HomeMy Public PortalAboutORD15908 BILL NO. 2018-128
SPONSORED BY CouncilmanQHussey
ORDINANCE NO. f5' t '
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH DON
SCHNIEDERS EXCAVATING COMPANY, INC., IN THE AMOUNT OF $2,611,008.04
FOR THE DUNKLIN STREET BRIDGE AND CORRIDOR PROJECT.
WHEREAS, Don Schnieders Excavating Company, Inc. has become the apparent
lowest and best bidder on the Dunklin Street Bridge and Corridor project.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. The bid of Don Schnieders Excavating Company, Inc. is declared to
be the lowest and best bid and is hereby accepted for the Dunklin Street Bridge and
Corridor project.
Section 2. The Mayor and City Clerk are hereby authorized to execute an
agreement with Don Schnieders Excavating Company, Inc. for the Dunklin Street Bridge
and Corridor 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: Apri l l5, 2019 Approved: /0/d0/
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Presiding Officer / Mayor Carrie Tergin
ATTEST: APPROVED AS TO FORM:
Ci y Clerk effc 'ounselor
CITY OF JEFFERSON
CONSTRUCTION CONTRACT
THIS CONTRACT made and entered into the date last executed by a party as
indicated below, by and between Don Schnieders Excavating Company, Inc.
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. 32155, Dunklin Street Bridge and Corridor.
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 "Dunklin Street Bridge and Corridor" in
accordance with the plans and specifications on file with the Department of Public
Works.
2 . 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 21, 2019
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 Two Million Six
Hundred Eleven Thousand Eight Dollars and Four Cents ($2,611 ,088.04).
3. 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 , on or before 5:00P.M. Wednesday, November 27, 2019 .
Notice to Proceed will be issued by the Director of Public Works within ten (1 0) days
after the date of this contract.
4 . 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 th is p ro ject because
Contractor has obtained the prevailing hourly rate of wages from the contents of the
current Annual Wage Order No. 25, 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 sha ll 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
($1 00 .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 th is
contract, by the Contractor or any subcontractor under the Contractor .
5. 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 establ ished 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 ma in ta ining 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)
Comprehensive Automobile Liability
Insurance
(including coverage for Bodily Injury and
Property Damage)
Employer's Liability
$500 ,000 per occurrence
$3,000 ,000 agg re gate
$500 ,000 per occurrence
$3 ,000 ,000 agg rega te
$3 ,000,000 bod ily injury by
accident (each accident)
$3,000,000 bod ily inj ury 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 Insuran ce 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 insurab le va lue of th e Proje c t,
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 M issouri
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.
6. 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 .
7. 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 admin istrative 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 C ity , 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.
8. Termination .
The City reserves the right to terminate th is 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 d isregard
instructions of the City or fail to observe or perform any provisions of the contract.
9 . City's Right to Proceed.
In the event this contract is terminated pursuant to Paragraph 8, 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 provis ions of the contract, City
ordinances , and state and federal laws.
10. 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 aga i nst 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 b reach
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 th is 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 d irectly or indirectly
emp loyed by any one of them or anyone for whose acts any of them may be li ab le,
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 , disabili ty
benefit acts or other employee benefit acts .
The Contractor shall reimburse to the City any costs and attorneys' fees that the C ity
may reasonably incur in pursuit of any remedies at law or equity or enforcement of
any rights established in this Contract, which may resu lt 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.
11 . 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 t he payment of al l
materials and labor used in the performance of this contract.
12 . Supplies .
The Contractor is hereby authorized and directed to utilize the C it y's sales ta x
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 C ity.
13. Performance and Materialman's Bonds Required .
Contractor shall provide a bond to the City before work is commenced , and no later
than ten (1 0) days after the execution of this contract, guaranteeing the Cont racto r's
performance of the work bid for, the payment of amounts due to a ll 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 d iscreti on . The amou nt of t he
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 shal l be adjudged
illegal , invalid , or unenforc eable , su c h illegality, invalidity, or u nenforc eab i lity shall
not affect the legality, validity , or enforceability of the contract as a whole , o r 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 M issou ri. T h e courts of
the State of Missouri shall have jurisdiction over any dispute which a rises under th is
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 co ntract ,
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 . Gener a l Provisions
b . Addenda g . Special Prov is ions
c . Information for Bidders h. Technical Speci f icatio ns
d . Notice to Bidders i. Drawing and/or Sketches
e . Signed Copy of Bid
This contract and the other documents enumerated in th is 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 specifical ly 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 b ind ing 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 cond itions herein shall not be deemed a waiver of any
such terms , covenants or conditions , nor shall any failure at one or more t imes be
deemed a waiver or relinquishment at any other t ime 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 th e
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 docu mentation , affirm its
enrollment and participation in a federal work authorization program with
respect to the employees working in connection with the c ontra c ted servi ces.
B . Contractor shall sign an affidavit affirming that it does not knowin gly 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 , partnersh i p , 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 w ork :
A . C ontractor shall prov ide a ten-hour O ccupational Safety and Health
Adm inistration (OSHA) construction safety program for the ir on-s ite
employees which includes a course in construction safety and health
ap p roved by OSHA or a s imilar program approved by the de partment w h ich is
at least as stringent as an app roved OSHA program .
B . Al l employees subject to this provis ion are required to comp lete the program
w ith in si xty days of beg inning work on such constru ction 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 , 8, 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 8 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 w ith 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
trans ient 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 1307 Fairgrounds Road, 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 CONTRACTOR
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C. R9t32-e—
Mayor:
Carrie Tergin / Title: President
An/�,� _-�Q J .>0q April 11 , 2019
Date: '� ( Date:
ATTEST: ATTEST: ' pe4(
•
Vice President
City Clerk • Title:
APPROVED AS TO FORM:
City ' o.nselor