Loading...
HomeMy Public PortalAboutORD15284 BILL NO. 2014-27 SPONSORED BY COUNCILMAN Scrivner ORDINANCE NO. J c 2-gti' AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH SAM GAINES CONSTRUCTION, INC., FOR THE CLAY STREET BIKE PLAZA PROJECT. WHEREAS, Sam Gaines Construction, Inc., has become the apparent lowest and best bidder on the Clay Street Bike Plaza project. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The bid of Sam Gaines Construction, Inc., is declared to be the lowest and best bid and is hereby accepted. Section 2. The Mayor and City Clerk are hereby authorized to execute an agreement with Sam Gaines Construction, Inc., for the Clay Street Bike Plaza project. Section 3. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: 7 09 I I Approved: ?1�I (1 / Presiding Officer Mayor ATTEST:.,.`. APPROVED AS TO FORM: C y,Cler ''..,v •-.. Counselor FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid 2742 — Project 32123 — Clay Street Bike Plaza, Public Works, Engineering Division, Opened June 24, 2014 RECOMMENDATION: Staff recommends award of the bid to the lowest and best bid meeting specifications, Sam Gaines Construction, Inc, of New Bloomfield, MO in the amount of $149,602.75. BIDS RECEIVED: Sam Gaines Construction, Inc., New Bloomfield, MO $149,602.75 Rhad Baker Construction, Fulton, MO $223,104.50 J.C. Industries, Inc., Jefferson City, MO $242,415.60 Aplex, Inc., Linn, MO $247,722.50 The project was advertised in News Tribune, posted on the city web site, sent to seven plan rooms and one additional vendor who did not return a bid. FISCAL NOTE: 10-990-577045 43-990-577045 Clay Street Plaza Clay Street Plaza 2014 Budget $72,800.00 2014 Budget $25,306.49 Expensed -0- Expensed -0- Bid 2742 $72,800.00 Bid 2742 $25,306.49 Balance -0- Balance -0- 44-990-57045 10-149-577045 Clay Street Plaza Clay Street Plaza 2014 Budget $ 6,496.26 2014 Budget $45,000.00 Expensed -0- Expensed -0- Bid 2742 $ 6,496.26 Bid 2742 $45,000.00 Balance -0- Balance -0- PAST PERFORMANCE: Sam Gaines Construction, Inc. has completed projects as specified and bid in the past. ATTACHMENTS - SUPPORTING DOCUMENTATION Signature(Signature Ci9ittiffriaL7LiAt.de14. . ____ , Purha irjg Agent P • is Wo &Director • to IF I Q • jinxYht}�t •tt 4 Department of Public Works Memorandum 320 E. McCarty Street •Jefferson City, Missouri 65101 • P 573-634-6410 • F 573-634-6562 • www.jeffcitymo.org Date: June 25, 2014 To: Terry Stephenson, Purchasing Director, Finance From: David Bange, City Engineer ✓pri Subject: Clay Street Bike Plaza Project No. 32123 Bid No. 2742 Public Works has completed a review of the bids opened at 1:30 P.M. on June 24, 2014 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 Four (4) bids that were received for the project, as well as a listing of the registered plan holders. Based on our review, we recommend acceptance of the bid from the low bidder Sam Gaines Construction, Inc., 3205 County Road 452, New Bloomfield, MO 65063. The total amount of the contract will be $149,602.75. The project will be expensed as follows: • Sam Gaines Construction, Inc. ($149,602.75): Account Number: Amount Available: Required: Remaining: 10-990-577045 $72,800.00 $72,800.00 $0.00 43-990-577045 $25,306.49 $25,306.49 $0.00 44-990-577045 $6,496.26 $6,496.26 $0.00 10-149-577045 $45,000.00 $45,000.00 $0.00 If you need any other information please feel free to contact me at extension 6433. DB:db Attachments: Bid Tabulation Sheet, Plan Holders List cc: Project file Writer's file • Page 1 CITY OF JEFFERSON Date;06/24/14 BID TABULATION Bid No.2742 CLAY STREET BIKE PLAZA STATE PROJECT NO.STP-3100(522) PROJECT NO.32123 Sam Gaines Construction, ENGINEERS ESTIMATE 111 Inc. Rhad Baker Construction J.C.Industries,Inc. Aplex,Inc. APPROX. UNIT UNIT UNIT UNIT UNIT' ITEM NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT : PRICE ,AMOUNT PRICE AMOUNT PRICE AMOUNT 2022010 Removal of Improvements LS I $5,000.00 $5,000.00 $16,00000 $16,000.00 $15,00000 $15,000.00 $10,500.00 $10,500.00 $15,00000 $15.000.00 2072000 Liner Grading Class 2 STA 2.3 $700.00 $1,610.00 $1,500.00 $3450.00 $4,347.83 1 $10,000.00 $8,750.00 $20,125.00 $14,000.00 $32,200.00 3040504 Typo 5 Aggregate for Base . SOYD 449 $9.00 $4841.00 ,$7.00 $3,143.00 $8.90 $3,996.10 $6.75 $3,030.75 $15.00 $6,735.00 5021106 Concrete Pavement(B in.Non-Reinforced) SOYD 365,6 $48.00 $17,558.40 $60.00 $21,948.00 $70.00 $25,608,00 $50.00 $18,29080 $60.00 $21,948.00 , 5021108 Concrete Pavement(8 in.Non-Reinforced) SOYD 38.1 $72.00 $2,743.20 $65.00 $2,476.50 $99.74 $3,800.09 $84.00 $2,438.40 $70.00 $2,667.00 5029908 Concrete Pavement(8 in.Non-Reintorced) SOYD 26.1 $74.00 $1,931.40 $70.00 $1,827.00 $125.00 $3,262.50 $67.50 $1,761.75 $100.00 $2,610.00 (open to traffic in 24 hours) __ _ 8039901 Water Service Line LF 58 $20.00 $1,160.00 $80.00 $4,640.00 $43.10 ) _$2499,80 $147,50 $8,555.00 $50.00 $2,900.00 6039903 Drinking Water Fountain EA 1 $8,000.00 $8,000.00 $6,000.00 $6,000.00 $9,000.00 $9,000.00 $6,500.00 $6,500.00 $2,500,00 $2.500.00 6042010 Adjust Manhole EA 1 $500.00 $500.00 $50000 $50000 $400,00 _ $400.00 $1,650.00 $1,650.00 $2,000.00 $2,000.00 6049904 Sanitary Sewer Lateral LF 48 $35.00 $1610.00 $10.00 $46000 $78.09 l $3,500.14 $170.00 $7,820.00 $50.00 $2300.00 6059904 Drainage Pipe LF 4B $20.00 $960.00 $20.00 $980.00 $4187 . , $2,000.16 $27.25 $1,308.00 $50.00 $2400.00 8079900 Stair Railing LF 16 $85.00 $1,380.00 $85.00 $1,040.00 $480.00 $7,680.00 $493.00 $7,888.00 . $200.00 $3,200.00 6079903 Pedestrian Safety Rail LF 44 $105.00 ' $4,620.00 $65.00 $2,860.00 $290.90 $12,799.60 $329.00 $14476.00 , $200.00 $8,800.00 8079906 B loot,Welded Steel Ornamental Fence ' LF '16 $40.00 $640.00 $160.00 $2,560.00 $200.00 $3,200.00 $274.00 $4,384.00 $200.00 $3,200.00 6079910 Exhibit Base EA 5 $600.00 $3.000,00 $600.00 $3,000.00 $560.00 $2.800.00 $955.00 $4,775.00 '$1,000.00 $5,000.00 6079911 Bench,6 Foot EA 2 $3,000.00 $6,000.00 $1400.00 $2,800.00 $680.00 $1,360.00 $1,800.00 $3,600.00 $1,000.00 $2,000.00 6079912 Bench,8Foot EA 1 $4800.00 $4,000.00 $1,700.00 $1,700.00 $1,000.00 $1,000.00 $1,900.00 $1,900.00 $1,500.00 $1,500.00 6079913 .Bike Rack EA 2 $2,000.00 $4,000.00 $1,000.00 $2,000.00 $900.00 $1,800.00 $1,025.00 $2,050.00 $1,500.00 $3,000.00 8079914 Trash Receptacle EA I $1,200.00 $1,200.00 $1,000.00 $1,000.00 $680.00 $680.00 $1,900.00 $1,900.00 $1,000.00 $1,000.00 6081012 Truncated Domes SOFT 56 $30.00 $1,680.00 $30.00 $1,680.00 $25.00 $1400.00 $32.00 $1,792.00 $25.00 $1400,00 6085008 Paved Approach,8 in, SOYD 9.6 $70.00 $872.00 $80.00 $576.00 $156.25 $1500.00 $70.00 $672.00 $100.00 $96000 6089904 Concrete Sidewalk.4 in. SOYD 280,2 $42.00 $11,788.40 $40.00 $11,20880 $37.00 $10,367.40 $48.00 $12.889.20 $50.00 $14,010.00 8089908 Concrete Sidewalk,6,in. SOYD 45.4 $48.00 $2,170.20 $45.00 $2,043.00 $79.00 $3,586.60 $54.00 $2,451.60 $60.00 $2,724.00 6089907 Concrete Curb Ramp SOYD 23.9 $52.00 $1,242.80 $75.00 $1,792.50 $55.00 $1,314,50 $58.00 $1,386.20 ,$65.00 $1,553.50 6089908 Concrete Stairs CUYD 1.3 $1,800.00 $2340.00 $2,000.00 $2,600.00 $1,153.86 $1,500.02_ $1,650.00 $2,145.00 $1,000.00 $1,300.00 6089910 Permeable Payers SF 138 $25.00 $3,400.00 $30.00 $4,080.00 $85.00 $11,560.00 $106.00 $14,416.00 $85.00 $11,560.00 0089918 Monolithic Toe Wall LF 31 $40.00 $1,240.00 $15.00 $465.00 $40.00 $1,240.00 $45.00 $1,395.00 $40.00 $1,240.00 6099960 City of Jefferson Type"A'Curb and Gutter LF 64 $28.00 $1,792.00 $30.00 $1,920.00 $35.00 $2,240.00 $27.50 $1,760.00 $40.00 $2,560.00 6161005 Construction Signs SOFT 122 $20.00 $2,440.00 $8.75 $1,067,50 $15.00 $1.830.00 $1800 $2,198.00 $20.00 $2,440.00 8161009 Flap Assembly EA 2 $40.00 $80.00 $25.00 $50.00 $1,000.00 $2,000.00 $1,100.00 $2,200.00 $100.00 $200.00 6161010 Relocated Signs SOFT 9 $35.00 $315.00 $20.00 . $180.00 $100.00 $900.00 $50.00 $450.00 $100.00 $900.00 6181025 Chennellzer(Trim Line) EA 28 $32.00 $896.00 $20.00 $560.00 $25.00 $700.00 $58.00 $1,624.00 $25.00 $700.00 0161031 Type III Movable Barricade with Light EA 4 $500.00 $2,000.00 $180.00 $720.00 $300.00 .$1,200.00 $400.00 $1,800.00 $300.00 $1,200.00 8181000 Mobilization LS I $3,000.00 $3,000.00 $4,200.00 $4,200.00 $20,000.00 $20,000.00 $17,500.00 $17,500.00 $30,900.00 $30,900.00 6206000/3 A in.White Acrylic Waterborne Pavement LF 397 $2.50 $992.50 $3.50 .$1,389.50 $4.00 $1,588.00 $1.10 '$436.70 , $4.00 $1,588.00 Marking Paint 6206106 Acrylic Waterborne Pavement Marking Paint,6 LF 129 $3.50 $451.50 $7.25 $935.25 $8,00 $1,032.00 $3.30 $425.70 $8.00 $1,032.00 in.,While 8206124 Acrylic Waterborne Pavement Marking Paint,24 LF 11 $5.00 $55.00 $13.50 $148.50 $14.00 $154.00 $11.00 $121.00 $15.00 $165.00 ' in.,While • Page 2 CITY OF JEFFERSON Dale:06/24/14 BID TABULATION Bid No.2742 CLAY STREET BIKE PLAZA STATE PROJECT NO.STP-3100(522) , PROJECT NO.32123 Sam Gaines Construction, ENGINEER'S ESTIMATE Inc. Rhad Baker Construction J.C.Industries,Inc. Aplex,Inc. APPROX. UNIT UNIT UNIT UNIT UNIT ITEM NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT 7209900 Large Block Landscaping Stones SF . 335 $36.00 $12,060.00 $32.00 $10720.00 $55.00 $18,425.00 $60.00 $20,100.00 $55.00 $18,425.00 8041000 Topsoil CUYD 28 $55.00 $1,540.00 $15.00 $420.00 $100.00 $2,800.00 $45.00 $1,260.00 $100.00 $2,800.00 8051000A Seeding-Coot Season Mixture ACRE 0.1 $5,200.00 $520.00 $12000.00 $1,200.00 $22,500.00 $2,250.00 $24,700.00 $2,470.00 $22,500.00 $2,250.00 8081025 Inlet Check EA 1 $170.00 $170.00 $150,00 $150.00 $200,00 $200.00 $225.00 $225.00 $250.00 $250.00 8069901 Straw Wattle LF 123 $3.80 $467.40 $3.00 $369.00 $3.20 $393.60 $3.50 $430.50 $4.00 $492.00 8080102 Red Maple .EA 1 $600.00 $600.00 $350.00 $350.00 $500.00 $500.00 $550.00 $550.00 $500.00 $500.00 8080116 London Plane Tree EA 1 $600.00 $600.00 $350.00 $350.00 $500,00 $500.00 $550.00 $550.00 $500.00 $500.00 9019901 Adjust Electrical Meter end Pedestal EA 1 $500.00 $500.00 $1,720.00 $1,720.00 $2,200.00 $2,200.00 $2,300.00 $2,300.00 $2,100.00 $2,100.00 9019902 Adjust Electrical Conduit and Conductors LF 90 $15.00 $1,350.00 $18.00 $1,620.00 $18.00 $1,620.00 $22.00 $1,980.00 , $20.00 $1,800.00 9019910 Street Light Pole EA 3 $3,500.00 $10,500.00 $2,000.00 $6,000.00 $2,000.00 $6,000.00 $2,525.00 $7,575.00 $2,300.00 $6,900.00 9019950 Luminaire EA 3 $1,000.00 $3,000.00 $1,153.00 $3,459.00 $1,153.00 $3459.00 $1,200.00 $3,600.00 $1,100.00 $3,300.00 9013002 Conduit.2 in.,Trench LF 218 $15.00 $3,270.00 $12.00 $2,616.00 $12.00 $2,616.00 $11.00 $2,308.00 $10.00 $2,180.00 9019002 Conduit,2 in.,Pushed LF 56 $20.00 $1,120.00 $50.00 $2,800.00 $50.00 $2,800.00 $33.00 $1,848.00 $30.00 $1,680.00 9017407 Cable-Conduit 1 in.,2 Conductors and 1 Bare IF 282 $7.50 $2,115.00 $3.00 $846.00 $7.00 $1,974.00 $7.15 $2,016.30 $6.50 $1,833.00 Neutral,8 AWG 9029100' Base,Concrete CUYD 1.4 $2,300.00 $3,220,00 $1,335.00 $1,869.00 $285.71 $399.99 $2.300.00 $3,220.00 $2,300.00 $3,220.00 9031270A Perforated Square Steel Tube Post,2 in.,12 g0. LF 32 $10.00 $32000 $9.00 $288.00 $40.00 $1,280.00 $56,00 $1,792.00 $30.00 $960.00 9031271 Perforated Square Steel Tube Post Anchor,12 LF 9 $20.00 $180.00 $25.00 $225.00 $30.00 $270.00 $56.00 $504.00 $50.00 $450.00 ga, 9039903 Street Signs,Type 3 SF 23 $45.00 $1,035.00 $27.00 $621.00 $40.00 $920.00 $51.50 $1,184.50 $30.00 $690.00 TOTAL BASE BID $149,045.80 $149,602.75 $223.104.50 $242,415.60 $247,722.50 %OVER/UNDER ENGINEER'S EST. 0.4% 49.7% 62.6% 66.2% CITY OF JEFFERSON CONSTRUCTION CONTRACT THIS CONTRACT made and entered into this day of / , 2014, by and between Sam Gaines Construction, Inc. herei after re erred to as "Contractor", 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. 32123, Clay Street Bike Plaza. 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 "Clay Street Bike Plaza" 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 45 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 Seven Hundred Dollars ($700.00) 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 June 24, 2014 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 Hundred Forty Nine Thousand Six Hundred Two Dollars and Seventy Five Cents ($149,602.75).. 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 Immiqration. 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. 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 $500 per day until the notices required by this section are posted as required by that statue. 28. Notices. All notices required to be in writing may be given by first class mail addressed to City of Jefferson, Department of Public Works, 320 East McCarty, Jefferson City, Missouri, 65101, and Contractor at 3205 County Road 452, New Bloomfield, MO 65063. The date of delivery of any notice shall be the second full day after the day of its mailing. IN WITNESS W EREOF, the parties hereto have set their hands and seals this g--1 day of / 2014. CITY OF JEFFERSON CONTRACTOR sA 6 }�.��r Cdn-7 �/i Aitx_r_. Mayor Title: pre_s4 ATTEST: ATTEST: City Clerk Title: APPROVED AS TO FORM: City Counselor A/ BE 07/07/2014 13:59 FAX 573 295 4205 SAM GAINES B21 ACt:)RL THlS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CI CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFF BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUIN REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. CERTIFICATE OF LIABILITY INSURANCE Ei001 OP ID: TLI DATE IMMIDD/YYYY) 07/07/2014 kTIFICATE HOLDER. THIS IRDED BY THE POLICIES 4SURER(S), AUTHORIZED IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROG r': ON 1S WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate r, ies not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Midwest Agency 8917 Veterans Memorial Parkway O'Fallon, MO 63366 Ronald David Comer INSURED Sam Gaines Construction, Inc. Sam Gaines Sr. 3209 County Rd. New Bloomfield, MO 65063 NAME: PHONE AIC, No, FstJ; ADDRESS: PRODUCER SAMGA-1 _ U$TOMQe IO *S: INSURER(S) AFFORDING COVERA ' INSURER A : Amorica Firm Insurance INSURER B : INSURER C : INSURER 0 : INSURER H : INSURER E ; COVERAGES CERTIFICATE NUMBER: FAX fAIC, No): NAIL, REVISION ILL LIBER: THIS IS TO CERTIFY THAT THE POLICIES INDICATED. NOTWITHSTANDING ANY REQUIREMENT, CERTIFICATE MAY BE ISSUED OR MAY EXCLUSIONS AND CONDITIONS OF SUCH OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED Al!::::: TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT ) .1 PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS 8 POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SNS TYPE OF INSURANCE ANSI_ iN%R SUER' MD POLICY NUMBER POUCY EFF IMM/DOIYVYY1 POLICY EXP (MM1CO/YYYY) GENERAL UASIIJTY EACH OCCUR, I, A X COMMERCIAL GENERAL LIABILITY CBP502552900 01/03/2014 01/03/2015 PSR sE -FLX CLAIMS -MADE [ OCCUR MED EXP (Anv on PERSONAL & .;.J' GENERAL AG(..:I GEN'L AGGREGATE UMIT APPLIES PER; PRODUCTS - (AI 7 POLICY f1 Tei 7 LOC AUTOMOBILE UABILITY COMBINED 811.11 (En occident) A ANY AUTO BA702534230 01/03/2014 01/03/2015 BODILY INJUR'r( ... ALL OWNED AUTOS BODILY INJUR', X X. SCHEDULED AUTOS HIRED AUTOS PROPERTY D/,:.1, (PER ACCIDEr') X NON -OWNED AUTOS X UMBRELLA LIA9 OCCUR EACH OCCURN.EI EXCESS UM CLAIMS•MADE 01/03/2015 AGGREGATE q DEDUCTIBLE CU8893418 01/03/2014 RETENTION 3 - WORKERS COMPENSATION X WC STAIl:- fQRY Ll� I _h A AND EJIAPLOYERS' LIABILITY ANVPPROM E ECUTIVEYN IETOREXCLUDED? WC002669800 01/01/2014 01/01/2015 E.L. EACH ACC,IC OFFI(Mandatory In NH) NIA E.L. DISEASE • 'I If Yae. deacrbe under DESCRIPTION QF OPERATIONS below E.L. DISEASE - 1 A America First Ins ..r CBP502552900 01103/2014 01/03/2015 Rental Equip DESCRIPTION OF OPERATIONS I LOCATIONS/ VEHICLE, (Attach ACORD 101, Additional Reenerke Schedule, if more apace Is regutred) Project: Clay Street Bike Plaza. - CERTIFICATE HOLDER CANCELLATION J CITYJEF City of Jefferson 320 E McCarty Jefferson City, MO 65101 E FOR THE POLICY PERIOD -1 RESPECT TO WHICH THIS BJECT TO ALL THE TERMS, UMITS :E ED ur Ice) person) INJURY ATE s 3 $ 1,000,000 100,000 6,000 S 1,000,000 $ 2,000,000 'FOP AGG $ 2,000,000 S •• LIMIT 1,000,000 Ir person) 9 ar accident) 5 S S ;£ $ 4,000,000 6 $ S XIER- IT EMPLOYE ICY LIMIT 1,000,000 1,000,000 1,000,000 225,000 SHOULD ANY OF THE ABOVE DESCRIBED POI IES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTI.:: WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISION'S. AUTHORIZED REPRESENTATNE 01-1-14er—dwn © 1988-2009 ACORD CORPOR.`; ON. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD