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Home My Public Portal AboutORD15786 BILL NO. 2017-132 SPONSORED BY Councilman Henry ORDINANCE NO. /5'7ee AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MUSSELMAN & HALL CONTRACTORS, LLC, IN THE AMOUNT OF $148,571.16 FOR THE 2018 FOG SEAL PROJECT. WHEREAS, Musselman & Hall Contractors, LLC has become the apparent lowest and best bidder on the 2018 Fog Seal project; NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The bid of Musselman & Hall Contractors, LLC is declared to be the lowest and best bid and is hereby accepted for the 2018 Fog Seal project. Section 2. The Mayor and City Clerk are hereby authorized to execute an agreement with Musselman & Hall Contractors, LLC for the 2018 Fog Seal 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: )p17/ /to/ A/6 Approved: 7 0,p/e Presiding Officer Mayor Carrie Tergin Vt ATTEST: APPROVED AS TO FORM: /` a ad101 roll= Ci Clerk City oun .-for FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid 2976-Project 32156-2018 Fog Seal Public Works , Street Division -Opened March 20, 2018 RECOMMENDATION: Staff recommends award of the bid to the lowest and best bid meeting specifications, Musselman & Hall Contractors , LLC , Kansas City , MO in the amount of $148,571.16. BIDS RECEIVED : Musselman & Hall Contractors , LLC , Kansas City , MO Innovative Roadway , St. Louis , MO $148 ,571.16 $ 219,530.52 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. FISCAL NOTE: 45-990-577031 Street Resurfacing Sales Tax G funds 2017-2018 Budget E xpensed Encumbered Bid 2976 Balance $1 , 339,156.74 1,047.50 31,892.28 $ 148,571.16 $1 ,157,645.80 PAST PERFORMANCE : This bidder completed projects as specified and bid in the past. Staff feels the vendor will complete this project as specified and bid. ATTACHMENTS -S UPPORTING DOCUMENTATION Signature ~~-W M2ft ) Pure as1 g Agent 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: To: From : Subject: March 20, 2018 Terry Stephenson , Purchasing Director , Finance Britt E. Smith , PE ~ 2018 Fog Seal Project No. 32156 Bid No. 2976 Public Works has completed a review of the bids opened at 1:30 P.M. on March 20, 2018 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 Two (2) 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 Musselman & Hall Contractors, LLC , 4922 East Blue Banks, Kansas City, MO 64130. The total amount of the contract will be $148,571 .16. The project will be expensed as follows: Musselman & Hall Contractors, LLC ($148,571.16): Account Number: Amount Available: Required: Remaining: 45-990-577031 $1 ,306 ,216.96 $148,571 .16 $1 ,157,645.80 If you need any other information please feel free to contact me at extension 6450. Attachments: Bid Tabulation Sheet, Plan Holders List cc: Project file Writer's file Page 1 Date: 20/03/2018 Bid No. 2976 ITEM NO. 1 DESCRIPTION Surface Seal, Onxy TOTAL BASE BID % OVER/UNDER ENGINEER'S EST. TOTAL CONTRACT WITH ACCEPTED ALTERNATES APPROX. UNIT QUANTITY SY 110874 CITY OF JEFFERSON BID TABULATION 2018 FOG SEAL PROJECT NO. 32156 ENGINEER'S ESTIMATE Musselman and Hall UNIT UNIT PRICE AMOUNT PRICE AMOUNT $1.35 $149,679.90 $1.34 $148,571.16 $149,679.90 $148,571.16 -0.7% $149,679.90 $148,571.16 Innovative Roadway UNIT UNIT PRICE AMOUNT PRICE AMOUNT $1.98 $219,530.52 $219,530.52 46.7% I $219,530.52 Exhibit#1 SCHEDULE OF QUANTITIES LOCATION YEAR FROM TO WIDTH LENGTH AREA(S.Y.) Surface Mix RESURFACED {ft.) {ft.) Type McCarty St. 2014 Chestnut St. Locust St. 32 930 3,307 Fog McCarty St. 2014 Lafayette St. Chestnut St. 38 890 3,758 Fog McCarty St. 2014 Locust St. Clark Ave. 38 620 2,618 Fog St. Louis Rd 2014 McCarty St. McCarty St. 27 7,415 22,245 Fog Jefferson St. 2014 Capitol Ave. High St. 53 440 2,591 Fog Jefferson St. 2014 High St. McCarty St. 53 440 2,591 Fog Jefferson St. 2014 McCarty St. W. Expressway 46 780 3,987 Fog McCarty St. 2014 BolivarS! Hwy 54 On Ramp 46 475 2,428 Fog AlrViewDr. 2014 Southern Air Dr. Royal Air Dr. 30 250 833 Fog Belair Dr. 2014 Hinsdale Dr. Twin Hlil Dr. 26 2.530 7,309 Fog Belair Dr. 2014 Main St. Hillsdale Dr. 26 680 1,964 Fog Fox Creek Rd. 2014 Schellrldge Dr. W. End 29 850 2,739 Fog MainSt.W 2014 Jaycee Dr. 179 30 2,125 7,083 Fog Old Gibler Rd 2014 Shellrldge Rd W. Sterling Price Rd 30 1,200 4,000 Fog Schellrldge 2014 Country Club Jaycee Dr. 34 2,590 9,784 Fog Schellridge West 2014 Shellrldge Rd Fox Creek Rd. 30 930 3,100 Fog Southam Air Dr. 2014 Belair Dr. Eastern Air Dr. 28 840 2,613 Fog Satinwood Dr. 2014 Stadium Cedar Brooke Dr. 31 1,300 4,478 Fog Vieth Dr. 2014 Cedar Brooke Dr. Oakridge Dr. 32 1,120 3,982 Fog WilllamsSt 2014 Dbc Rd. Sl Marys Blvd 25 1,150 3,194 Fog Lafayette 2014 Jasen Gym Creek 17 660 1,247 Fog Tanner Bridge Rd 2014 ERis Blvd Christy 32 4,225 15,022 Fog 110,874 SCHEDULE OF QUANTITIES 2018 FOG SEAL PROJECT 2018 2019 2020 7 total 9148,571.01 5141,907 86 50.00 900D LOCATION Program Year from I 2015 OVERLAY YEAR WARD FROM TO WIDTH f t. ( ) LENGTH (f .) AREA (S.Y.) Area (Lane Mlles) Surface Mix Typo Fog Seal RUNNING TOTAL 01.34 Streets And Alleys Year Year McCarty St. 2018 2014 1 Chestnut St. Locust St. 32 930 3307 0.51 Fog 84,430.93 94,430.93 McCarty 5t. 2018 2014 1 Lafayette St. Chestnut St. 38 890 3758 0.58 Fog 95,035.42 99,466.36 McCarty St. 2018 2014 1 Locust St. Clark Ave. 38 620 2618 0.41 Fog 03,507.82 512.974.18 SI. Louis Rd 2018 2014 1 McCarty St. McCarty St. 27 7415 22245 3.45 Fog 529,808.30 542.782.48 Jefferson St. 2018 2014 2 Capitol Ave. High St. 53 440 2591 0.40 Fog 53,472.09 546,254.57 Jefferson St. 2018 2014 2 High St. McCarty St. 53 440 2591 0.40 Fog 93,472.09 049,726.66 Jefferson St. 2018 2014 2 McCarty St. W. Expressway 46 780 3987 0.62 Fog 95,342.13 955,068.79 McCarty St. 2018 2014 2 Bolivar St Hwy 54 On Ramp 46 475 2428 0.38 Fog 53,253.22 558,322.01 Air View Dr. 2018 2014 3 Southern Air Dr. Royal Air Dr. 30 250 833 0.13 Fog 51.116.67 559,438.68 Belair Dr. 2018 2014 3 Hillsdale 13r. Twin Hill Dr. 26 2530 7309 1.13 Fog 59,793.91 569,232.59 Belair Dr. 2018 2014 3 Main St. Hillsdale Dr. 26 680 1964 0.30 Fog 52,632.36 571,864.94 Fox Creek Rd. 2018 2014 3 Schellridgo Dr. W. End 29 850 2739 0.42 Fog 53,670.11 575,535.06 Main St. W 2018 2014 3 Jaycee Dr. 179 30 2125 7083 1.10 Fog 99,491.67 985,026.72 Old Gibler Rd 2018 2014 3 Shollridgo Rd W. Sterling Price Rd 30 1200 4000 0.62 Fog 55,360.00 590,386.72 Schellridgo 2018 2014 3 Country Club Jaycee Dr. 34 2590 9784 1.52 Fog 513,111.16 5103,497.88 Schellridge West 2018 2014 3 Shellridge Rd Fox Creek Rd. 30 930 3100 0.48 Fog 94,154.00 5107,651.88 Southern Air Dr. 2018 2014 3 Bolalr Dr. Eastern Alr Dr. 29 840 2613 0.40 Fog 53,501.87 5111,153.74 Satinwood Dr. 2018 2014 4 Stadium Cedar Brooke Dr. 31 1300 4478 0.69 Fog 06,000.22 9117,153.97 Vieth Dr. 2015 2014 4 Cedar Brooke Dr. Oakridge Dr. 32 1120 3982 0.62 Fog 55,336.18 5122,490.14 Williams St 2018 2014 4 Dix Rd. St. Marys Blvd 25 1150 3194 0.50 Fog 94,280.56 5126,770.70 Lafayette 2018 2014 5 Jason Gym Creek17 660 1247 0.19 Fog 51,670.53 5128,441.23 Tanner Bridge Rd 2018 2014 5 Ellis Blvd Christy 32 4225 15022 2.33 Fog 520,129.78 5148,571.01 Cochise Ln 6 2015 1 Tomahawk Rd. Mohawk Dr 33 1150 4217 0.65 Fog 55,650.33 S154,221.34 Marshall St. 2089 2015 1 State St. Capital Ave. 24 450 1200 0.19 Fog 51,608.00 5155.829.34 Mohawk Dr. 2010 2015 1 Tomahawk Rd. Indian Meadow Dr. 33 2900 10633 1.65 Fog 014,248.67 9170,078.01 Redwing Dr. 2019 2015 1 Mohawk Dr. Dead End 32 1200 4267 0.66 Fog 55,717.33 5175,795.34 Tomahawk Rd 2019 2015 1 Algoa Rd End 33 2635 9662 1.50 Fog 512,946.63 5188,741.98 Oolong Way 2019 2015 2 Atchison St. W Hess Way 8 320 284 0.04 Fog 9381.16 5189,123.13 Dunklin St. 2510 2015 2 Jefferson St. Madison St. 47.5 335 1768 0.27 Fog 52,369.19 9191,492.33 SCHEDULE OF QUANTITIES 2018 FOG SEAL PROJECT 2018 2019 2020 7 total 9148,571.01 5141,907.86 $0 00 50.00 5290,478.87 LOCATION Program Yoar from 2015 OVERLAY YEAR WARD FROM TO WIDTH (ft.) LENGTH (ft.) AREA (S.Y.) Area Milos) Surface Mix Typo Fog Seal RUNNING TOTAL 51.34 Guehlman Way 2019 2015 2 Atchison St. W Hess Way 10 230 256 0.04 Fog 9342.44 5191,834.77 Hess Way 2019 2015 2 Jefferson St. Washington St. 12 500 667 0.10 Fog 5893.33 5192,728.11 Madison 2219 2015 2 Capital Ave. State St. 44 440 2151 0.33 Fog 52,882.49 0195,610.59 Miller St. _. 2015 2 Broadway SL Mullbery St. 25 1000 2778 0.43 Fog 53,722.22 5199,332.82 Monroe St. _ 2015 2 Dunklin St. E Hickory St. 30 1225 4083 0.63 Fog 55,471.67 5204,804.48 State SL 2222 2015 2 Madison St. Marshall SI. 28 1900 5911 0.92 Fog 57,920.89 5212,725.37 Constitution Blvd 2019 2015 3 Truman Blvd Williamsbury Way 30 1600 5333 0.83 Fog 57,146.67 9219,872.04 Madelines Park Cir. 2019 2015 3 Section 1 23 2600 7156 1.11 Fog 99,588.44 5229,460.48 Virginia Trail 2017 2015 3 Constitution Dr 417 Virginia Trail 28 1450 4511 0.70 Fog 56,044.89 I235,505.37 Foxboro Dr _ 2015 4 Nob Hill Concrete 30 29D 967 0.15 Fog 51,295.33 5236,800.71 Harpers Ferry ... 2015 4 Edgewood Dr. End of Concrete 33 225 825 0.13 Fog 51,105.50 5237,906.21 Harpers Ferry 2, 2015 4 End of Concrete Gettysburg PI 33 600 2200 0.34 Fog 52,948.00 5240,854.21 Nob Hill 2019 2015 4 Fairway Dr Concrete 30 1780 5933 0.92 Fog $7,950.67 5248,804.87 Shermans Hollow 2019 2015 4 Wildwood Dr. Geltyburg PI 30 1900 6333 0.9B Fog 58,486.67 5257,291.54 South Country Club Dr. 2212 2015 4 Concrete N. of Edgewood Dr. 1000' North 33 1000 3667 0.57 Fog 94,913.33 5262,204.87 Leslie Blvd 2015 5 1000 Leslie Blvd Chestnut 40 925 4111 0.64 Fog 55,508.89 5267,713.76 Leslie Blvd .. 2015 5 Moreau Dr. Rosevalley Dr 40 930 4133 0.64 Fog 55,538.67 9273.252.43 Leslie Blvd 2019 2015 5 Rosevalley Dr 1000 Leslie Blvd 20 600 1333 0.21 Fog 51,786.67 5275,039.09 Rosevalley Dr 2019 2015 5 1323 Rosevalley Dr. Carol St. 28 625 1944 0.30 Fog 52,605.56 9277,644.65 Rosevalley Dr 2019 2015 5 Leslie Blvd 1323 Rosevalley 14 500 778 0.12 Fog 51,042.22 9278,686.87 Southwest Blvd 2019 2015 5 Cedar Ridge Rd Stadium Blvd 33 2400 8800 1.36 Fog 511,792.00 9290,478.67 EXHIBIT A CITY OF JEFFERSON CONSTRUCTION CONTRACT THIS CONTRACT made and entered into the date last executed by a party as indicated below, by and between Musselman & Hall Contractors, 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. 32156, 2018 Fog Seal. 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 "2018 Fog Seal" 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 o rdinances 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 (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 RSMo. 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 (including coverage for Bodily Injury and Property Damage) $3,000,000 per occurrence $3,000,000 aggregate Comprehensive Automobile Liability Insurance (including coverage for Bodily Injury and Property Damage) $3,000,000 per occurrence $3,000,000 aggregate Employer’s Liability $3,000,000 bodily injury by accident (each accident) $3,000,000 bodily injury by disease (each employee) $3,000,000 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 RSMo., 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 t he 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 wit hout 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 a s 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. Perm itting 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 genera l 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, o r 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 Sect ion 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 19, 2018 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-Eight Thousand Five Hundred Seventy-One Dollars and Sixteen Cents ($148,571.16). 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 pr evailing 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 o ral 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 Breach . 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 groun d 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 4922 East Blue Banks, Kansas City, MO 64130. The date of delivery of any notice shall be the second full day after the day of its mailing. CITY OF JEFFERSON QgM-�� Mayor: Carrie Tergin (e, / iq Dat : ATTEST: C clerk APPROVED AS TO FORM: CONTRACTOR ,pqC SS� Title CFD q/3 Date(. ATTEST: Title: jvw ILI A -oma