City of farmington

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Title: CITY OF FARMINGTON
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  • CITY OF FARMINGTON, NEW MEXICO MEXICO ELECTRIC ...
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CITY OF FARMINGTON HILLS - Michigan Municipal League

CITY OF FARMINGTON
110 West Columbia
Farmington, Missouri 63640
573.756.1701
AGREEMENT BETWEEN CITY OF FARMINGTON AND CONTRACTOR FOR
PUBLIC WORKS PROJECT(S)
THIS AGREEMENT is made and entered into by and between the CITY OF
FARMINGTON, MISSOURI, a Third Class CITY, of the County of St. Francois, State
of Missouri, Mailing Address: 110 West Columbia, Farmington, Missouri 63640,
hereinafter referred to as the CITY, and __________________________________
,Mailing Address: ____________________________, hereinafter referred to as the
CONTRACTOR, based upon the bid for 2018 Coyote Street Drainage
Improvements submitted to the CITY on 10:00 A.M., local time, on Monday, August
6, 2018 and incorporated herein by reference.
1.00 DEFINITIONS
1.01 Project. The Project is defined as the work to be performed, including
but not limited to providing all materials, supplies, machinery, equipment,
tools, superintendence, labor, insurance, and other accessories and
services necessary to complete the Project in accordance with the
specifications below. The contract amount is
_____________________________ ($_______________).
1.02 Specifications. The Specifications followed in completion of the work
related to this contract shall be grinding the green waste at the
Farmington City Farm with a horizontal grinder (with 2" screen) and the
appropriate support equipment for grinder operations. The mulch
produce is to be left on the property.
1.03 Working Days. Working days shall be defined as weekdays, which are
not Federal Holidays.
2.00 GENERAL CONDITIONS. The CONTRACTOR agrees to provide all labor
and/or materials as set forth in the Specifications and to complete the Project
within the time specified in Section 4.00. That in consideration of the
CONTRACTOR's providing said labor and materials the CITY shall pay the
CONTRACTOR per unit, progress payments, or lump sum as defined in the
attached bid submittal. In the event there is a discrepancy between this
document and the bid submittal, this document shall govern. The
CONTRACTOR shall provide and pay for all materials, labor, tools, equipment,
water, light, power, transportation, management and supervision, temporary
construction of any nature, and all other services and facilities necessary to
execute and complete the Project. Materials and equipment shall be so stored
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as to insure the preservation of their quality and use. Stored materials and
equipment shall be located so as to facilitate prompt inspection. All materials
used in completion of the Project shall be installed pursuant to acceptable
industry standards, manufacturer's recommendations, and quality
workmanship. All materials and equipment used in the completion of the project
shall be subject to adequate inspection and testing in accordance with generally
accepted standards. The CITY shall be responsible for the cost of all material
testing required pursuant to this contract.
3.00 PROGRESS PAYMENTS. Payments shall be made as follows:
3.01 The CITY shall make progress payments on the 1st and 15th of each
month based on Applications for Payment made by the CONTRACTOR.
3.02 Each Application shall be based on a percentage of the work completed
or if the contract is for a unit price the number of units completed on the
date of the submittal.
3.03 The CITY shall pay the CONTRACTOR for the portion of the Project
substantially completed in any given pay period less five percent (5%)
retainage.
3.04 The portion of the Project substantially completed shall be determined in
the sole discretion of the CITY.
3.05 In the event the CONTRACTOR elects to submit a single request for
payment upon completion of the work, the CITY will pay the full contract
amount in a single lump sum payment within 20 (20) days.
4.00 COMMENCEMENT AND COMPLETION OF WORK. The CONTRACTOR shall
commence work within thirty (30) days after formal notice to proceed by the
CITY. All work shall be completed within ________________ calendar days, or
as extended by the CITY and shall be included as an addendum to this
agreement. If the CONTRACTOR is delayed at any time during the Project due
to adverse weather conditions not reasonably anticipated, unanticipated utilities,
hazardous materials, rock excavation, or other conditions, the contract term
may be extended as mutually agreed.
5.00 LIQUIDATED DAMAGES. Not Applicable.
6.00 LIABILITY INSURANCE. The CONTRACTOR shall be required to furnish
Public Liability and Property Damage Insurance with coverage to name and
protect the CITY and the CONTRACTOR from all claims for damages for
personal injury, including accidental death, as well as claims for property
damages, which may arise from work performed under this agreement, whether
such claim be a result of actions by the CONTRACTOR or any sub-contractor
performing work under this agreement. The insurance policy shall be not less
than $1,000,000 personal injury per occurrence and not less than $1,000,000
aggregate property damage. A certificate of insurance shall be submitted upon
execution of this agreement in the form provided by the insurance provider. In
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the event the insurance coverage required under this section is cancelled by the
CONTRACTOR during the performance of the work under this agreement, the
CITY may at its option employ another CONTRACTOR to complete the Project,
and the CONTRACTOR shall indemnify and hold the CITY harmless from any
and all damages it sustains as a result of the CONTRACTOR's failure to
maintain insurance coverage.
7.00 WORKER'S COMPENSATION INSURANCE. The CONTRACTOR shall be
required to provide proof of Worker's Compensation Insurance and maintain
said insurance during the performance of the work prescribed in this
agreement. The CONTRACTOR shall be further required to provide proof of
Worker's Compensation Insurance for all sub-contractors performing work
under this agreement. In the event the insurance coverage required under this
section is cancelled by the CONTRACTOR during the performance of the work
under this agreement, the CITY may at its option employ another
CONTRACTOR to complete the Project, and the CONTRACTOR shall
indemnify and hold the CITY harmless from any and all damages it sustains as
a result of the CONTRACTOR's failure to maintain Worker's Compensation
Insurance coverage.
8.00 COMPLIANCE WITH PREVAILING WAGE. Not Applicable.
9.00 PAYMENT AND PERFORMANCE BOND. The CONTRACTOR shall submit,
upon execution of this agreement, a surety bond, or bonds, as security for
faithful performance of the contract and for the payment of all firms or persons
performing labor or furnishing materials for the work performed under the
contract. The surety on such bond, or bonds, shall be a surety company
satisfactory to the CITY.
10.00 QUALITY OF WORK. In the event that the CITY determines that the
CONTRACTOR's work is not to Specifications, or the work cannot be
reasonably completed by the CONTRACTOR during the period specified,
the CITY may at its option provide the CONTRACTOR ten (10) days written
notice to remedy said default. In the event that the CONTRACTOR has not
rectified said default within said ten (10) days, the CITY may at its option
terminate this agreement. In the event of said termination, the CITY may at
its option employ another contractor to complete the Project, and the
CONTRACTOR shall indemnify and hold the CITY harmless from any and
all damages it sustains as a result of the CONTRACTOR's failure to
perform.
11.00 UNAUTHORIZED ALIEN AFFIDAVIT AND E-VERIFY. As a condition for the
award of any contract or grant in excess of five thousand dollars ($5,000.00) by
the state or by any political subdivision of the state to a business entity
(contractor), the business entity shall, by sworn affidavit and provision of
documentation, affirm its enrollment and participation in a federal work
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authorization program with respect to the employees working in connection with
the contracted services. Every such business entity shall sign an affidavit
affirming that it dies not knowingly employ any person who is an unauthorized
illegal alien in connection with the contracted services, per RSMO 285.530.
Any entity contracting with the state or any political subdivision of the state shall
only be required to provide the affidavits required to the state and any political
subdivision of the state with which it contracts, on an annual basis. Prior to the
award of the bid, the selected contractor must complete and have notarized the
attached "Affidavit of Work Authorization" and return it to the CITY.
12.00 HEALTH AND SAFETY OF EMPLOYEES. In accordance with RSMO 292.675
any contractor for any public body for purposes of construction of public works
and any subcontractor to such 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 of a similar program which is at least as stringent as an
approved OSHA program, unless such employees have previously completed
the required program. All employees who have not previously completed the
program are required to complete the program within sixty days of beginning
work on such construction Project. Any employee found on a work site subject
to this section without documentation of the successful completion of the course
required shall be afforded twenty days to produce such documentation before
being subject to removal from the Project. The CONTRACTOR will forfeit a
penalty to the CITY of $2,500 plus an additional $100 for each employee
employed by the contractor or subcontractor, or each calendar day, or portion
thereof, such employee is employed without the required training.
13.00 GUARANTEE. The CONTRACTOR hereby expressly guarantees the work
performed under this agreement as to workmanship and conformance to the
Specifications provided. Upon notification by the Owner, the CONTRACTOR
shall make any and all necessary replacements at his own expense to the
satisfaction of the CITY within ten (10) days, or within a time acceptable to the
CITY. If the CONTRACTOR fails to proceed with such corrective action as
specified by the CITY, the CITY may at its option employ another contractor to
take such corrective action, and to charge the cost thereof to the
CONTRACTOR.
14.00 HAZARDOUS MATERIALS. The CONTRACTOR hereby expressly
guarantees that no asbestos or lead paint containing materials will be used
in completion of this Project. The CONTRACTOR hereby expressly
guarantees that all demolition material and construction debris will be
disposed of in accordance with all Federal, State, or Local regulations.
15.00 ACCEPTANCE AND FINAL PAYMENT. When the work performed under
this agreement has been fully completed in accordance with the
Specifications provided a final inspection shall be made by the CITY and
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any defects arising out of said inspections shall be remedied by the
CONTRACTOR. Retainage shall be paid by the CITY upon submittal by
the CONTRACTOR of lien waivers, certified payrolls, and affidavit of
compliance with prevailing wage laws. Final payment and acceptance of
such payment by the CONTRACTOR shall release the CITY from all claims
of any liabilities of the CONTRACTOR under this agreement, except that the
CONTRACTOR shall not be released from liability for defects resulting from
unacceptable workmanship or failure to follow Specifications, where said
defects are not readily ascertainable by the CITY upon final inspection. The
CITY shall make final payment upon the CONTRACTOR's submittal of lien
waivers, certified payrolls, and affidavit of compliance with prevailing wage
laws.
16.00 RECOVERY OF DAMAGES. In the event the CITY is required to file suit for
damages as a result of breach of contract by the CONTRACTOR, then the
CITY shall be entitled to collect reasonable attorney fees, costs of litigation, and
Court costs from CONTRACTOR.
IN WITNESS WHEREOF WE HAVE SET OUR HANDS ON THIS THE
______________DAY OF _______________, 20___.
CITY OF FARMINGTON: CONTRACTOR:
(Name and Title) (Name and Title)
Date Date
ATTACHMENTS: 1. Bid Proposal
2. Payment and Performance Bond
3. Certificate of Worker's Compensation Insurance
4. Certificate of Liability and Property Damage Insurance
5. Affidavit of Compliance (RSMo Section 285.530.2)
6. Project Tax Exempt Certificate
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(ACKNOWLEDGEMENT FOR INDIVIDUAL)
STATE OF MISSOURI )
) SS.
COUNTY OF ST. FRANCOIS )
On this ________ day of ______________, _____, before me personally
appeared , __________________________, to me known to be the person(s)
described in and who executed the foregoing instrument, and acknowledged that they
executed the same as their free act and deed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my
official seal in the County and State aforesaid, the day and year first above written.
______________________________
Notary Public
My Commission Expires:
(ACKNOWLEDGEMENT FOR CORPORATION)
STATE OF MISSOURI )
) ss.
COUNTY OF ST. FRANCOIS )
On this ______ day of _________ , _____, before me appeared ________________,
to me personally known, who, being by me duly sworn did say that he/she is the
_________________ of ________________________, _______., a Corporation of the
State of Missouri, and that said instrument was signed in behalf of said Corporation
and acknowledged to me that he/she executed said instrument to be the free act and
deed of said Corporation for the purposes therein stated.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
in the county and state aforesaid, the day and year first above written.
_____________________________
Notary Public
My Commission Expires:
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