HomeMy Public PortalAboutORD15020 BILL NO. 2012-70
SPONSORED BY COUNCILMAN Scrivner
ORDINANCE NO. I � )� w
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH STOCKMAN
CONSTRUCTION CORPORATION TO CONSTRUCT THE 2012 VARIOUS SEWER MAIN
REPAIRS,
WHEREAS, Stockman Construction Corporation has provided the lowest and best bid to
complete the work needed to facilitate the 2012 Various Sewer Main Repair
project.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI AS FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized to execute a contract
with Stockman Construction Corporation for the 2012 Various Sewer Main Repairs project.
Section 2. The contract shall be substantially the same in form and content as the
contract attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: fI ! , [ ��r Approved: r
Presiding Officer `` Mayo(
ATTEST: APPR01! AS TO FORM:
City Cle k rL CWCounselor
FINANCE DEPARTMENT
PURCHASING DIVISION
SUBJECT: Bid 2632— Project 31108 --2012 Various Sewer Main Repairs
Public Works, Wastewater, Opened August 28, 2012
BIDS RECEIVED:
Stockman Construction, Jefferson City, MO $ 212,555.00
J.C. Industries, Jefferson City, MO $ 244,227.00
Hutchins Telecom, LLC, Belle, MO $ 239,835.00
Lehman Construction, LLC, California, MO $ 300,245.00
Sterling Excavating, Jefferson City, MO $ 296,690.00
Don Schnieders Excavating, Jefferson City, MO $ 299,929.00
The project was advertised in News Tribune, posted on the city web site and sent to seven plan
houses.
FISCAL NOTE:
64-990-579850
Sewer Rehab & Replacement
Budget 2011-12 $234,000.00
Expended -0-
Expensed -0-
Bid 2632 $212,555.00
Balance $ 21,445.00
PAST PERFORMANCE:
The City has awarded projects to this contractor in the past and staff feels the firm will complete
the project as specified and bid.
RECOMMENDATION:
Staff recommends award of the bid to the lowest and best bid meeting specifications, Stockman
Construction Corporation of Jefferson City, Missouri in the amount of $212,555.00.
ATTACHMENTS - SUPPORTING DOCUMENTATION
Signature W v �` f t)-lL!1
Pur h sin Agent Public Works Director
City of Jefferson � r � Eric J. st>ruemph, Mayor
Department of Public Works a J RogerSchwartre,P.E.,Director
320 E McCarty St. '_ "�- Phone:573-634-6410
Jefferson City, MO 65101 — Fax: 573-634-6562
1925
Date: August 30, 2012
To: Terry Stephenson - Purchasing Agent, Finance nn
Through: Roger Schwartze, P.E., Director of Public Works Al-S
From: Eric Seaman,P.E. - Wastewater Division Director/o(
Re: 2012 Various Sewer Main Repairs
Project No. 31108
Wastewater Division has completed a review of the bids opened at 1:30 PM on August 28, 2012
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 six (6) bids that were received for the project.
Based on our review, we recommend acceptance of the base bid and alternate from the low
bidder, Stockman Construction Corp., 2021 Idlewood Road, Jefferson City, MO 65109. The bid
and alternate total is $212,555.
The project will be expensed as follows (after budget transfers):
Stockman Construction Corp.. Construction Contract ($212,565):
Account Number: Amount Available: Required: Remaining:
64-990-579850 $234,000 $212,555 $21,445
Total $212,555
If you need any other information please feel free to contact me at extension 6443.
Attachments: Bid Tabulation Sheet
Original Bid Submittals (returned previously)
cc: Project File
n . `VD
F:ICUY-PRRJECTSU1108-2012 Various Sewer RepairslCorrespondencetmemo to purchasing-low bid.docm
Page 1 CITY OF JEFFERSON
Date:Aug.28,12 BID TABULATION
Bid No,2632 2012 VARIOUS SEWER MAIN REPAIRS
PROJECT NO.31108
ENGINEER'S ESTIMATE Stockman Cunmruclian Jr Industries,Inc. Hutchins Telecom,LLC
UNIT UNIT UNIT
ITEM NO. DESCRIPTION UNIT QUANTJ UNIT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT
1,01 Connect to Manhole Sin 0+00 LS 1 $6,000.00 S6,Ocaoe $4,50690 S4,500.00 $2,375.00 S2,375.00 52,606.00 $2.600.00
1.02 Canned to Manhole Sm 2+71 LS 1 S 6,000.00 $6,000.00 S3,500.a0 $3,500.00 $1,700,00 51,706.00 $5,200.00 $5,200.00
1.03 New Manholes EA 2 $2,500.00 55,006.60 54,06100 $8,060.00 52,751100 55,500.00 $2,700,00 55.40000
1.04 IS-Inch Sanitary Sewer LF 276 $130.00 $30,140.00 $12S.O6 534,750.00 S155.9q $43,090.00 $140,00 S30,920aq
1.05 Lateral for 6O1 Madmen LS 1 $400.00 5400.00 $2.250.00 $2,250,00 S3 OQQ.0O $3,000,00 $2400.06 52,400.00
1.06 Lataml for603 Madison LS 1 $400.60 5400.0C $2.250.00 $2,250,00 $2,350.ga 52,356,60 52,460,00 $2.400.00
1.07 Construction Slgnage and Generic Tralfic LS 1 $12,000.00 512,0006(1 50.500.90 $6,500.00 $10,0011.00 516,000,00 510,aa00a $10,000.00
Central
1.00 Removals LS 1 $7,160.00 $7.160.00 $10,009.66 $10,006,00 55.00(1.00 $5,000.00 5450,00 5450.00
1.09 6-Inch PCC Sidewalk Replacement SY 4 $120.00 540I1110 5250.06 $1,ex00a $115.00 5460.00 $100.00 S`10000
1.1 Curb and Gutter Replacement LF 12 $30.00 $360,00 $100.06 $1,200.00 S42,00 $504.00 575,00 $900.00
1-11 9-112-incA LNck PCC mad mplacement SY 242 580.00 $19,36a.Ox $65.00 $15,736.015 $55,00 $13,310.00 $95,aa $22.990.00
1.12 ReseedinglMuldiing LS 1 $150.06 $150.66 $1,000.60 $1,0069G 52,100,00 $2,100.06 $800.06 580060
1,13 Erosion Central LS 1 $500.00 SKI)cc $500.00 5500.00 $1,356.06 51,35606 $550.00 5550.00
1.14 Rcck.Excavatien(Mechankal) CY 7 S15a.60 51,050.00 $200.110 S1,4GU.00 $400.00 $z,aaa.oa $140.00 S9a0a0
Sublolal Area 1
201 Manhdl s(new and replacement) EA 5 52.500.00 S12,50a.00 $4,060,00 $20,000.00 53,550.00 S17,756.a0 $5,100.06 525,50000
2.02 0-Inch Sanitary5owur LF 150 $100.60 51606.00 $125.00 S1D.750.00 $iS3.00 $24,174.00 $175.00 $27,65000
2-03 Construction Slgnage and Generic Traffic LS 1 $9.000.00 $9.000.00 $0,000.06 $0.000.00 $8,650.00 58.850.00 510,000.60 $10,000.00
Central
2.04 Removals LS 1 $11,010.00 $11,010,00 S6,00O.00 56,000.00 $4,400.00 $4400.00 5456.00 5456.00
2.05 9-1/2-Inch PCC Commardal Driveway Approach SY 18 $80.00 51.4-0,011 $150.06 52,70060 555.50 $999.00 $100.00 $1,1100.00
2.06 6-inch thick PCC Sidevralk romave and replace SY 1 $120.00 5720,00 $1,000.00 $1,(30000 $115,00 5115,00 5120.00 5120.00
2.07 11,E nch thick PCC Sidewalk Ramps,R-ave and SY 1 5120.00 512000 $1,000.00 51,000.00 $115.00 $115,00 $155.00 5155.00
Replace
Zoe Curb and Gutter replacement LF 6 530.06 $76400 5100.00 56015,00 $45.00 $27000 $75.00 $450.00
2.09 Rock Exwvatlon(Mechadcal) CY 6 $150.00 $9(30,06 $200.00 $1203,60 SADO.00 $2,406011 5140.00 564666
2.1 Reconnect lateral at 1130 East Ounklln LS 1 51,500.00 $1,50000 51.250,00 51,25000 51,700.00 $1,700.00 $1,750.00 $1,750.00
2.11 Cap and Of flinch sewer CF 27 S96.00 52,430.00 525,00 5675110 $5000 $1,356.00 $160,00 52,706.00
Subtotal Area 2
3.01 Erasion Control LS 1 517,900.06 $17,900.00 53,6a0,G6 $3,600,00 59,150.00 59,15010 55.400.00 $5,46000
3.02 Removal of 12'Diameter Tme and Larger EA 9 $1,600.00 $9,000.00 5401)OO S3,60090 $715,00 $6,435.00 $455.00 $9,095.01)
3.03 Canned to Sxlsting Sanitary Sewer EA 2 51,500.00 53,1100.00 51,200,06 52,400.00 5400,00 5800.00 $500.00 $1,000.013
3.04 Tracer Wire Pull Boxes EA 2 S1,509.0a 53000110 $1,200,00 52,400.60 $400.00 $000.00 $1,155,x0 52.310.00
3.05 6-Sanilary Sewer Femarnaln IC500 PR235 LF 1130 532.00 S3G,16mm $17.00 $19,210.00 $25.00 $29,25090 $26.00 $29,360,00
PVC)
3.66 6'❑uclilu Iron 22.5-degree Bend(Rc51mined EA 3 51.000.00 $3,006.00 S50a.00 S1,Suu.66 5750.60 4450.00 $365.00 $1,095,00
Jninl)
3.07 6"Ductlln Iron 45-degreo Bend(Reslmined EA 1 550Q.QO $500.00 $50000 5500.00 5150.00 SiS0.00 $375.00 S375-00
Joint)
3.06 Raseedinga lulnhiay LS f $160x on 55,000.06 S4,5OOaa $4,500.0(5 Stu,uuu.00 $s6.66a66 57,685.60 57,695.00
3,09 Rock Excavation(Medumlml) CY is 515100 $2.400.00 S200.00 S3.200.00 54000u $6,400.00 5146.00 $2,240.40
Subtotal Area 3
TOTAL BASE BID $225,960,00 $195,665,00 $210,697.00 $210,9115.00
OVERIUNDER ENGINEER'S EST. -13.4% -35%1 4.1%
ALTERNATEA-
Al Erosion Control LS 1 $6,860.66 $4,80090 51,6x6.uo 51,006.60 S2,25a.O0 52,250.00 $1,000,00 51.000.00
A2 Removal of 12'01amelar Tree and Larger EA 2 $1,001).06 $2,000 0C S40a00 $000.00 5715.00 51,43090 5455.00 5910.00
A3 6'Sanitary Sewer Forcema€n(C000 PR235 LF 570 $32.00 S18,240.0 $17.00 $9,090.00 $25.00 514,250.60 526.00 $14,820.00
PVC)
A4 Re5eedinglMuiching LS 1 $500.00 SSQQ.00 S3.110(1.00 $3,000.00 $5,OOD.00 S5.000,00 $3,001)90 S3.000.00
AS Rock Excavation CY 6 $150.00 $1,200.00 5200,00 51,60090 $400.00 53,2caoo $140.00 $1,120.00
TOTAL ALTERNATE A $28,740,0 510090.00 $26.130,00 $20,650.001
TOTAL CONTRACT WITH ACCEPTED ALTERNATES 5252,700.00 $212,555.00 $244,227.00 $239,075.110
Page 2 CITY OF JEFFERSON
Dale:Aug.20,12 BID TABULATION
Sid No.2632 2012 VARIOUS SEWER MAIN REPAIRS
PROJECT NO,31180
Lehman ConslrucIlDn Sterling Excavahng Don Schnieders Excavating
UNIT UNIT UNIT UNIT
ITEM NO DESCRIPTION UNIT OUANTI PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT
1.01 Connect to Manhole Ste O+1111 LS t $1,985.03 $1,985,00 $17500.60 $17,000.09 $4,420.1)6 $4,420.00
1.02 Connect to Manhole Ste 2+71 IS 1 51,599 DO $1509.00 $5,00D.00 $5,006,1)1) $0,170.00 50,170.OD
1.03 Now Manholes EA 2 53,756.On $7,576.03 $2,50113D $5,000.D3 $4,869.00 $9,72D.00
1.64 15-Inch Sanitary Sewer €F 279 $10 L00 $26,079,90 $190.00 552,620.00 $103.00 $50A74.60
9.05 Lateral for 6131 Madison LS t $1,000.00 51,90D.00 $1300.00 $1,000.00 $2,210,00 $2,210.00
LOS Lateral for 503 Madison LS t 51,90000 $1,906.OD $2,660.00 $2.000.00 52270.130 $2,210.00
1.67 Conalruclion Signxge and Genera Traffic LS 1 S7,590.00 $T5a0.DD $6,003.00 56,61)D.03 sta.000.60 $10,00D96
Control
1.00 Removals LS 1 $15,235.01) 515,225.00 $6,DOD,DO SB,DOO,on $16,040.00 516,040.03
1,09 6-inch PCC Sidewalk Replacement SY 4 $109.00 $436.00 5193,66 $772.OD $17D,OD $60O.OD
1.1 Curb and Gutter Raptacoment LF 12 555.00 $661TOD $64.56 5774,OD $57.00 $68400
1.11 9-112-inch thick PCC mod replacement SY 242 $115.00 $27,030.06 $80.50 $19,4111.011 $34.00 520,320.01)
1.12 Reseeding)Mulching LS 1 $500,00 $500.0a $1,000.44 $1,000.00 $100.00 5700.60
L13 Erosion Control LS 1 $550.06 $550.00 $50D.00 $500.00 $BDD.DD $500.00
1.14 Rock Excavatlon(Mechanical) CY 7 5760,00 $7DD.DD 520091) $1,400.90 53OD.66 $2,100.00
2.01 Manholes(new and replacement) EA 5 $5,150.00 $25,750.00 $2,50O.DO 512560Oa $5,232.00 526,166.60
2.02 B•inch Sonflary Sewer L" 750 $125.66 $19,750.00 $345.00 554,510.013 $267,00 $45,340.00
2.03 Conskudion Slgnage and Genodc Traffic LS I 5B,a013,Do $6,6OD.OD 56503,06 $5,500.00 $5,e60.On $5,00(3.00
Control
2.04 Removals LS 1 $T1,750 DD $71,250.03 S7,Dn6.06 $7,000.33 S1o380.00 $1 D,85D.OD
2.05 9-112•inchPCC Commercial Onveway SY 10 $125.21) 52,253.BO S07.00 $1,566.0a $105.00 $3,330.00
Approach
2,05 5-inch thick PCC Sidewalk remove and replace SY 1 $199.00 5199.00 $467.96 $457,09 $206,66 $200,00
2.07 6-inoh thick PCC Sfdawalx Ramps,Remove SY 1 526591] $205.00 $755.00 $755.66 5701.Ozl $74D.00
and Replace
2.08 Curb and Gutter replacement L 6 51a9.03 $654.90 S65 Oa $390.40 577,00 $46290
2,09 Rock Excavation(MechnnIcai) CY 5 5225.00 $1,35D.00 $200.00 51200.00 S301).0O $1,0011.110
2.1 Raconnact lateral at 1136 East Ounklln LS 1 St,DD0.0e $1 o06.3a 51,000.00 S130n.00 $2,210.00 $2,21n.On
2.11 Cap and rill&inch sewer CF 27 $46A1) 57,242.00 $115.60 5405OD $20 DO $540.00
3.131 Erosion Conlror LS I 57,060,00 $7AO6.00 52,9013.06 $2,000.00 $2,025.01) $2,025.00
3,32 Removal of 12"Diameter Tree and Larger E.4 9 $608 On $6,192.06 $2,30D.00 $20,760.00 5425.60 $3,525.00
3.03 Connod to Exisfing Sanitary Sewer EA 2 $2,600 an $5,600.03 51,546.36 $3,OOD.00 51,546.66 $3,1)00.00
3.04 Traver Wire Pull Boxes EA 2 $000.01) $1,60000 557503 $1,150.00 $1,700.00 53,40D.DD
105 S'Sanitary Sewer Forcemain(C90O PR235 LF 1134 $56.20 $65,766,00 $26.00 52$,350.00 VTOD 530,516.00
PVC)
3.06 6"Ductile Iron 22-5-degree Bend(Restrained EA 3 5759.00 $2,277.613 $250.60 57110,013 $150.OD $450.00
Joint)
3.07 5"Ductile Iron 45-degree Bend(Restrained EA 1 $759.03 $750.00 5250.00 5253.00 5155.Oa $155.00
Jolnl)
3.OB ReseedinglMulcNng LS 1 $2,560,00 52,590.00 $2,300.00 52,300.00 $5,000 DO $5,OOD.130
309 Rack Exravation(Machaniml) CY is 51.00 $16 on 524a.a0 53,20n 013 $300.00 $4 ADO 110
TOTAL BASE 610 3258,671.06 $273,370.00 $277,280,00
%OVERIUNDER ENGINEER'S EST. 14.5% 21.0%1 22.7%
ERROR
ALTERNATEA-
Al Erosion Control LS 1 $2,00006 52,nOO,OO 51,600,30 $1,460.03 St,500.00 $1,500,139
A2 Removal of 12'Diameter Tree and Larger EA 2 $1.006.00 $3,606.00 $2,300.00 $4,600.00 $425.00 5959OD
A3 6"Sanitary Sewer Forcemain(C903 PR235 LF 570 $50.20 $33,174,00 $26,00 5£4,820.00 $27.00 $15,390.00
PVC)
A4 ResecdfnglMulmh ng LS 1 $?XDOD 52300 00 $1,3011,011 $1 30D,DD $2 50uO $2,500.00
A5 Rack Excavation CY B $104.06 $506.60 $200.00 5130D_na $300.00 52,400.00
TOTAL ALTERNATE A $41,574.40 $23,320.00 522,64a.00
TOTAL CONTRACT WITH ACCEPTED ALTERNATES $300,245.60 $246,690.013 $25D,929.01)
CITY OF JEFFERSON
CONSTRUCTION CONTRACT
THIS CONTRACT made and entered into this day of 2012,
by and between Stockman Construction Corporation 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:
a Project No. 31108, 2012 Various Sewer Main Repairs.
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 "2012 Various Sewer Main Repairs" 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 150 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. 19, 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
L
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.
Contractor shall procure and maintain at its own expense during the life of this
contract:
(a) Workmen's Compensation Insurance for all of its employees to be
engaged in work under this contract.
(b) Contractor's Public Liability Insurance in an amount not less than
$2,000,000 for all claims arising out of a single occurrence and $300,000 for any one
person in a single accident or occurrence, except for those claims governed by the
provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo., and
Contractor's Property Damage Insurance in an amount not less than $2,000,000 for
all claims arising out of a single accident or occurrence and $300,000 for any one
L person in a single accident or occurrence.
(c) Automobile Liability Insurance in an amount not less than $2,000,000
for all claims arising out of a single accident or occurrence and $300,000 for any one
person in a single accident or occurrence.
i
(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 $2,000,000 for all claims arising out of a single accident or occurrence and
$500,000 for any one person in a single accident or occurrence, 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 reason of blasting, explosion or collapse.
r, 9 Y 9� P P
(e) 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.
(f) Scope of Insurance and Special Hazard.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
17 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.
711
NOTE: Paragraph (f) is construed to require the procurement of Contractor's
protective insurance (or contingent public liability and contingent property damage
7
7
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 City may deduct Five Hundred Dollars ($500.00) from any amount otherwise
due under this contract for every day the Contractor fails or refuses to prosecute the
work, or any separable part thereof, with such diligence as will insure the completion
by the time above specified, or any extension thereof, or fails to complete the work
by such time, as long as the City does not terminate the right of Contractor to
proceed. It is further provided that Contractor shall not be charged with liquidated
damages because of delays in the completion of the work due to unforeseeable
causes beyond Contractor's control and without fault or negligence on Contractor's
part or the part of its agents.
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.
n
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 will indemnify and hold
harmless the City, its elected and appointed officials, employees, and agents from
and against any and all claims, damages, losses, and expenses including attorneys'
fees arising out of or resulting from the performance of the work, provided that any
such claim, damage, loss or expense (1) is attributable to bodily injury, sickness,
disease, or death, or to injury to or destruction of tangible property (other than the
Work itself) including the loss of use resulting therefrom and (2) is caused in whole
or in part by any negligent act or omission of contractor, any subcontractor, anyone
directly or indirectly employed by any of them or anyone for whose acts any of them
may be liable, regardless of whether or not it is caused in part by a party indemnified
( hereunder. Such obligation shall not be construed to negate, abridge, or otherwise
reduce any other right or obligation of indemnity which would otherwise exist as to
any party or person described in this Paragraph.
i
10. Payment for Labor and Materials.
The Contractor agrees and binds itself to pay for all labor done, and for all the
materials used in the construction of the work to be completed pursuant to this
contract. Contractor shall furnish to the City a bond to insure the payment of all
materials and labor used in the performance of this contract.
11. Supplies.
The Contractor is hereby authorized and directed to utilize the City's sales tax
exemption in the purchase of goods and materials for the project as set out in
Section 144.062 RSMo 1994 as amended. Contractor shall keep and maintain
records and invoices of all such purchases which shall be submitted to the City.
12. Payment.
The City hereby agrees to pay the Contractor for the work done pursuant to this
contract according to the payment schedule set forth in the Contract Documents
upon acceptance of said work by the Director of Public Works and in accordance
Rh the rates and/or amounts stated in the bid of Contractor dated
o� b� which are by reference made a part hereof. No partial
` payment to the Contractor shall operate as approval or acceptance of work done or
�a materials furnished hereunder. The total amount of this contract shall not exceed
i Two Hundred Fifteen Thousand, Five Hundred Fifty-five Dollars ($215,555).
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
1
f
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.
r 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
2, 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.
E , 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
r , Contract between the parties. These documents are as fully a part of the contract as
if attached hereto or repeated herein.
18. Complete Understanding, Mercier.
Parties agree that this document including those documents described in the section
entitled "Contract Documents" represent the full and complete understanding of the
G-, 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.
n 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.
r, In the event that either party shall seek to enforce the terms of this contract through
litigation, the prevailing party in such action shall be entitled to receive, in addition to
any other relief, its reasonable attorney's fees, expenses and costs.
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
n
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 Traininq
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
r , 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. Excessive Unemployment.
During periods of excessive unemployment (any month immediately following two
consecutive calendar months during which the level of unemployment is the state
has exceeded five percent as measured by the United States Bureau of Labor
Statistics) only Missouri laborers (persons who have resided in Missouri for at least
thirty days and intend to become or remain Missouri residents) and laborers from
non-restrictive states (persons who are residents of a state which has not enacted
state laws restricting Missouri laborers from working on public works projects in that
state, as determined by the Labor and Industrial Relations Commission), may be
employed under the contract, except that other laborers may be used when Missouri
laborers or laborers from nonrestrictive states are not available, or are incapable of
performing the particular type of work involved, if so certified by the contractor and
approved by the contracting officer.
27. 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
i 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.
28. 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 2021 Idlewood Road, Jefferson City, MO
65109. The date of delivery of any notice shall be the second full day after the day
of its mailing.
FI
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ran
INfiTNESS WHER OF, the parties hereto have set their hands and seals this
day of ) 2012.
CITY OF JEFFERSON CONTRACTOR
Mayor I e:
ATTEST: ATTEST:
City Cler
APPROVED AS TO FORM:
v'
I y COL,nseior