main cap on 01 portion
downstream of valve vault
Deduct a• Dl 11.25-degree band (RJ)
Deduct 8" 01 22.5-degree band (RJ)
TOTAL DEDUCT ALTERNATE 1
Alternate Add 1 • Accepted
Altemale Add 2 • Accepted
Alternate Deduct 1 • Rejected
TOTAL CONTRACT WITH ACCEPTED ALTERNATES
UNJT
LS
LS
LS
LS
LS
EA
LF
LF
LF
LF
LF
LF
EA
VF
LF
LS
SY
SY
SY
LF
SY
LS
LS
LF
EA
EA
EA
EA
EA
EA
EA
LF
LF
SY
LS
0
LF
LF
EA
VF
0
LF
EA
EA
EA
APPRO X.
CITY OF JEFFERSON
BID TABULATION
ROUTE B. TANNER BRIDGE SEWER EXTENSION
PROJECT NO. 31104
J.C. Industries. Inc. Stockman Construclion Corp.
QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT
1 $50,000.00 $50,000.00 $47,000.00 $47,000.00
1 $20.000.00 $20,000.00 $22,000.00 $22,000.00
1 $33,000.00 $33.000.00 $47,000.00 $47.000.00
1 $55,000.00 $55,000.00 $44,500.00 $44,500.00
1 $13.500.00 $13,500.00 $62.000.00 $62,000.00
2 $1.500.00 $3,000.00 S1.n5.oo $3,550.00
615 $78.00 $47,970.00 $86.00 $52,890.00
80 $130.00 $10.400.00 $150.00 $12,000.00
285 $82.00 $23,370.00 $99.00 $28.215.00
985 $150.00 $147,750.00 $126.00 $124,110.00
100 $163.00 $16.300.00 $133.00 $13,300.00
90 $200.00 $18.000.00 $181.00 $16.290.00
12 $4,980.00 $59,760.00 $4,300.00 $51,600.00
32 $450.00 $14,400.00 $200.00 $6,400.00
130 $135.00 $17.550.00 $75.00 $9.750.00
1 $55.000.00 $55.000.00 $33,000.00 $33.000.00
240 $10.00 $2.400.00 S1a.oo $4,320.00
440 $55.00 $24,200.00 $5a.oo $25,520.00
85 $65.00 $5,525.00 $76.00 $6,460.00
85 $35.00 $2,975.00 $45.00 $3,825.00
65 $70.00 $4,550.00 $68.00 $4,420.00
1 $96,117.00 $96.117.00 $100.000.00 $100,000.00
1 $384,400.00 $384.400.00 $365,000.00 $365,000.00
5120 $52.00 $266,240.00 $123.00 $629,760.00
1 $630.00 $630.00 $500.00 $500.00
4 $3,750.00 $15,000.00 $11,000.00 $44,000.00
9 $400.00 $3,600.00 $365.00 $3,285.00
9 $650.00 $5,850.00 $550.00 $4,950.00
1 $400.00 $400.00 $400.00 $400.00
1 $650.00 $650.00 $550.00 $550.00
16 $400.00 $6,400.00 $385.00 $6,160.00
40 $60.00 $2,400.00 $75.00 $3,000.00
80 $140.00 $11.200.00 $140.00 $11.200.00
180 $55.00 $9,900.00 $45.00 sa.100.00
$1,427,437.00 $1,795,055.00
-8.6% 15.0%
ERROR ERROR
$35.000.00 $35.000.00 I $36,500.00 $36.500.00 I
$35,000.00 $36,500.00
0
400 $78.00 $31,200.00 $67.00 $26,800.00
28 $82.00 $2.296.00 $145.00 $4.060.00
4 $6,500.00 $26.000.00 $4.200.00 $16,800.00
2 $450.00 $900.00 $450.00 $900.00
$60,396.00 $48,560.00
0
5120 ($6.50) ($33.280.00) ($25.00) ($128,000.00)
$650.00 $650.00 $166.00 $166.00
9 ($350.00) ($3,150.00) ($315.00) ($2.835.00)
1 ($350.00) ($350.00) ($320.00) ($320.00)
($36,130.00) ($130,9a9.00)
$35,000.00 $36,500.00
$60,396.00 S4a,560.00
$1,522,833.00 $1,860,115.00
UNIT PRICE AMOUNT UNIT PRICE AMOUNT
(04,/(c ( ( 11
CITY OF JEFFERSON
CONSTRUCTION CONTRACT
THIS CONTRACT made and entered into this ) /- day of £ (7 i , , 2013, by and
between Hutchins Telecom, LLC hereinafter referred to as "Contractior ", and the City of
Jefferson, Missouri, a municipal corporation of the State of Missouri, hereinafter referred to
as "City ".
WITNESSETH: That Whereas, the Contractor has become the lowest responsible bidder
for furnishing the supervision, labor, tools, equipment, materials and supplies and for
constructing the following City improvements:
Project No. 31104, Route B - Tanner Bridge Sewer Extension.
NOW THEREFORE, the parties to this contract agree to the following:
1. Scope of Services.
Contractor agrees to provide all labor, equipment, hardware and supplies to perform the
work included in the project entitled "Route B - Tanner Bridge Sewer Extension" in
accordance with the plans and specifications on file with the Department of Public Works.
2. Manner and time for Completion.
Contractor agrees with the City to furnish all supervision, labor, tools, equipment, materials
and supplies necessary to perform said work at Contractor's own expense in accordance
with the contract documents and any applicable City ordinances and state and federal
laws, within 270 calendar days from the date Contractor is ordered to proceed, which
order shall be issued by the Director of Public Works within ten (10) days after the date of
this contract.
3. Prevailing Wages.
To the extent that the work performed by Contractor is subject to prevailing wage law,
Contractor shall pay a wage of no less than the "prevailing hourly rate of wages" for work
of a similar character in this locality, as established by Department of Labor and Industrial
Relations of the State of Missouri, and as established by the Federal Employment
Standards of the Department of Labor. Contractor acknowledges that Contractor knows
the prevailing hourly rate of wages for this project because Contractor has obtained the
prevailing hourly rate of wages from the contents of the current Annual Wage Order No.
20, Section 026, Cole County rates as set forth. The Contractor further agrees that
Contractor will keep an accurate record showing the names and occupations of all
workmen employed in connection with the work to be performed under the terms of this
contract. The record shall show the actual wages paid to the workmen in connection with
the work to be performed under the terms of this contract. A copy of the record shall be
delivered to the Purchasing Agent of the Jefferson City Finance Department each week.
In accordance with Section 290.250 RSMo, Contractor shall forfeit to the City One
Hundred Dollars ($100.00) for each workman employed, for each calendar day or portion
thereof that the workman is paid less than the stipulated rates for any work done under this
contract, by the Contractor or any subcontractor under the Contractor.
4. Insurance.
Contractor shall procure and maintain at its own expense during the life of this contract:
(a) Workmen's Compensation Insurance for all of its employees to be engaged
in work under this contract.
(b) Contractor's Public Liability Insurance in an amount not less than $2,000,000
for all claims arising out of a single occurrence and $300,000 for any one person in a
single accident or occurrence, except for those claims governed by the provisions of the
Missouri Workmen's Compensation Law, Chapter 287, RSMo., and Contractor's Property
Damage Insurance in an amount not less than $2,000,000 for all claims arising out of a
single accident or occurrence and $300,000 for any one person in a single accident or
occurrence.
(c) Automobile Liability Insurance in an amount not less than $2,000,000 for all
claims arising out of a single accident or occurrence and $300,000 for any one person in a
single accident or occurrence.
(d) Owner's Protective Liability Insurance - The Contractor shall also obtain at its
own expense and deliver to the City an Owner's Protective Liability Insurance Policy
naming the City of Jefferson as the insured, in an amount not less than $2,000,000 for all
claims arising out of a single accident or occurrence and $500,000 for any one person in a
single accident or occurrence, except for those claims governed by the provisions of the
Missouri Workmen's Compensation Law, Chapter 287, RSMo. No policy will be accepted
which excludes liability for damage to underground structures or by reason of blasting,
explosion or collapse.
(e) Subcontracts - In case any or all of this work is sublet, the Contractor shall
require the Subcontractor to procure and maintain all insurance required in Subparagraphs
(a), (b), and (c) hereof and in like amounts.
(f) Scope of Insurance and Special Hazard. The insurance required under Sub-
paragraphs (b) and (c) hereof shall provide adequate protection for the Contractor and its
subcontractors, respectively, against damage claims which may arise from operations
under this contract, whether such operations be by the insured or by anyone directly or
indirectly employed by it, and also against any special hazards which may be encountered
in the performance of this contract.
NOTE: Paragraph (f) is construed to require the procurement of Contractor's protective
insurance (or contingent public liability and contingent property damage policies) by a
general contractor whose subcontractor has employees working on the project, unless the
general public liability and property damage policy (or rider attached thereto) of the general
contractor provides adequate protection against claims arising from operations by anyone
directly or indirectly employed by the Contractor.
5. Contractor's Responsibility for Subcontractors.
It is further agreed that Contractor shall be as fully responsible to the City for the acts and
omissions of its subcontractors, and of persons either directly or indirectly employed by
them, as Contractor is for the acts and omissions of persons it directly employs.
Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to
this work, to bind all subcontractors to Contractor by all the terms herein set forth, insofar
as applicable to the work of subcontractors and to give Contractor the same power
regarding termination of any subcontract as the City may exercise over Contractor under
any provisions of this contract. Nothing contained in this contract shall create any
contractual relations between any subcontractor and the City or between any
subcontractors.
6. Liquidated Damages.
The City may deduct Five Hundred Dollars ($500.00) from any amount otherwise due
under this contract for every day the Contractor fails or refuses to prosecute the work, or
any separable part thereof, with such diligence as will insure the completion by the time
above specified, or any extension thereof, or fails to complete the work by such time, as
long as the City does not terminate the right of Contractor to proceed. It is further provided
that Contractor shall not be charged with liquidated damages because of delays in the
completion of the work due to unforeseeable causes beyond Contractor's control and
without fault or negligence on Contractor's part or the part of its agents.
7. Termination.
The City reserves the right to terminate this contract by giving at least five (5) days prior
written notice to Contractor, without prejudice to any other rights or remedies of the City
should Contractor be adjudged a bankrupt, or if Contractor should make a general
assignment for the benefit of its creditors, or if a receiver should be appointed for
Contractor or for any of its property, or if Contractor should persistently or repeatedly
refuse or fail to supply enough properly skilled workmen or proper material, or if Contractor
should refuse or fail to make prompt payment to any person supplying labor or materials
for the work under the contract, or persistently disregard instructions of the City or fail to
observe or perform any provisions of the contract.
8. City's Right to Proceed.
In the event this contract is terminated pursuant to Paragraph 7, then the City may take
over the work and prosecute the same to completion, by contract or otherwise, and
Contractor and its sureties shall be liable to the City for any costs over the amount of this
contract thereby occasioned by the City. In any such case the City may take possession
of, and utilize in completing the work, such materials, appliances and structures as may be
on the work site and are necessary for completion of the work. The foregoing provisions
are in addition to, and not in limitation of, the rights of the City under any other provisions
of the contract, city ordinances, and state and federal laws.
9. Indemnity.
To the fullest extent permitted by law, the Contractor will indemnify and hold harmless the
City, its elected and appointed officials, employees, and agents from and against any and
all claims, damages, losses, and expenses including attorneys' fees arising out of or
resulting from the performance of the work, provided that any such claim, damage, loss or
expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury to or
destruction of tangible property (other than the Work itself) including the loss of use
resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of
contractor, any subcontractor, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, regardless of whether or not it is caused
in part by a party indemnified hereunder. Such obligation shall not be construed to negate,
abridge, or otherwise reduce any other right or obligation of indemnity which would
otherwise exist as to any party or person described in this Paragraph.
10. Payment for Labor and Materials.
The Contractor agrees and binds itself to pay for all labor done, and for all the materials
used in the construction of the work to be completed pursuant to this contract. Contractor
shall furnish to the City a bond to insure the payment of all materials and labor used in the
performance of this contract.
11. Supplies.
The Contractor is hereby authorized and directed to utilize the City's sales tax exemption
in the purchase of goods and materials for the project as set out in Section 144.062 RSMo
1994 as amended. Contractor shall keep and maintain records and invoices of all such
purchases which shall be submitted to the City.
12. Payment.
The City hereby agrees to pay the Contractor for the work done pursuant to this contract
according to the payment schedule set forth in the Contract Documents upon acceptance
of said work by the Director of Public Works and in accordance with the rates and /or
amounts stated in the bid of Contractor dated July 9, 2013 which are by reference made a
part hereof. No partial payment to the Contractor shall operate as approval or acceptance
of work done or materials furnished hereunder. The total amount of this contract shall not
exceed One Million One Hundred Thousand Twenty -one and Four Hundred Sixty -five
dollars ($1,121,465).
13. Performance and Materialman's Bonds Required.
Contractor shall provide a bond to the City before work is commenced, and no later than
ten (10) days after the execution of this contract, guaranteeing the Contractor's
performance of the work bid for, the payment of amounts due to all suppliers of labor and
materials, the payment of insurance premiums for workers compensation insurance and all
other insurance called for under this contract, and the payment of the prevailing wage rate
to all workmen as required by this contract, said bond to be in a form approved by the City,
and to be given by such company or companies as may be acceptable to the City in its
sole and absolute discretion. The amount of the bond shall be equal to the Contractor's
bid.
14. Knowledge of Local Conditions.
Contractor hereby warrants that it has examined the location of the proposed work and the
attached specifications and has fully considered such local conditions in making its bid
herein.
15. Severability.
If any section, subsection, sentence, or clause of this Contract shall be adjudged illegal,
invalid, or unenforceable, such illegality, invalidity, or unenforceability shall not affect the
legality, validity, or enforceability of the contract as a whole, or of any section, subsection,
sentence, clause, or attachment not so adjudged.
16. Governing Law.
The contract shall be governed by the laws of the State of Missouri. The courts of the State
of Missouri shall have jurisdiction over any dispute which arises under this contract, and
each of the parties shall submit and hereby consents to such courts exercise of
jurisdiction. In any successful action by the City to enforce this contract, the City shall be
entitled to recover its attorney's fees and expenses incurred in such action.
17. Contract Documents.
The contract documents shall consist of the following:
a. This Contract f. General Provisions
b. Addenda g. Special Provisions
c. Information for Bidders h. Technical Specifications
d. Notice to Bidders i. Drawing and /or Sketches
e. Signed Copy of Bid
This contract and the other documents enumerated in this paragraph, form the Contract
between the parties. These documents are as fully a part of the contract as if attached
hereto or repeated herein.
18. Complete Understanding, Merger.
Parties agree that this document including those documents described in the section
entitled "Contract Documents" represent the full and complete understanding of the
parties. This contact includes only those goods and services specifically set out. This
contract supersedes all prior contracts and understandings between the Contractor and
the City.
19. Authorship and Enforcement.
Parties agree that the production of this document was the joint effort of both parties and
that the contract should not be construed as having been drafted by either party. In the
event that either party shall seek to enforce the terms of this contract through litigation, the
prevailing party in such action shall be entitled to receive, in addition to any other relief, its
reasonable attorney's fees, expenses and costs.
20. Amendments.
This contract may not be modified, changed or altered by any oral promise or statement by
whomsoever made; nor shall any modification of it be binding upon the City until such
written modification shall have been approved in writing by an authorized officer of the
City. Contractor acknowledges that the City may not be responsible for paying for
changes or modifications that were not properly authorized.
21. Waiver of Breech .
Failure to Exercise Rights and Waiver: Failure to insist upon strict compliance with any of
the terms covenants or conditions herein shall not be deemed a waiver of any such terms,
covenants or conditions, nor shall any failure at one or more times be deemed a waiver or
relinquishment at any other time or times by any right under the terms, covenants or
conditions herein.
22. Assignment.
Neither party may sell or assign its rights or responsibilities under the terms of this
agreement without the express consent of the remaining party.
23. Nondiscrimination.
Contractor agrees in the performance of this contract not to discriminate on the ground or
because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or
political opinion or affiliation, against any employee of Contractor or applicant for
employment and shall include a similar provision in all subcontracts let or awarded
hereunder.
24. Illegal Immigration.
Prior to commencement of the work:
A. Contractor shall, by sworn affidavit and provision of documentation, affirm its
enrollment and participation in a federal work authorization program with respect to
the employees working in connection with the contracted services.
B. Contractor shall sign an affidavit affirming that it does not knowingly employ any
person who is an unauthorized alien in connection with the contracted services
Contractor agrees in the performance.
C. If contractor is a sole proprietorship, partnership, or limited partnership, contractor
shall provide proof of citizenship or lawful presence of the owner prior to issuance of
the Notice to Proceed.
25. OSHA Training
Prior to commencement of the work:
A. Contractor shall provide a ten -hour Occupational Safety and Health Administration
(OSHA) construction safety program for their on -site employees which includes a
course in construction safety and health approved by OSHA or a similar program
approved by the department which is at least as stringent as an approved OSHA
program.
B. All employees subject to this provision are required to complete the program within
sixty days of beginning work on such construction project.
C. Any employee, agent or subcontractor of the Contractor subject to this provision
found on the worksite without documentation of the successful completion of the
course shall be afforded twenty days to produce such documentation after which
time they shall be removed from the project.
D. If Contractor fails the provisions of subsection A, B, or C, the Contractor shall forfeit
as a penalty two thousand five hundred dollars plus an additional one hundred
dollars for each employee employed by the contractor or subcontractor, for each
calendar day, or portion thereof, such employee is employed without the required
training. The penalty shall not begin to accrue until the time period in subsections B
or C, whichever is applicable, of this section have elapsed.
E. The City shall withhold and retain from any amount due under the contract, all sums
and amounts due and owing as a result of any violation of this section when making
payments to the contractor under the contract. The contractor may withhold from
any subcontractor, sufficient sums to cover any penalties the City has withheld from
the contractor resulting from the subcontractor's failure to comply with the terms of
this section.
F. Contractor shall comply with Sections 103 and 107 of the Contract Work Hours and
Safety Standards Act (40 U.S.C. 327 -330) as supplemented by the Department of
Labor regulations (29 CFR part 5).
27. Transient Employers. - -
Every transient employer, as defined in section 285.230, RSMo, enclosed in the laws
section, must post in a prominent and easily accessible place at the work site a clearly
legible copy of the following: (1) The notice of registration for employer withholding issued
to such transient employer by the director of revenue; (2) Proof of coverage for workers'
compensation insurance or self - insurance signed by the transient employer and verified by
the department of revenue through the records of the division of workers' compensation;
and (3) The notice of registration for unemployment insurance issued to such transient
employer by the division of employment security. Any transient employer failing to comply
with these requirements shall, under section 285.234, RSMo, enclosed in the laws section,
be liable for a penalty of $500 per day until the notices required by this section are posted
as required by that statue.
28. Notices.
All notices required to be in writing may be given by first class mail addressed to City of
Jefferson, Department of Public Works, 320 East McCarty, Jefferson City, Missouri, 65101,
and Contractor at 35200 Maries Road 405, Belle, MO 65013. The date of delivery of any
notice shall be the second full day after the day of its mailing.
IN W NESS WHEREOF, the parties hereto have set their hands and seals this 12 day
of , 2013.
ATTEST:
C. Clerk
:I/714-4 t.117
APPROVED AS TO FORM:
v
)j7\7.1(
City Counselor
CONTRACTOR
ATTEST:
Title: Aye, �� U/
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