HomeMy Public PortalAboutORD16113BILL NO. 2020-068
SPONSORED BY Councilmember Hussey
ORDINANCE NO. IUI15
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A $959,700 AGREEMENT WITH MARTIN
GENERAL CONTRACTORS LLC FOR THE BINDER PUMP STATION UPGRADE
PROJECT.
WHEREAS, Martin General Contractors LLC has become the lowest and best bidder
on the Binder Pump Station Upgrade Project.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. Martin General Contractors LLC is declared to be the lowest and best
bid and is hereby accepted for the Binder Pump Station Upgrade Project.
Section 2. The Mayor and City Clerk are hereby authorized to execute an
agreement with Martin General Contractors LLC for the Binder Pump Station Upgrade
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: Ayytj-
I
Presiding Officer
ATTEST:
-avo"c; L�A� 7
Mayor Carrie Tergin
APPROVED AS TO FORM:
City At r y
CITY OF JEFFERSON
CONSTRUCTION CONTRACT
THIS CONTRACT made and entered into the date last executed by a party as indicated
below, by and between Martin General 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. 31164, Binder Pump Station Upgrade.
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 "Binder Pump Station Upgrade" 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 9, 2021 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 Nine Hundred Fifty -Nine Thousand, Seven Hundred Dollars.
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, within 270 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.
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 this project because Contractor has obtained the
prevailing hourly rate of wages from the contents of the current Annual Wage Order No.
64, 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.
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 established by Section 537.610
R.S.Mo. Insurance policies providing required coverages shall be with companies
licensed to do business in the State of Missouri and rated no less than AA by Best or
equivalent. All costs of obtaining and maintaining insurance coverages are included in
the Bid Amount and no additional payment will be made therefor by the City.
Comprehensive General Liability Insurance $500,000 per occurrence
(including coverage for Bodily Injury and $3,000,000 aggregate
Property Damage)
Comprehensive Automobile Liability $500,000 per occurrence
Insurance $3,000,000 aggregate
(including coverage for Bodily Injury and
Property Damage)
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 R.S.Mo., except for
those claims governed by the provisions of the Missouri Workmen's Compensation Law,
Chapter 287, RSMo. No policy will be accepted which excludes liability for damage to
underground structures or by reason of blasting, explosion or collapse.
(e) Before commencing any work, the Contractor shall provide to the City
certificates of insurance evidencing the issuance and maintenance in force of the
coverages required by this paragraph 4. Each such certificate shall show the City, and
such other governmental agencies as may be required by the City to be insured by
underlying grant or contract relating to the Project, as an additional insured, and shall
bear an endorsement precluding cancellation of or change in coverage without at least
thirty (30) days written notice to the City. The City may waive any insurance coverages
or amounts required by this paragraph 4 when the City deems such waiver to be in the
interest of the public health, safety, and general welfare.
(f) Subcontracts - In case any or all of this work is sublet, the Contractor shall
require the Subcontractor to procure and maintain all insurance required in
Subparagraphs (a), (b), and (c) hereof and in like amounts.
(g) Scope of Insurance and Special Hazard. The insurance required under
Sub -paragraphs (b) and (c) hereof shall provide adequate protection for the Contractor
and its subcontractors, respectively, against damage claims which may arise from
operations under this contract, whether such operations be by the insured or by anyone
directly or indirectly employed by it, and also against any special hazards which may be
encountered in the performance of this contract.
NOTE: Paragraph (f) is construed to require the procurement of Contractor's protective
insurance (or contingent public liability and contingent property damage policies) by a
general contractor whose subcontractor has employees working on the project, unless
the general public liability and property damage policy (or rider attached thereto) of the
general contractor provides adequate protection against claims arising from operations
by anyone directly or indirectly employed by the Contractor.
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 administrative costs of the City, the costs of which the Contractor and the
City are incapable of ascertaining at this time. Should the Contractor, or in the case of
Contractor's default, the surety, fail to complete the Work within the time stipulated in this
Agreement, or within such extension of time as may be allowed by the City in the manner
set forth in the Contract Documents, the Contractor (or surety, as applicable) shall pay to
the City as liquidated damages, and not as a penalty, the sum of One Thousand Dollars
($1,000.00) for each calendar day that the Work remains uncompleted after the time
allowed for the completion, including approved extensions. In the sole discretion of the
City, the amount of the liquidated damages may be deducted from any money due the
Contractor under this Agreement. Permitting the Contractor to finish the Work or any part
thereof after the expiration of the time for completion or any approved extension, shall in
no way operate as a waiver of the City of any of rights under this Contract.
8. 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.
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
provisions 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 defend, 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.
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 the payment of all materials and labor used in
the performance of this contract.
12. 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.
13. Performance and Materialman's Bonds Required.
Contractor shall provide a bond to the City before work is commenced, and no later than
ten (10) days after the execution of this contract, guaranteeing the Contractor's
performance of the work bid for, the payment of amounts due to all suppliers of labor and
materials, the payment of insurance premiums for workers compensation insurance and
all other insurance called for under this contract, and the payment of the prevailing wage
rate to all workmen as required by this contract, said bond to be in a form approved by
the City, and to be given by such company or companies as may be acceptable to the
City in its sole and absolute discretion. The amount of the bond shall be equal to the
Contractor's bid.
14. Knowledge of Local Conditions.
Contractor hereby warrants that it has examined the location of the proposed work and
the attached specifications and has fully considered such local conditions in making its
bid herein.
15. Severability.
If any section, subsection, sentence, or clause of this Contract shall be adjudged illegal,
invalid, or unenforceable, such illegality, invalidity, or unenforceability shall not affect the
legality, validity, or enforceability of the contract as a whole, or of any section, subsection,
sentence, clause, or attachment not so adjudged.
16. Governing Law.
The contract shall be governed by the laws of the State of Missouri. The courts of the
State of Missouri shall have jurisdiction over any dispute which arises under this contract,
and each of the parties shall submit and hereby consents to such courts exercise of
jurisdiction. In any successful action by the City to enforce this contract, the City shall be
entitled to recover its attorney's fees and expenses incurred in such action.
17. Contract Documents.
The contract documents shall consist of the following:
a. This Contract f. General Provisions
b. Addenda g. Special Provisions
c. Information for Bidders h. Technical Specifications
d. Notice to Bidders i. Drawing and/or Sketches
e. Signed Copy of Bid
This contract and the other documents enumerated in this paragraph, form the Contract
between the parties. These documents are as fully a part of the contract as if attached
hereto or repeated herein.
18. Complete Understanding, Merger.
Parties agree that this document including those documents described in the section
entitled "Contract Documents" represent the full and complete understanding of the
parties. This contact includes only those goods and services specifically set out. This
contract supersedes all prior contracts and understandings between the Contractor and
the City.
19. Authorship and Enforcement.
Parties agree that the production of this document was the joint effort of both parties and
that the contract should not be construed as having been drafted by either party.
20. Amendments.
This contract may not be modified, changed or altered by any oral promise or statement
by whomsoever made; nor shall any modification of it be binding upon the City until such
written modification shall have been approved in writing by an authorized officer of the
City. Contractor acknowledges that the City may not be responsible for paying for
changes or modifications that were not properly authorized.
21. Waiver of 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 ground
or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age,
or political opinion or affiliation, against any employee of Contractor or applicant for
employment and shall include a similar provision in all subcontracts let or awarded
hereunder.
24. Illegal Immigration.
Prior to commencement of the work:
A. Contractor shall, by sworn affidavit and provision of documentation, affirm its
enrollment and participation in a federal work authorization program with respect
to the employees working in connection with the contracted services.
B. Contractor shall sign an affidavit affirming that it does not knowingly employ any
person who is an unauthorized alien in connection with the contracted services
Contractor agrees in the performance.
C. If contractor is a sole proprietorship, partnership, or limited partnership, contractor
shall provide proof of citizenship or lawful presence of the owner prior to issuance
of the Notice to Proceed.
25. OSHA Training
Prior to commencement of the work:
A. Contractor shall provide a ten-hour Occupational Safety and Health Administration
(OSHA) construction safety program for their on-site employees which includes a
course in construction safety and health approved by OSHA or a similar program
approved by the department which is at least as stringent as an approved OSHA
program.
B. All employees subject to this provision are required to complete the program within
sixty days of beginning work on such construction project.
C. Any employee, agent or subcontractor of the Contractor subject to this provision
found on the worksite without documentation of the successful completion of the
course shall be afforded twenty days to produce such documentation after which
time they shall be removed from the project.
D. If Contractor fails the provisions of subsection A, B, or C, the Contractor shall forfeit
as a penalty two thousand five hundred dollars plus an additional one hundred
dollars for each employee employed by the contractor or subcontractor, for each
calendar day, or portion thereof, such employee is employed without the required
training. The penalty shall not begin to accrue until the time period in subsections
B or C, whichever is applicable, of this section have elapsed.
E. The City shall withhold and retain from any amount due under the contract, all
sums and amounts due and owing as a result of any violation of this section when
making payments to the contractor under the contract. The contractor may
withhold from any subcontractor, sufficient sums to cover any penalties the City
has withheld from the contractor resulting from the subcontractor's failure to
comply with the terms of this section.
26. Transient Employers.
Every transient employer, as defined in section 285.230, RSMo, enclosed in the laws
section, must post in a prominent and easily accessible place at the work site a clearly
legible copy of the following: (1) The notice of registration for employer withholding issued
to such transient employer by the director of revenue; (2) Proof of coverage for workers'
compensation insurance or self-insurance signed by the transient employer and verified
by the department of revenue through the records of the division of workers'
compensation; and (3) The notice of registration for unemployment insurance issued to
such transient employer by the division of employment security. Any transient employer
failing to comply with these requirements shall, under section 285.234, RSMo, enclosed
in the laws section, be liable for a penalty of $500 per day until the notices required by
this section are posted as required by that statue.
27. Notices.
All notices required to be in writing may be given by first class mail addressed to City of
Jefferson, Department of Public Works, 320 East McCarty, Jefferson City, Missouri,
65101, and Contractor at P.O. Box 31, Eolia MO 63344 . The date of delivery of any
notice shall be the second full day after the day of its mailing.
CITY OF JEFFERSON
Mayor: Carrie Tergin
Date:
ATTEST-
Maw
T T'E.ST-
APPROVED AS TO FORM:
City Co selor
CONTRACTOR
Title:M a g; �5 1%4`1n bre
Date: 3 G. ; 21
ATTEST:
Title:
DEPARTMENT OF PUBLIC WORKS
WASTEWATER DIVISION
320 EAST McCARTY STREET
JEFFERSON CITY, MISSOURI 65101
ACCOUNT NO. 64-990-579889
Change Order No. One (1) Project No. 31164 Ord. No. 16113 Date:
Job & Location: BINDER PUMP STATION UPGRADE
Contractor Martin General Contractors LLC
It is hereby mutually agreed that when this change order has been signed by the contracting parties, the following described changes
in the work required by the contract shall be executed by the contractor without changing the terms of the contract except as herein
stipulated and agreed.
DESCRIPTION OF CHANGES: All modifications to complete project.
Note Item numbers prefixed with "EW" (Extra Work) are new line items to the contract.
Quantity in Revised Amount of
Item Quantity in Change Contract Overrun or
No. Description Unit Contract Order Quantity Unit Price Underrun
CO -1 Business License LS 0 1 1 $60.00 $60.00
CO -2 Epoxy lining for DI Pipe LS 0 1 1 $9,215.35 $9,215.35
CO -3 Owner Requested control changes LS 0 1 1 $26,100.00 $26,100.00
2 Rock Excavation within the payline CY 50 -30 $200.00 ($6,000.00)
CO -4 Upgrade VFD LS 0 1 1 $13,436.00 $13,436.00
CO -5 Piping Bracket Modification LS 0 1 1 $6,500.00 $6,500.00
CO -6 Program Comm LS 0 1 1 $1,713.00 $1,713.00
CO -7 Driveway drain improvement LS 0 1 1 $3,000.00 $3,000.00
CO -8 Fence Improvement LS 0 1 1 $4,000.00 $4,000.00
CONTRACTORS PROPOSAL FOR THE ABOVE DESCRIBED CHANGES:
IfWe hereby agree to the modifications of the contract as described above and agree to furnish all materials and labor and perform
all work in connection therewith in accordance with the requirements for similar work in existing contract except as otherwise
stipulated herein, for the following considerations:
Contract Amount - Add $58,024.35 (Fifty Eight Thousand Twenty Four Dollars and Thirty Five Cents) to the Contract
Amount
Contract Time - Add 206 calendar days to the Contract
STATEMENT OF CONTRACT AMOUNT:
ORIGINAL CONTRACT
Amount % Change Time
$959,700.00 270
PREVIOUS APPROVED CHANGE ORDERS
TOTAL THIS CHANGE ORDER
-------------
TOTAL OF ALL CHANGE ORDERS
CONTRACT AMOUNT TO DATE
Martin General Contractors LLC
Recommended by
Verification of Encumbrance:
$0.00 0.0% 0
$58,024.35 6.0% 206
558,024.35 6.0% 206
$1,017,724.35 476
Date
Date
Finance Director Date
Accepted by:
Owner - City Administrator
Approved as to Form:
Office Use Only
Percentage
Change
based on Cumulative
Council Amount of
Approved Change Orders
Change Order Contract since last Council Governing Required Council Approved
Amount Amount Approval Criteria Approval Contract Amount
Change Order #1 $58,024.35 6.05% $58,024.35 < 10% Admin. $959,700.00
City C lor
7/f/ 23
Date
Date