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HomeMy Public PortalAboutORD15645 BILL NO. 2016-127 SPONSORED BY Councilman Henry ORDINANCE NO. I £7 q--5- AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH REHAGEN ELECTRICAL CONTRACTING, INC., IN THE AMOUNT OF $111,264.00 FOR THE MADISON STREET GARAGE LIGHTING UPGRADE PROJECT AND SUPPLEMENTALLY APPROPIATING FUNDS WITHIN THE PARKING FUND BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: WHEREAS, Rehagen Electrical Contracting, INC. has become the apparent lowest and best bidder . on the Madison Street Garage Lighting Upgrade project; NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The bid of Rehagen Electrical Contracting, Inc. is declared to be the lowest and best bid and is hereby accepted for the Madison Street Garage Lighting Upgrade project. Section 2. The Mayor and City Clerk are hereby authorized to execute an agreement with Rehagen Electrical Contracting, Inc. for the Madison Street Garage Lighting Upgrade project. Section 3. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 4. There is hereby supplementally appropriated within the Parking Fund $120,000 as indicated on Exhibit B, attached hereto. Section 5. This Ordinance shall be in full force and effect from and after the date of its passage and approval. n iLA-1144 � Passed. //4, JI rtyif7 Approved: ✓r/?-0I 1 1 , a. ,242,/,,,e., 0.,gm,ci Presi% • Officer- - - - Mayor Carrie Tergin r.,?1,4. ATTEST:— -- - - . - APPROVED AS TO FORM: ILA4 i.4)' - ,-1>141) --- / e City CI wk - , / _ City Coun &or ----- , " CERTIFICATION BY MAYOR Pursuant to Article VII, Section 7.1(5.) Of the Charter of the City of Jefferson, Missouri, I hereby certify that the sums appropriated in the ordinance are available in the various funds to meet the requirements of this bill. edMker F-11715/4/V ' Mayor Bill 2016-127 Exhibit B SUPPLEMENTAL APPROPRIATIONS FISCAL YEAR 2016-2017 BUDGET Parking Fund: Revenue 62-100-495995 Transfer from Surplus $120,000.00 Expenditure 62-620-573030 Purchase/Improve Land/Bldg $120,000.00 EXHIBIT A Construction Contract with Reahagen Electrical Contracting, Inc. 5-1 L`5 CITY OF JEFFERSON CONSTRUCTION CONTRACT THIS. CONTRACT made and entered into this day of , by arrr between Rehagen Electrical Contracting, Inc. hereinafter re erred to 4.g "Contractor", and the City of Jefferson, Missouri, a municipal corporation of.tti'1 t# • 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 andd_supplies and for constructing the following City improvements: Project-No. 63027, Madison Street Garage Lighting Upgrade. 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 "Madison Street Garage Lighting _ Upgrade" 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 accordancewiththe contract documents and-any applicable City ordinances and state and federal laws, within 90 calendar days from the date Contractor is ordered to proceed, which order shall be issued by the Director of Public Works within ten (101days 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. 23, 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 underthis contract, by the Contractor or any subcontractor under the Contractor. 4. Insurance. - I (a) The Contractor shall obtain and maintain during the term of the Project and this Contract the insurance coverages at least equal to the coverages-%eff6rth in this paragraph 7, and as further provided in the General Conditions, but no event less than the individual and combined sovereign immunity limits established by Section 537.610 R.S.Mo. Insurance policies providing required coverages shall be with companies licensed to do business in the State -of Missouri and rated no less than AA"by Best or equivalent. All costs of obtaining and maintaining insurance. coverages are included in the Bid Amount and no additional payment will be Made therefor by the City. Comprehensive General-Liability Insurance $2,800,000 per occurrence (including coverage for Bodily Injury and .$2,800,000 aggregate Property Damage) Comprehensive Automobile Liability $2,800,000 per occurrence Insurance $2,800,000 aggregate (including coverage for Bodily Injury and Property Damage) Employer's Liability $2,800,000 bodily injury by accident (each accident) $2,800,000 bodily injury-by disease (each employee) $2,800,000 bodily injury-policy limit (b) Worker's Compensation - In addition, the Contractor and all • subcontractors shall provide Worker's Compensation Insurance in at least statutory amounts for all workers employed at the Project site. (c) Builder's Risk - The Contractor shall also provide a policy of Builder's Risk Insurance in the amount of 100% of the complete insurable value of the Project, which policy shall protect the Contractor and the City, as their respective interests shall appear. Alternatively, this requirement may be fulfilled. by the providing insurance in the form of an Installation Floater the amount of 100% of the complete insurable value of the Project. (d) Owner's Protective Liability Insurance - The Contractor may 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 the individual and combined sovereign immunity limits established by Section 537.610 R.S.Mo., 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. If this insurance is provided, the Contractor shall not be required to name the City as an additional insured on the insurance set forth in paragraph 4(a) above. (e) Before commencing any work, the Contractor shall provide'tolhe City certificates of insurance evidencing the issuance and maintenance in force_of=the coverages required by this paragraph 4. Each such certificate shall show the City, . and such other governmental agencies as may be required by the City to be-insured by underlying grant or contract relating to the RFojeetp4s an additional-insured,-and shall bear an endorsement precluding cancellation of or change in coverage without at least thirty (30) days written notice to the City. The City may waive any insurance coverages or amounts required by this paragraph 4 when the City deems such waiver to be in the interest of the public health, safety, and general welfare. (f) 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. (g) Scope of Insurance and Special Hazard. The insurance required under Sub-paragraphs (b) and (c) hereof shall provide adequate protection=forthe 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. I 6. Liquidated Damages. The Contractor agrees and acknowledges that time is of the essence of this Agreement and that delay in the prosecution of the Work and the Project will inconvenience the public and increase administrative costs of the City, the costs.of which the Contractor and the City are incapable of ascertaining at this time. Should the Contractor, or in the case of Contractor's default, the surety, fail to complete the Work within the time stipulated in this Agreement, or within such extension of time as may be allowed by the City in the manner set forth in the Contract Documents, the Contractor (or surety, as applicable) shall pay to the City as liquidated damages, and not as a penalty, the sum of Five Hundred Dollars ($500.00) for each calendar day that the Work remains uncompleted after the time allowed for the completion, including approved extensions. In the sole discretion of the City, the amount of the liquidated damages may be deducted from any money due the Contractor under this Agreement. Permitting the Contractor to finish the Work or any part thereof after the expiration of the time for completion or anyapproved extension,' in no way � operate as a waiver of the City of any of rights under this Contract. 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. lir 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. Tothe fullest extent permitted by law, the,Contractor agrees to defend with counsel selected bythe City, and indemnify and hold harmless the City, its officers, engineers, representatives, agents and employees from and against any and all liabilities, damages, losses, claims or suit, including costs and attorneys' fees, for or - on account of any kind of injury to person, bodily or otherwise, or death, or damage to or destruction of property, or money damages, or trespass, or any other circumstances, sustained by the City or others, arising from the Contractor's.breach . of the Contract or out of services or products provided by the Contractor or its subcontractors under the terms of this agreement. The Contractor shall not be liable for any loss or damage attributable solely to the negligence of the City. To the extent required to enforce this provision, the Contractor agrees that this indemnification requires the Contractor to obtain insurance in amounts specified-in the Contract Documents and that the Contractor has had the opportunity to recover the costs of such insurance in the compensation set forth in this Agreement. In any and all claims against the City or any of its agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, this indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under workmen's compensation acts, disability benefit acts or other employee benefit acts. The Contractor shall reimburse to the City any costs and attorneys' fees that the City may reasonably incur in-pursuit of any remedies-at law or equity or enforcement of _ any rights established in this Contract, which may result from the Contractor's breach of the Contract, the Contractor's failure to perform any obligation or requirement contained herein, or the City's enforcement of this Contract. 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 March 7, 1017 which are by reference made a part hereof. No partialpayment 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 Eleven -- Thousand,-Two Hundred Sixty, Four. Dollars ($111,264.00) 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. 1`8: 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. 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: f 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 theprogram 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 emplpyee employed.by the contractor or o 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. 26. 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 j posted as required by that statue. 27. 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 5815 RT B, Jefferson City,MO 65101. The date of delivery of any notice shall be the second-full-day after the day of its mailing. „ , v IN WITNESS WHEREOF, the parties hereto have set their hands and seals this 5 day of()./.41.2, , 2017. CITY OF JEFFERSON --C N.T-RAC TO Rieb---7,00 ,/t-e...E.e772te4 Cax17724C97A-JV - • 6fnct:_r, 4,„„„000-4,0007 Mayor: Carrie Tergin itle: ATT ATTEST: - . • itylrk .477 = Title: - _ • APPROVED -ASFORM: City Co • 1