HomeMy Public PortalAboutORD15734 BILL NO. 2017-79
SPONSORED BY Councilman HenryW ORDINANCE NO. /
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE A $338,694.60 AGREEMENT WITH GWH LANDSCAPE CONTRACTING, LLC,
FOR THE SOUTH LINCOLN STREET .PROJECT, AND AMENDING THE 2017-2018 BUDGET BY
AUTHORIZING A SUPPLEMENTAL APPROPRIATION FROM THE GENERAL FUND.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS:
WHEREAS, GWH Landscape Contracting, LLC, 'has become the apparent lowest and best bidder on
the South Lincoln Street project.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. The bid of GWH Landscape Contracting, LLC, is declared to be the lowest and best
bid and is hereby accepted for the South Lincoln Street project.
Section 2. The Mayor and City Clerk are hereby authorized to execute an agreement with GWH
Landscape Contracting, LLC, for the South Lincoln Street project.
Section 3. The agreement shall be substantially the same in form and content as that agreement
attached hereto as Exhibit A.
Section 1. There is hereby supplementally appropriated within the General Fund $$338,964.60 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.
Passed: ,f/� 7 Approved: I
Presiding Officer = Mayor Carrie Tergin
ATTEST• - -- APPROVED AS TO FOR
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AVI rkCit y
Cnse r
CERTIFICATION BY MAYOR
Pursuant to Article,Vll,-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. ^,
Mayor Carrie Tergin
}
Bill 2017-79
Exhibit B
SUPPLEMENTAL APPROPRIATIONS
FISCAL YEAR 2017-2018 BUDGET
General Fund:
Revenue
10-100-495995 Transfer from Fund Balance $ 338,694.60
Expenditure
10-990-577065 South Lincoln Street $ 338,694.60
r
FINANCE DEPARTMENT
PURCHASING DIVISION
SUBJECT: Bid 2941 —Project 32153—South Lincoln Street
Public Works—Engineering, Opened October 3, 2017
RECOMMENDATION:
Staff recommends award of the bid to the lowest and best bid meeting specifications, GWH
Landscape Contracting, LLC of Jefferson City, Missouri in the amount of$338,964.60.
BIDS RECEIVED:
GWH Landscape Contracting LLC, Jefferson City, MO $338,694.60
Twehous_Excavating Co., Inc., Jefferson City, MO $372,640.00
Jeff Schnieders Construction Co., Jefferson City, MO $385,111.00
MERA Excavating, LLC, Bonnots Mill, MO $421,773.25
Don Schnieders Excavating Co., Inc., Jefferson City, MO $441,310.25
Concrete Solutions, LLC, Linn, MO $489,370.00
Lehman Construction, LLC, California, MO $498,760.00
Stockman Construction Corp., Jefferson City, MO $852,365.00
The project was advertised in News Tribune, posted on the city web site, sent to seven plan
rooms and the City's construction vendor list.Three additional'.bidders received specifications but.
did not return a bid.
FISCAL NOTE:
10-990-577065
South Lincoln Street
General Fund
2016-201.7 Budget $400,764.60
Expensed 39,483.85
Encumbered 22,316.15
Bid 2941 $338,96.4.60
Balance $ -0-
PAST PERFORMANCE:
All though this bidder has not performed work for the City previously, staff believes the firm will
complete the project as specified and bid. .
ATTACHMENTS - SUPPORTING DOCUMENTATION
Signature ' ,, ,)
Purc asi -Agent ubl►c Works Director
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Department of Public Works Memorandum
320 E.McCarty Street •Jefferson City, Missouri 65101 P 573-634-6410 F 573-634-6562 • wwwJeffci rno.orq
Date: October 4, 2017
To: Terry Stephenson, Purchasing Director, Finance
From: David Bange, City Engineer k
Subject: South Lincoln.Street
Project No. 32153
Bid No. 2941
Public Works has completed a review of the bids opened at 1:30 P:M. on October.3, 2017 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 Eight (8) 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 GWH
Landscape Contracting LLC, 7605 Clarose Drive, Jefferson City, MO 65109. The total amount
of the contract will be $338,694.60.
The project will be expensed as follows:
GWH Landscape Contracting LLC ($338,694.60):
Account Number: Amount Available: .Required: Remaining:
10-990-577065 $338,964.60 $338,964.60 $.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:03/10/2017 BID TABULATION
Bid No.2941 SOUTH LINCOLN STREET
PROJECT NO.32153
Twehous Excavating
ENGINEER'S ESTIMATE GWH Landscape Const Company Jeff Schnieders Const
APPROX. UNIT UNIT UNIT UNIT
ITEM NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT
1 Mobilization LS 1 $1,500.00 $1,500.00 $6,000.00 $6,000.00 $10,000.00 $10,000.00 $7,726.00 $7,726.00
2 Construction Sigange 8,Traffic/Pedestrain LS 1 - $5,000.00 $5,000.00 $3,400.00 $3,400.00 $6,800.00 $8,800:00 $2,000.00 $2,000.00
Control
3 Silt Fence and BMP Features-S.Lincoln Sl. LS 1 $5.000.00- $5,000.00 $3,500.00 $3,500.00. $2,800.00 $2,800.00 $2,500.00 $2,500.00
4 Construction Slaking-S.Lincoln St. LS 1 $10,000.00 $10,000.00 $4,640.00 $4,640.00 $3,000.00 $3,000.00 $3,600.00 $3,600.00
5 Clearing and Grubbing-S.Lincoln St LS 1 $5,000.00 $5,000.00 $14,740.00 $14,740.00 $16,600.00 $16,600.00 $17,750.00 $17,750.00
6 Embankment Excavation&Shot Rock TON 8500 $25.00 $212,50D.00 $20.52 $174,420.00 $21.90 $186,150.00 $25.00 $212,500.00
Embankment Fill
7 Stream Excavation&Removal LS 1 $5,000.00 $5,000.00 $6,000.00 $6;000.00 $5,800.00 $5,800.00 $6,300.00 $6.300.00-
a Stream Excavation&Stone Streambank TON 500 $60.00 $30,000.00 $49.24 $24,620.00 $34.00 $17,000.00 $44.b0 $22,000.00
Structure Fill
9 Drainage Blanket SY 700 $35.00 $24,500.00 $19.73 $13,811.00 $22.50 $15,750.00 $21.00 $14,700.00
10 Pavement&Rolled Slone Base Removal and SY 615 $75.00 $46,125.00 $73.85 $45,417.75 $74.00 $45,510.00 $69.00 $42,435.00
Replacement
11 Shot Rock Subbase TON 700 $15.00 $10,500.00 $15.35 $10,745.00 $17.00 $11,900.00 $21.00 $14,700.00
12 Curb and Gutter Removal and Replacement LF 375 $40.00 $15,000.00 $37.40 $14,025.00 $40.00 $15,000.00 $46.00 $17,250.00
13 Residential Drive Approach and Driveway SY 60 $175.00 $10,500.00 $71.50 $4,290.00 $86.00 $5,160.00 $97.00 $5,820.00
Remove and Replace
14 Turf Reinforcement Mats SY 250 $15.00 $3,750.00 $7.63 $1,907.50 $3.40 $850.00 $8.00 $2,000.00
15 Seeding and Mulching-S.Lincoln St LS 1 $5,000.00 $5,000.00 $2,000.00 $2,000.00 $3,150.00 $3,150.00 $1,600.00 $1,600.00
16 Clearring and Grubbing-Fill Site LS 1 $3,500.00 $3,500.00 $2,800.00 $2,800.00 $16,200.00 $16,200.00 $4,000.00 $4,000.00
17 Construction Entrance-Fill Site SY 90 $20.00 $1,800.00 $23.00 $2,070.00 $21.00 $1,890.00 $19.00 $1,710.00
18 Silt Fence-Fill Site LF 265 $18.00 $4,770.00 $7.39 $1,958.35 $12.00 $3,180.00 $8.00 $2,120.00
19 Rock Filter Berm-Fill Site LS 1 $1,800.00 $1,800.00 $850.00 $850.00 $2,900.00 $2,900.00 $1,400.00 $1,400.00
20 Seeding-Fill Site LS 1 $1,000.00 $1,000.00 $1,500.00 $1,500.00 $3,000.00 $3,000.00 $3,000.00 $3,000.00
TOTAL BASE BID $402,245.00 $338,694.60 $372,640.00 $385,111.00
%OVER/UNDER ENGINEER'S EST. -15.8% -7.4°/a -4.3%I
1
Page 2 CITY OF JEFFERSON
Date:03/10/2017 BID TABULATION
Bid No.2941 SOUTH LINCOLN STREET
PROJECT NO.32153
Don Schneider's Excavating
Mara Excavating,LLC Company,Inc. Concrete Solutions Lehman Construction,LLC
APPROX. UNIT UNIT UNIT UNIT
ITEM NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT
1 Mobilization LS 1. $8,250.00 $8,250.00 $10,000.00 $10,000.00 $25,000.00 $25,000.00 $36,600.00 $36,600.00
2 Construction Sigange&TrafOc/Pedestrain LS 1 $2,600.00 $2,600.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $3,500.00 $3,500.00
Control
3 Silt Fence and BMP Features-S.Lincoln St. LS 1 $3,500.00 $3,500.00 $3,500.00 $3,500.00 $2,000.00 $2,000.00 $1,900.00 $1,900.00
4 Construction Staking-S.Lincoln St LS 1 $5,400.00 $5,400.00 $3,500.00 $3,500.00 $4,500.00 $4,500.00 $4,500.00 $4,500.00
5 Clearing and Grubbing-S.Lincoln St LS 1 $11,600.00 $11,1300.00 $8,250.00 $8,250.00 $15,000.00 $15,000.00 $27,600.00 $27,600.00
6 Embankment Excavation&Shot Rock TON 8500 $28.15 $239,275.00 $25.00 $212,500.00 $32.00 $272,000.00 $33.00 $280,500.00
Embankment Fill
7 Stream Excavation&Removal LS 1 $10,900.00 $10,900.00 $42,392.00 $42,392.00 $15,000.00 $15,000.00 $12,800.00 $12,800.00
8 Stream Excavation&Stone Streambank TON 500 $36.75 $18,375.00 $62.00 $31,000.00 $55.00 $27,500.00 $28.00 $14,000.00
Structure Fill
9 Drainage Blanket SY 700 $28.90 $20,230.00 $7.85 $5,495.00 $22.00 $15,400.00 $34.00 $23,800.00
10 Pavement&Rolled Stone Base Removal and SY 615 $70.50 $43,357.50 $84.80 $52,152.00 $97.00 $59,855.00 $55.00 $33,825.00
Replacement
11 Shot Rods Subbase TON 700 $19.95 $13,965.00 $23.45 $16,415.00 $20.00 $14,000.00 $21.00 $14,700.00
12 Curb and Gutter Removal and Replacement LF 375 $47.00 $17,625.00 $55.15 $20,681.25 $28.00 $10,500.00 $37.00 $13,875.00
13 Residential Drive Approach and Driveway SY 60 $147.65 $8,859.00 $164.00 $6,240.00 $90.00 $5,400.00 $126:00 $7,560.00
Remove and Replace
14 Turf Reinforcement Mats SY 250 $2.00 $500.00 $10.00 $2,500.00 $28.60 $7,000.00 $9.50 $2,375.00
15 Seeding and Mulching-S.Lincoln St LS 1 $1,775.00 $1,775.00 $5,000.00 $5,000.00 $1,500.00 $1,500.00 $3,600.00 $3,600.00
16 Cleaning and Grubbing-FIII Site LS 1 $10,100.00 $10,100.00 $7,640.00 $7,640.00 $1,000.00 $1,000.00 $8,300.00 $6,300.00
17 Construction Entrance-Fill Site SY 90 $10.00 $900.00 $25.00 $2,250.00 $17.00 $1,530.00 $22.00 $1,980.00
18 Slit Fence-FIII Site LF 265 $3.95 $1,046.75 $3.00 $795.00 $9.00 $2,385.00 $13.00 $3,445.00
19 Rock Filter Berm-Fill Site LS 1 $1,800.00 $1,800.00 $1,000.00 $1,000.00 $3,500.00 $3,500.00 $1,600.00 $1,800.00
20 Seeding-Fill Site LS 1 $1,715.00 $1,715.00 $5,000.00 $5,000.00 $1,500.00 $1,500.00 $4,300.00 $4,300.00
TOTAL BASE BID $421,773.25 $441,310.25 $489,370.00 $498,760.00
%OVER/UNDER ENGINEER'S EST. 4.9% 9.7% 21.70/6 24.0%1
TOTAL CONTRACT WITH ACCEPTED ALTERNATES $421,773.26 ` $441,310.26 $489,370.00 $498,760.00
Page 3 CITY OF JEFFERSON
Date:03/10/2017 BID TABULATION
Bid No.2941 SOUTH LINCOLN STREET
PROJECT NO.32153
Stockman Construction Corp.
APPROX. UNIT UNIT UNIT UNIT
ITEM NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT
1 Mobilization LS 1 $57,000.00 $67,000.00
2 Construction Sigangs&TraHIcJPedestrain LS 1 $2,500.00 $2,500.00
Control
3 Silt Fence and BMP Features-S.Lincoln St. LS 1 $3,000.00 $3,000.00
4 Construction Staking-S.Lincoln St. LS 1 $7,000.00 $7,000.00
5 Clearing and Grubbing-S.Lincoln St LS 1 $11,000.00 $11,000.00
6 Embankment Excavation&Shot Rock TON 8500 $56.00 $476,000.00
Embankment FIII
7 Stream Excavation&Removal LS 1 $60,000.00 $60,000.00
8 Stream Excavation&Stone Streambank TON 500 $98.00 $49,000.00
Structure Fill
9 Drainage Blanket SY 700 $52.00 $36,400.00
10 Pavement&Rolled Stone Base Removal and SY 615 $75.00 $46,125.00
Replacement
11 Shot Rock Subbase TON 700 $42.00 $29,400.00 ,
12 Curb and Gutter Removal and Replacement LF 375 $50.00 $18,750.00
13 Residential Drive Approach-and Driveway SY 60 $170.00 $10,200.00
Remove and Replace
14 Turf Reinforcement Mats BY 250 $15.00 $3,750.00
15 Seeding and Mulching-S.Lincoln St LS 1 $5,000.00 $5,000.00
16 Clearring and Grubbing-Fill Site LS 1 $3,500.00 $3,500.00
17 Construction Entrance-FIII Site SY 90 $65.00 $5,850.00
18 Slit Fence-Fill Site - LF 265 $26.06 $6,890.00
19 Rock Filter Berm-Fill Site LS 1 $4,000.00 $4,000.00
20 Seeding-Fill Site LS 1 $7,000.00 $7,000.00
TOTAL BASE BID $862,366.00
%OVER/UNDER ENGINEER'S EST. 111.9% I
TOTAL CONTRACT WITH ACCEPTED ALTERNATES $852,365.00
CITY OF JEFFERSON
CONSTRUCTION CONTRACT
THIS CONTRACT made and entered into the date last executed by a party as
indicated below, by and between GWH Landscape Contracting LLC hereinafter
referred 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.32153,South Lincoln Street.
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 "South Lincoln Street"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 50 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. 24,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.
(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 set forth
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.
(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 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.
(e) Before commencing any work, the Contractor shall provide to the 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 Project, as 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 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 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 any approved extension, shall 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. 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 agrees to defend with counsel
selected by the 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 ensure 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 October 3, 2017
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 Three Hundred
Thirty Eight Thousand Six Hundred Ninety Four Dollars and Sixty Cents
($338,694.60).
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.
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.
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
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 7605 Clarose Drive, Jefferson City, MO
65109. The date of delivery of any notice shall be the second full day after the day
of its mailing.
CITY OF JEFFERSON
I
Mayor: Carrie Tergin
Date:
ATTEST:
APPROVED AS TO FORM:
City Cns r
CONTRACTOR
Title: Me P;? b.,.
Date:
ATTEST:
Title:
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
320 EAST McCARTY STREET
JEFFERSON CITY, MISSOURI 65101
ACCOUNT NO.
Change Order No. One (1) Project No. 32153 Ord. No. .15734
Job & Location: SOUTH LINCOLN STREET:
Date: .10/20120.17
Contractor: GWH Landscape Contracting LLC..
................................................ ............................................ M ........... . ............... .......... M.M ...........................................................................................................
It is hereby mutually agreed that when this.change order has been. signed.by the contracting parties, thelollowing des * cribed
changes in the work required by the contract shall be executed by the contractor without changing the terms of the contract except
as herein stipulated and agreed.
........................................................................................ M ........................................................................................................ M ......... ............................... .................................
DESCRIPTION, OF CHANGES: This change order removes the requirement for the contractor to provide, an Owners' Protective
Liability Insurance. , policy and replaced itwith the requirement that.the Contractor shall add the City of Jefferson as an additional
ensured party to the Contractors Comprehensive General Liability Insurance coverage.
Note: Item numbers prefixed with "EW" (Extra Work) are, new line items to the contract.
Quantity in Revised Amount of
Item Quantity in Change Contract Overrun or
No. - Description 'Unit :Contract Order, Quantity Unit'Price Underrun
EW 10 Modifications t6 - Insurance :Requirements . LS 0 1 1 $0.00. $0.00
CONTRACTORS PROPOSAL FOR THE ABOVE DESCRIBED CHANGES.
IMM . hereby agree to the. modifications . difications-of the contract as -described above and agree to, fu.mish all materials
aterials and. labor and perform
all work in connection therewith in accordance,with the requirements for similar work in existing contract except as otherwise
stipulated herein, for the following considerations':
Contract Amount - This is a no cost Change Order
Contract Time- There is no change to the -Contract Time..
STATEMENT OF CONTRACT AMOUNT:
ORIGINAL CONTRACT
Amount
$338,694.60,
% Change.
Time
50
PREVIOUS APPROVED CHANGE ORDERS
$0.00
0.0%
0
TOTAL THIS CHANGE ORDER
$01.00
0.0%
0
TOTAL OF ALL CHANGE ORDERS
$0.00
0.0%
0
CONTRACT AMOUNT TO DATE
$338,694.60
50
...........................................6WHIi�ascape
Contracting L LC
Recommended by:
Verification of Encumbrance
Accepted by:
Approved as to Form:
CoCor
City
Finance Di"rectfor
11P
Date
Date
Date
Dat
I z) -gyp. V�
Date