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Home My Public Portal AboutORD14845 SUBSTITUTE BILL NO. 2011-60 SPONSORED BY COUNCILMAN WEBER & POPE ORDINANCE NO. 14845 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH EXCELL E NERGY QR91 IF? VAN LOO ELECTRIC FOR THE ENERGY EFFICIENT LIGHTING UPGRADE PROJECT FOR CITY HALL, CENTRAL MAINTENANCE BUILDING, AND THE POLICE DEPARTMENT BUILDING. WHEREAS, EXGel Energy Group Van Loo Electric has become the apparent IA;Af a-n4 best bidder of the Energy Efficient Lighting Upgrade Project for City Hall, Central Maintenance, and Police Department Buildings. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The bid of $39,669.05 $47,823.22 is declared to be the ,oY est-a-R4 best bid and is hereby accepted. Section 2. The Mayor and City Clerk are hereby authorized to execute an agreement with €tee! Energy GFe p Van Loo Electric for the Energy Efficient Lighting Upgrade Project for City Hall, Central Maintenance, and Police Department Buildings. 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: September 19, 2011 Approved: Presiding dff cer Mayor ATT-E-ST: APPROVED AS TO FORM: All City Clerk" 7' Fnterim City Counselor * Mayor recuses himself FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid 2561 — Energy Efficient Lighting Upgrade Public Works Department, Opened August 2, 2011 BIDS RECEIVED: Excel Energy Group, Russellville, AR $ 39,669.05 Van Lao Electric, Jefferson City, MO $ 41,823.22 Stokes Electric, Jefferson City, MO $ 49,445.00 Schneider Electric Co., Jefferson City, MO $ 52,113.60 Meyer Electric, Jefferson City, MO $ 64,127.00 Rehagen Electric, Jefferson City, MO $ 73,796.00 WPCS, St. Louis, MO $ 87,377.00 FISCAL NOTE: 10-185-550070— Energy Grant Expenditures 2010-11 Budget $ 205,400.00 Expended 49,648.89 Encumbered 102,480.38 Bid 2561 39 669.05 Balance $ 13,601.68 PAST PERFORMANCE: Excell Energy Group has not been awarded projects in the past; however, staff believes they will complete the work as specified and bid. RECOMMENDATION: Staff recommends award of the bid to Excel] Energy Group, Russellville, Arkansas in the amount of$39,669.05. ATTACHMENTS - SUPPORTING DOCUMENTATION 1 Signature r_�VtY' 1 v'ah&w4n fI Purc, sirgAgent Interim Director, Public Works Department Memorandum 320 East McCarty Street e Jefferson City, Missouri 65101 • P: 573.634.6410 R 573.634.6562 . www.jeffci€ymo.org/cd Date: August 9, 2011 To: Terry Stephenson, Purchasing Agent r Through: Matt Morasch, PE, Interim Director of Public Works From: Louis Alber, Street Superintendent Britt Smith, PE, Operations Director Subject: Bid 2561 — Energy Efficient Lighting Upgrade After reviewing the bids for the energy efficient fighting, it is recommended the bid be awarded to Excels Energy Group, Russellville, AR as the lowest and best bidder. bw U:l Administrationlldappen\WORDIFinance120171energy efficient lighting.rec.doc City of Jefferson, Missouri Tabulation of Bids Bid Number 2561 Subject- Energy Efficient Lighting Upgrade Date-August 2, 2011 Excel Energy Group Van Loo Electric Stoles Electric Dept-City Hall, CM and Police Russellville AR Jefferson City MO Jefferson City MO PAGE 1 ITEM EsI Qty. Unit Price Total Price Unit Price Total Price City Hall(interior) First floor offices, restrooms, break room & storage 2' 2F17T8 Lamp & Ballast Retrofit 51 $33.28 $1,697.28 $52.07 $2,655.57 $56.00 $2,856.00 First floor conference room 4' 3F32T8 Lamp & ballast retrofit 16 $41.21 $659.36 $45.87 $733.92 $61.00 $9767 First Floor Cfty Administrator Office dimr switch $23:.00 4' 3F32T8 Lamp & ballast retrofit 6 $41,21 .x247.26 $45.87 $275.22 $53.00 $318.00 First Floor Tall Lobby 30w S ring Lamp ballast bypass (high) 22 $42.01 $924.22 $23.83 $524.26 $36.00 $792.00 First Floor Exit Lights New LED Exit 3 $39.57 $118.71 $62,06 $186.18 $64.00 $192.00 First and second floor restrooms OSSMT Sensor 4 $101.20 $404.80 $71.70 $286.80 $110.00 $440.00 City Hall (exterior) Lighting around Periphery of Building 39 $42.01 $1,638.39 $22.99 $896.61 $41.00 $1,599.00 City Hall Total $5,690.02 $5,558.56 $7,490.00 City of Jefferson, Missouri Tabulation of Bids Bid Number 2561 Subject- Energy Efficient Lighting Upgrade Date-August 2, 2011 Excel Energy Group Van Loo Electric Stokes Electric Dept- City Hall, CM and Police Russellville AR Jefferson City MO Jefferson City MO PAGE 2 ITEM Es Qty. Unit Price Total Price I Unit Price Total Price Central Maintenance Building Lunch Room/Maintenance Shop 6T5 Fluorescent Highbay 34 $289.89 $9,856.26 $245.00 $8,330.00 OSSMT Sensor 1 $101.20 $101.20 relocate sw. $160.00 Parts/Office/Extra Rooms 4' 2F32T8 Lamp & ballast retrofit 42 $33.24 $1,396.08 No worksheet submitted $45.00 $1,890.00 -,4' 4F32T8 Lamp & ballast retrofit 4 $46.49 $185,95 per addendum One. $51.00 $228.00 New 8' 2T8 Strip 1 $128,85 $128.85 $114.00 $114.00 Main Shop Central Maintenance Total $11,668.35 $8,488.88 $10,722.00 Police Department interior Entire Building 4'2F32T8 Lamp& ballast retrofit 72 $33.24 $2,393.28 $46.80 $26,488.80 $52.00 $3,744.00 4' 2F32T8 Lamp & ballast retrofit wlsockets 1401 36.72 $5,140.80 $9,140.00 4'4F32T8 Lamp & ballast retrofit wlsockets 183 $53,46 $9,783.18 $61.00 $11,163.00 2' 2T8 U Lamp & Ballast Retrofit 73 $50.34 $3,674.82 $67.00 $4,891.00 (totals 468 qu antity) Police Department(exterior) Lighting around periphery of building 8'2F96T8 HO Lamp & ballast& retrofit wl sockets 19 $69.40 $1,318.60 $1,287.62 $125.00 $2,375,00 Total for Police Department $22,310.68 $27,776.42 $31,313.00 Total Project(all departments) $39,669.051 $41,823.221 $49,445.00 City of Jefferson, Missouri Tabulation of Bids Bid Number 2561 Subject- Energy Efficient Lighting Upgrade Date-August 2, 2011 Excel Energy Group Van Loo Electric Stokes Electric Dept- City Hall, CM and Police Russellville AR Jefferson City MO Jefferson City MO PAGE 3 ITEM 1=s Qty. Unit Price ITotal Price Unit Price Total Price Unit Price ITotal Price Working days required to complete project approximately 10-20 days 30-60 days 60 workiing days Earliest start date August 29, 2011 10 days ARO 22-Aug-1'1 Discount for prompt payment na blank blank Bid is firm for 90 days 60 days 30 days Represent a disadvantaged business no no no Products manufactured in United States yes yes blank Fax bid tabulation to 877-320-4399 573-239-9464 573-635-5549 Everify information included yes no yes City of Jefferson, Missouri Tabulation of Bids Bid Number 2561 Subject- Energy Efficient Lighting Upgrade Date -August 2, 2011 Schneider Electric Co. Meyer Electric Rehagen Electric Dept-City Hall, CM and Police Jefferson City MO Jefferson City MO Jefferson City MO PACE 4 ITEM Es Qty. Unit Price-7,Total Price Unit Price Total Price Unit Price Total Price City Hall(interior) First floor offices, restrooms, break room & storage 2' 2F17T8 Lamp & Ballast Retrofit 51 $49.25 $2,511.75 $57.00 $2,907,00 $3,244.00 First floor conference room 4' 3F32T8 Lamp & ballast retrofit 16 $45.50 $728.00 $54.00 $864.00 $1,464.00 First Floor City Administrator Office 4' 3F32T8 Lamp & ballast retrofit 6 $44.65 $267.90 $54.00 $324.00 $51.00 $306.00 First Floor Tall Lobby 30w Spring Lamp ballast bypass (high) 22 $45,60 $1,003.20 $68.00 $1,496.00 $1,081.00 First Floor Exit Lights New LED Exit 3 $111.00 $333.00 $110.00 $330.00 $402.0 First and second floor restrooms OSSMT Sensor 4 $90.00 $360.00 $126.00 $504.00 $436.0 City Hall (exterior) Lighting around Periphe of Building 39 $62.80 $2,449.20 $69.00 $2,691.00 $2,083.00 City Hall Total $7,653.05 $9,116.00 $9,016.00 City of Jefferson, Missouri Tabulation of Bids Bid Number 2561 Subject- Energy Efficient Lighting Upgrade Date-August 2, 2011 Schneider Electric Co. Meyer Electric Rehagen Electric Dept-City Hall, CM and Police Jefferson City MO Jefferson City MO Jefferson City MO PAGE 5 ITEM LsI Qty. Unit Price Total Price Unit Price Total Price Unit Price Total Price Central Maintenance Buildin Lunch Room/Maintenance Shop Worksheet per Addendum 6T5 Fluorescent Highbay 34 $236.30 $8,263.00 One not submitted $9,141.00 OSSMT Sensor 1 (Bid 35 fixtures &sensors) Parts/Office/Extra Rooms 4'2F32T8 Lamp & ballast retrofit 42 $2,228.00 $2,387.00 4' 4F32T8 Lamp & balkist retrofit 4 see bid document New 8'2T8 Strip 1 Main Shop Central Maintenance Total $10,491.00 $18,599.00 $11,528.00 Police Department (interior) Entire Building 4' 2F32T8 Lamp & ballast retrofit 72 $38.40 $2,764.80 $34,398.00 $50,862.00 4' 2F32T8 Lamp & ballast retrofit wlsockets 140 1 $8,770.00 worksheet per addendum 4'4F32T8 Lamp& ballast retrofit wlsockets 1 183 $85,00 $15,555.00 one not submitted 2' 2T8 U Lamp & Ballast Retrofit 73 $64.61 $4,719.45 (totals 468 qty Police Department(exterior) Lighting around periphetyof buildin 8'2F96T8 HO Lamp & ballast& retrofit wl sockets 19 $113.701 $2,160.30 $106.00 $2,014.00 $2,390.00 Total for Police Department $33,969.55 $36,412.00 $53,252.00 Total Project(all departments) $52,113.60 $64,127A0 $73,796.00 City of Jefferson, Missouri Tabulation of Bids Bid Number 2561 Subject-Energy Efficient Lighting Upgrade Date -August 2, 2011 Schneider Electric Co. Meyer Electric Rehagen Electric Dept-City Hall, CM and Police Jefferson City MO Jefferson City MO Jefferson City MO PAGE 6 ITEM Esl Qty. Unit Price Total Price Unit Price Total Price Unit Price Total Price Working days required to complete project 8 weeks 60 working days 45 working days Earliest start date August 22, 2011 within 5 working days ARO August 22, 2011 Discount for prompt payment none none none Bid is firm for 30 days 30 days 60 days Represent a disadvantaged business none none none Products manufactured in United States some but not all yes some Fax bird tabulation to 573-636-44. 4 573-893-3686 634-8217 Everify information included yes yes yes City of Jefferson, Missouri Tabulation of Bids Bid Number 2561 Subject- Energy Efficient Lighting Upgrade Date -August 2, 2011 WPCS Dept-City Hall, CM and Police St. Louis MO PAGE 7 ITEM Es Qty. Unit Price Total Price Unit Price Total Price Unit Price Total Price City Hall(interior) First floor offices, restrooms, break room & storage 2' 2F17T8 Lamp & Ballast Retrofit 51 $7100 $3,723.00 First floor conference room 4' 3F32T8 Lamp & ballast retrofit 16 $75.00 $1,200.00 First Floor City Administrator Office 2 sv!itches $894.00 4' 3F32T8 Lamp & ballast retrofit 6 $174.00 $1,044.00 First Floor Tall Lobby 30w Spring Lamp ballast bypass (high) 22 $75.00 $1,650.00 First Floor Exit Lights New LED Exit 3 $149.00 $447.00 First and second floor restrooms OSSMT Sensor 4 $447.00 $1,788.00 City Hall (exterior) Lightin around Periphery of Building 39 $149.00 $5,811.00 City Hall Total $16,557.00 City of Jefferson, Missouri Tabulation of Bids Bid Number 2561 Subject- Energy Efficient Lighting Upgrade Date-August 2, 2011 WPCS Dept- City Hall, CM and Police St, Louis MO PAGE g. ITEM Esl Qty. Unit Price Total Price Unit Price Total Price Unit Price Total Price Central Maintenance Building Lunch Room/Maintenance Shop 6T5 Fluorescent Hi hbay 34 $517.00 $17,578.00 OSSMT Sensor 1 $595.00 $595.00 Parts/Office/Extra Rooms 4' 2F32T8 Lamp & ballast retrofit 42 $80.00 $3,360.00 4'4F32T8 Lamp & ballast retrofit 4 $73.00 $292.00 New 8' 2T8 Strip 1 $149.00 $149.00 Lamps 102 $80.00 $8,160.00 Central Maintenance Total $30,134.00 Police Department(interior) Entire Building 4'2F32T8 Lamp & ballast retrofit 72 $75.00 $5,4007 4'2F32T8 Lamp & ballast retrofit wlsockets 1 140 $11,080.00 4'4 F32T8 Lamp& ballast retrofit wlsockets 1 183 $80.00 $14,640.00 2' 2T8 U Lamp & Ballast Retrofit 1 73 $73.00 $5,329.00 (totals 468 qty) Police Department(exterior) Lighting around periphery of building 8' 2F96T8 HO Lamp & ballast& retrofit wl sockets 19 $223.00 $4,237.00 Total for Police Department $40,686.00 Total Project(all departments) $87,377.00 City of Jefferson, Missouri Tabulation of Bids Bid Number 2561 Subject- Energy Efficient Lighting Upgrade Date -August 2, 2011 WPCS Dept-City Hall, CM and Police St. Louis MO PAGE 9 ITEM Es Qty. Unit Price Total Price Unit Price Total Price Unit Price Total Price Working days required to complete project 15-20 days Earliest start date within 30 days of award Discount for prompt payment NIA Bid is firm for 90 days Represent a disadvantaged business no Pr^ducts manufactured in United States yes Fax bid tabulation to 314-336-3363 Everify information included yes CITY OF JEFFERSON CONSTRUCTION CONTRACT THIS CONTRACT,made and entered into this 9-1 day of November, 2011,by and between Van Loa Electric, 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: replacement of aged and obsolete light fixtures,ballast, and bulbs with energy efficient lighting in City Hall,320 East McCarty Street, Central Maintenance,820 East Miller Street,and Police Department at 401 Monroe Street,Jefferson City, Missouri including the disposal of existing fixtures, ballasts, and lights. 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 replace aged and obsolete light fixtures, ballast, and bulbs with energy efficient lighting in City Hall, 320 East McCarty Street, Central Maintenance,820 East Miller Street,and Police Department at 401 Monroe Street,Jefferson City, Missouri including the disposal of existing fixtures,ballasts, and lights. 2. Manner and Time for Completion. Contractor agrees with the City to furnish all supervision,labor,tools,equipment,materials and supplies necessary to perform, and 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 thirty (30) working days from the date Contractor is ordered to proceed, which order shall be issued by the Purchasing Agent of the City of Jefferson 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 Annual Wage Order No.18, Section 028, 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 Ten Dollars ($10.00)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 11:\Cantrncl Riles\cnnstxuclion\VnnLnn\LigLling Upgnde 11-14-11.wpd 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. 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. 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$300,000 for any one person in a single accident or occurrence,except far 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. 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. Sjcope o£Insurance and Special Hazard. The insurance required under Sub-paragraphs (B)and(C)hereof shall provide adequate protection for 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 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. G. Liquidated Damayes. The City may deduct Two Hundred Fifty Dollars ($250.00) from any amount otherwise due under this contract far every day Contractor fails or refuses to prosecute the work,or any separable part thereof,with such diligence as will ensure 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 l7:\Cantract Pilrx\ennkMetinn\VanImn\Lighting Upgrade 11,14•11.wpd - 2 -- should refuse or fail to make prompt payment to any person supplying labor or materials for the work under the contract, or persistently disregard instructions of the City or fail to observe or perform any provisions of the contract. 8. City's Right to Proceed. In the event this contract is terminated pursuant to Paragraph 7, then the City may take over the work and prosecute the same to completion, by contract or otherwise, and Contractor and its sureties shall be liable to the City for any costs over the amount of tbis 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 anyparty or person described in this Paragraph. 10. Payment for Labor and Materials. Contractor agrees and binds itself to pay for all labor done, and for all the materials used in the construction of the work to be completed pursuant to this contract. Contractor shall furnish to the City a bond to ensure the payment of all materials and labor used in the performance of this contract. 11. Supplies. The Contractor is hereby authorized and directed to utilize the City's sales tax exemption in the purchase of goods and materials for the project as set out in 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 Contractor 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 Purchasing Agent, and in accordance with the rates and/or amounts stated in the bid of Contractor dated August 1, 2011, which are by reference made a part hereof. No partial payment to Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. The total amount of this contract shall not exceed Forty-One Thousand Eight Hundred Twenty-Three Dollars and Twenty-Two Cents ($41,823.22). 13. Performance and Materialnian'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. U Wantrad Filex\ennstmctinn\Vanlm\Lighting Upgmda 11-14-11.wpd - 3 - 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 Lave. 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. is. Complete Understanding,Merl. 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.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 attorneys 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 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, U:\Conlrnct rilcn\construction\VmLoo\Lighting Upgmde 11.14.11.apd - 4" 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. 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. Notices. All notices required to be in writing may be given by first class mail addressed to City of Jefferson, 320 East McCarty, Jefferson City, Missouri, 65101, and Contractor at Van Loo Electric, 6003 Roling Road, Jefferson City, Missouri, 65101. The date of delivery of any notice shall be the second full day after the day of its mailing. l IN WITNESS WHEREOF,the parties hereto have set their hands and seals this i day of November, 2011. CITY OF JEFFERSON VAN LOO ELECTRIC ayut Title: AT Sfi: ATTEST: City Clerk Title: APPROVED AS TO FORM: Interim City Counselor U:\ContractFilca\rnnetructian\VmLouV,i�IstingUp�radnl7•l4•Il.npd - 5 -