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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/ / 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 / 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