RFP Cassville Water Tower Inspections

REQUEST FOR PROPOSALS – WATER TOWER INSPECTIONS PUBLIC NOTICE. Sealed proposals will be received by the Public Works Director of the City of Cassville, Missouri, at City Hall, 300 Main Street, Cassville, Missouri, 65625, until 3:15 p.m., local time, on December 14, 2023, for scheduled/routine inspections of the City’s elevated water storage structures. For any award valued over $75,000 resulting from this solicitation, not less than the prevailing hourly rate of wages, as found by the Department of Labor and Industrial Relations of Missouri, shall be paid to all workers performing work under this solicitation and award/contract. No proposal may be withdrawn within a period of 30 days after the date fixed for opening. The City reserves the right to reject any and all proposals, to waive informalities, and to reject nonconforming, non-responsive or conditional proposals. Specifications may be obtained from the Public Works Director at (417) 847-4441. Executive summary The City of

Cassville desires to contract with a reputable and experienced firm for visual inspections of its inventory of water storage towers. Each tower needs a comprehenhive visual inspection each year and during the three-year term each tower must receive a washout inspection. To promote stability and consistency the proposed contract term will be for three years with options to renew for two additional three-year terms. Instructions to Contractors Proposals differ from sealed bids in that the City may contact contractors after the proposals are received to clarify or question details in any submittal. Proposals are used in lieu of bids when detailed bid specifications are not available and the commodity, service, construction methods or materials may vary between vendors or when proprietary rights are involved. This approach is useful when the City must judge the thoroughness/completeness of each proposal, the time frame under which the proposer will provide the service, warranties, warranty service stations and or other factors. Lowest price may not be the determining factor for the award. For proper consideration proposals must be submitted in a sealed container, mailed or hand delivered to the address stated above, prior to the published due date and time. The exterior of the container should reference the specific bid (i.e. Water Tower Inspections). A site inspection is highly recommended and can include time for discussions with maintenance and supervisory staff. Contact David Brock at 417-847-4441 or dbrock@cityofcassvill.com to coordinate a site inspection. A bid bond is not required. Performance and Payment Bonds are not required. A sample contract is included within this RFP; Contractors are directed to closely review all terms and conditions contained therein. Contractors must acknowledge and accept of such contractual terms within the body of the proposal. For all awards or estimated contract values exceeding $75,000, the Contract shall be based upon payment by the Contractor of wage rates not less than the prevailing hourly wage rate for each craft or classification of workers engaged on the work as determined by the Industrial Commission of Missouri on behalf of the Department of Labor and Industrial Relations as published in AWO 30 for Barry County, Missouri. The contractor shall comply with all requirements of the prevailing wage law of Missouri, Revised Statutes of Missouri, Sections 290.210 to 290.340, including the latest amendments thereto. After completion of the work and before final payment can be made under this Contract, the Contractor must file with the City an affidavit stating that they have fully complied with the provisions and requirements of the prevailing wage law of Missouri, Sections 290.210 to 290.340 RSMo. The current wage order can be reviewed on line at: 30_WO005.pdf (mo.gov) The City will provide the contractor, when requested to do so, with a completed Missouri Project Exemption Certificate and Missouri Tax Exemption letter for Cassville, Missouri. The contractor shall be responsible for furnishing the exemption certificate and tax exemption letter to all authorized sub-contractors and suppliers providing materials incorporated in the work. Project Schedule The following milestones are subject to change at the City’s discretion. Proposal due date 3:15 p.m., December 14, 2023 Award by Board of Aldermen January 9, 2024 Contract Execution February 1, 2024 Period of Performance February, 2024 to February 2027 Proposal Content Contractors should include the components listed below in their proposal. A premium will be placed on responses that incorporate brevity and clarity. 1. A cover or introductory letter that includes a statement of understanding of the project or services required and an acknowledgement of the contractual terms that will govern the work. 2. A brief history/summary of the company. 3. Introduction and background data on the individuals that will interface with City field and office staff. 4. A detailed description of the scope of work to be provided to include methodology, health, sanitation, safety protocols, etc. 5. A cost proposal for the initial three-year term. It is preferred that the cost proposal be a not to exceed annual lump sum fee. 6. A project schedule with milestone events and/or deadlines that will ensure the timely completion of the project. 7. A sample/example of the reporting deliverable described in the following section. 8. References from recent similar projects that includes specific contact information for the project owner. 9. An executed E-verify Affidavit, copy enclosed. Desired Services For each of the City’s five storage structures the City desires to have: 1. Comprehensive annual visual inspections that assesses and documents the facility in these areas of concern: a. Coating type and condition b. Safety devices and features c. Sanitary conditions d. Structure and site security https://laborwebapps.mo.gov/DLS/PrevailingWage/AWO/AWO30/30_WO005.pdf e. Structural condition 2. Once every three years each of the five tanks shall receive a washout inspection. The washout inspection shall include draining the tank and cleaning the storage area to remove all mud, silt and other accumulations. The condition of the wet tank coating and submerged structure shall be summarized and documented. a. The City shall drain the tank, refill and perform any needed testing. b. After inspection and prior to filling, the contractor shall disinfect the tank using AWWA standards. For each inspection the finding/results of the inspections will be incorporated into a formal report that includes photographic evidence to support the findings or any discovered deficiencies. The report may be delivered electronically. Any repairs or modifications to the water towers will be procured under a separate acquisition process that satisfies the City’s purchasing policies and procedures. Selection and Contract Negotiations City staff will select a contractor based on the content and clarity of the proposals and any subsequent interviews that may occur. The City may elect to ask follow up questions or for clarification from any or all proposers. Contractors should expect reference checks will be made by any reasonable methods. Should negotiations for a final scope of work, associated compensation and contract terms with the most desired proposal fail, the City will open negotiations with the next highest rated contractor. The City reserves the right to negotiate with any proposer, to waive informalities and minor irregularities in any proposal or to make no award related to this solicitation. Storage Tank Data Name Tower 1a Tower 1b Tower 2 Tower 3 Tower 4 Location 600 Sky Street 600 Sky Street 17449 Tower Dr 15965 Farm Road 1107 1405 Old Exeter Rd Location Pin Tower 1a Tower 1b Tower 2 Tower 3 Tower 4 Capacity, Style 150,000 Gallon 6 Leg 150,000 Gallon 4 Leg 150,000 Gallon Pedisphere 150,000 Gallon Pedisphere 750,000 Gallon Composite Construction Type Riveted Steel Welded Steel Welded Steel Welded Steel Hydropiller Height 80’ LWL 81 LWL 97’ 9” LWL 97’ 9” LWL 154’6” LWL Construction Date 1954 Circa 1975 1992 1992 2005 https://maps.app.goo.gl/3trYCVc9aWsS8vLD8 https://maps.app.goo.gl/svnfP3CrEZSxGogT6 https://maps.app.goo.gl/CKgzhHcwvRhJ1eRt9 https://maps.app.goo.gl/sf2bK9ckd5zX8xLF9 https://maps.app.goo.gl/NNY93wey3sFxJd9b9 Created on 11/13/2023 12:53 PM Page 1 of 3 NOTICE AND INSTRUCTIONS TO BIDDERS/VENDORS REGARDING SECTIONS 285.525 THROUGH 285.550 RSMO, EFFECTIVE JANUARY 1, 2009 Effective January 1, 2009, and pursuant to the State of Missouri’s RSMO 285.530(1), No business entity or employer shall knowingly employ, hire for employment, or continue to employ an unauthorized alien to perform work within the State of Missouri. As a condition for the award of any contract or grant in excess of five thousand dollars by the state or by any political subdivision of the state (e.g., City of Cassville, MO) to a business entity, the business entity (Company) 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. Every such business entity shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. [RSMO 285-530(2)] The City of Cassville, Missouri, in order to comply with sections 285.525 through 285.550 RSMO, requires the following bid and contract documents: The City of Cassville encourages companies that are not enrolled and participating in a federal work authorization program to do so. E-Verify is an example of this type of program. Information regarding E-Verify is available at http://www.dhs.gov/xprevprot/programs/gc 1185221678150.shtm or by calling 888-464-4218. Required Affidavit for Contracts Over $5,000.00 (US) – Effective 1-1-2009, Company shall comply with the provisions of Section 285.525 through 285.550 R.S.Mo. Contract award is contingent on Company providing an acceptable notarized affidavit stating: 1. that Company is enrolled in and participates in a federal work authorization program with respect to the employees working in connection with the contracted services; and 2. that Company does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. Copies of affidavit can be found and downloaded on the City of Cassville Missouri Public Works website; http://www.Cassvillemo.com/images/stories/departments/public_works/affidavit-for-contracts-employment-legality.pdf See attached sample Additionally, Company must provide documentation evidencing current enrollment in a federal work authorization program (e.g., electronic signature page from E-Verify program’s Memo of Understanding (MOU). See attached sample https://www.e-verify.gov/ https://cms7files.revize.com/cassvillemo/Downloadable%20Docs/E-verify%20Cert.pdf Created on 11/13/2023 12:53 PM Page 2 of 3 CITY OF CASSVILLE, MISSOURI AFFIDAVIT OF COMPLIANCE WITH SECTION 285.500 R.S.MO., ET SEQ. FOR ALL AGREEMENTS IN EXCESS OF $5,000.00 EFFECTIVE 1/1/2009 STATE OF ) ) ss. COUNTY OF ) Before me, the undersigned Notary Public, in and for the County of , State of , personally appeared (Name) who is (Title) of (Name of company), (corporation), (partnership), (sole proprietorship), (limited liability company), and after being duly sworn did depose and say: (1) that said company is enrolled in and participates in a federal work authorization program with respect to the employees working in connection with the contracted services; and (2) that said company does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. The terms used in this affidavit shall have the meaning set forth in Section 285.500 R.S. Mo., et seq. Documentation of participation in a federal work authorization program is attached to this affidavit. Signature Printed Name Subscribed and sworn to before me this day of , . Notary Public My commission expires: Created on 11/13/2023 12:53 PM Page 3 of 3 Company ID Number: XXXXXX The foregoing constitutes the full agreement on this subject between the SSA, DHS (Department of Homeland Security), and the Employer. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. To be accepted as a participant in E-Verify, you should only sign the Employer’s Section of the signature page. If you have any questions, contact E-Verify Operations at 888-464-4218. Employer, Your Company Name John Doe Name (Please type or print) Title Electronically Signed Signature Date Verification Department of Homeland Security Division USCIS Verification Division Name (Please type or print) Title Electronically Signed Signature Date CONTRACTOR AGREEMENT THIS AGREEMENT, made and entered into this ____ day of ____________, 20_, by and between ____________________________, hereinafter called “Contractor,” and the City of Cassville, Missouri, a municipal corporation, hereinafter called “City.” WHEREAS, the City of Cassville desires to engage Contractor for Water Tower Inspections, hereinafter described on Exhibit A- Description of Work and Notice of Award which is attached hereto and incorporated herein; and WHEREAS, the Contractor submitted a proposal received by the City on __________________, 20__, which bid is attached hereto and incorporated herein on Exhibit B Bid Submittal; and WHEREAS, the Contractor has become the lowest responsible bidder for furnishing the supervision, labor, tools, equipment, materials and supplies and for the services described in Exhibit A for the City which is attached hereto and incorporated herein; The City and Contractor agree to the following: 1. Manner and Time for Completion. The Contractor will 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 the time specified in the contract documents. 2. Term. The term of this agreement shall be three (3) years unless it is terminated sooner pursuant to the provisions herein. The agreement may by renewed by formal addendum for two (2) additional three (3) year terms. 3. Sales Tax Exemption. The contract price does not include and the City shall not pay any sales or use taxes on the materials used in the project. Pursuant to the provisions of RSMo. Section 144.062, the City will provide the Contractor with a Project Exemption Certificate and a Missouri Tax Exemption letter from the City of Cassville to use in purchasing materials on a tax-free basis. It will be the Contractor’s responsibility to provide the documentation to any subcontractor. These documents will be used solely for purchase of materials being directly incorporated into or consumed in the construction of the work under this contract. 4. Payment Shall Not Exceed. 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 the work by the City and in accordance with the rates and/or amounts stated in the submittal from the Contractor received by the City on , 20 , which by reference is made a part hereof as Exhibit B. 5. Contingency Set Aside. The contract amount set forth in paragraph 4 above may include an amount specified in the Notice of Award which shall be set aside as a contingency allowance. Although the contingency allowance may be included in the total amount of the contract, the Contractor shall not be entitled to be paid any portion of the contingency allowance unless and until specifically authorized by written change order to the City’s initial Notice to Proceed. The contingency allowance shall be authorized solely in the event additional work not included or specified in the base bid is required. 6. Performance Bond and Labor & Materials Payment Bond. The Contractor shall execute a Performance Bond and a Labor and Materials Payment Bond with surety approved by the City and on the forms approved by the City, each bond shall be in the amount of One Hundred Percent (100%) of the contract amount conditioned upon the full and faithful performance of all major terms and conditions of this contract and payment of all labor and material supplies. It is further mutually agreed between the parties hereto that if at any time after the execution of this agreement and the surety bond(s) hereto attached for its faithful performance and payment of labor and material suppliers, the City shall deem the surety or sureties upon such bond(s) to be unsatisfactory, or if, for any reason, such bond(s) ceases to be adequate to cover the performance of the work, the Contractor shall, at its expense, within five (5) days after the receipt of notice from the City to do so, furnish an additional bond or bonds, in such form and amount, and with such surety or sureties as shall be satisfactory to the City. In such event no further payment to the Contractor shall be deemed to be due under this contract until such new or additional security for the faithful performance of the work and the payment of labor and material suppliers shall be furnished in a manner and form satisfactory to the City. The corporate surety on any performance or payment bond must be licensed by the State of Missouri and if the required bond exceeds $25,000 must be listed in the United States Treasury Circular 570. 7. Insurance Requirements. Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall secure and maintain at its own cost and expense, throughout the duration of this Contract and until the work is completed and accepted by the City, insurance of such types and in such amounts as may be necessary to protect it and the interests of the City against all hazards or risks of loss as hereunder specified or which may arise out of the performance of the Contract Documents. The form and limits of such insurance, together with the underwriter thereof in each case, are subject to approval by the City. Regardless of such approval, it shall be the responsibility of the contractor to maintain adequate insurance coverage at all times during the term of the Contract. Failure of the Contractor to maintain coverage shall not relieve it of any contractual responsibility or obligation or liability under the Contract Documents. The certificates of insurance, including evidence of the required endorsements hereunder or the policies, shall be filed with the City within ten (10) days after the date of the receipt of Notice of Award of the Contract to the Contractor and prior to the start of work. All insurance policies shall provide thirty (30) days written notice to be given by the insurance company in question prior to modification or cancellation of such insurance. Such notices shall be mailed, certified mail, return receipt requested, to: City of Cassville, Public Works, 221 North Main, Cassville, MO 65738 The minimum coverage for the insurance referred to herein shall be in accordance with the requirements established below: a. Workers’ Compensation Statutory coverage per RSMo. 287.010 et seq b. Employer’s Liability $1,000,000.00 c. Commercial General Liability Insurance, including coverage for Premises, Operations, Products and Completed Operations, Contractual Liability, Broad Form Property Damage, Independent Contractors, Explosion, Collapse, and Underground Property Damage and endorsed for blasting if blasting required. Such coverage shall apply to bodily injury and property damage on an “Occurrence Form Basis” with limits of Three Million Three Hundred Thousand Dollars ($3,300,000) for all claims arising out of a single accident or occurrence and Five Hundred Thousand Dollars ($500,000) for any one person in a single accident or occurrence. d. Automobile Liability Insurance covering bodily injury and property damage for owned, non- owned and hired vehicles, with limits of Two Million Dollars ($2,000,000) for all claims arising out of a single accident or occurrence and Five Hundred Thousand Dollars ($500,000) for any one person in a single accident or occurrence. 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. Contractor shall require any and all subcontractors with whom it enters into a contract to perform work on this project to protect the City through insurance against applicable hazards or risks and shall, upon request of the City, provide evidence of such insurance. f. Notice. The Contractor and/or subcontractor shall furnish the City prior to beginning the work, the policy as specified in subparagraph (d), and satisfactory proof of carriage of all the insurance required by this contract, with the provision that policies shall not be canceled, modified or non-renewed without thirty (30) days written notice to the City of Cassville. 8. Contractor's responsibility for subcontractors. The 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, and 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 relation between the subcontractor and the City or between any subcontractors. 9. Liquidated Damages. Time of completion of work by the Contractor is of the essence. Should Contractor, or in the case of default, the surety, fail to complete the work within the time specified in the contract, or within such extra time as may be allowed in accordance with the terms of this contract, Contractor (or surety) shall be liable to the City in the amount of $200.00 per day for each and every calendar day that the contract remains uncompleted after the time allowed for completion, as liquidated damages, and not as a penalty, it being stipulated that actual damages to the City and the public arising from Contractor’s failure to timely complete the work would be difficult, if not impossible, to ascertain. The amount assessed as liquidated damages may be withheld from any moneys otherwise due to Contractor from the City. 10. Termination. The City may cancel the contract at any time upon thirty (30) days advance written notice if the Contractor is consistently unable to schedule services compatible to the City’s required workload schedule or project site. The City may also cancel the contract, at any time, if the Contractor fails to comply fully with the specifications stated herein. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any such breach of the contract by the Contractor. 11. City's Right to Proceed. In the event this contract is terminated pursuant to Paragraph 10, 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. 12. Termination for Convenience of the City. The City shall have the right by written notice to Contractor to terminate and cancel this contract, without cause, for the convenience of the City, and Contractor shall immediately stop work. In such event City shall not be liable to Contractor except for work performed prior to such notice in an amount proportionate to the completed contract price and for the actual costs of preparations made by Contractor for the performance of the canceled portions of the contract, including a reasonable allowance of profit applicable to the work performed and such preparations. Anticipatory profits and consequential damages shall not be recoverable by Contractor. The Contractor shall make every effort to mitigate cost to the City. The Contractor shall attempt to return for credit any materials purchased by the Contractor for use under this contract. Payments due the Contractor resulting from termination of contract pursuant to this paragraph shall be offset by any progress payments made by the City to the Contractor. 13. Delay by City. City and Contractor agree that the schedule of services to be provided by the Contractor under this agreement may depend upon timely fulfillment of City responsibilities. If the City is unable to provide services and/or facilities as specified in the contract documents, and/or causes delays to the project beyond Contractor’s control, the Contractor shall be entitled to an extension of the time for contract completion but such contract time of completion shall be extended no more than one day for each day of delay caused by the City. Any such agreement to modify or extend the time of contract completion shall be made in writing by formal addendum to the contract. The time of application of liquidated damages shall not begin until after the amended date for contract/phase completion. The contract time of completion shall not be extended because of delay caused by the City unless and until the Contractor has notified the City, in writing, that the City has caused a delay; such notice shall be made not later than seven (7) days after the beginning of the delay caused by the City. 14. Guards and Lights. The Contractor agrees that during the performance of said work, it will maintain proper guards for the prevention of accidents and put up and maintain suitable and sufficient lights. 15. Liability and Indemnity. a. In no event shall the City be liable to the Contractor for special, indirect, or consequential damages, except those caused by the City’s gross negligence or willful or wanton misconduct arising out of or in any way connected with a breach of this contract. The maximum liability of the City shall be limited to the amount of money to be paid or received by the City under this contract. b. The Contractor shall defend, indemnify and save harmless the City, its elected or appointed officials, agents and employees from and against any and all liability, suits, damages, costs (including attorney fees), losses, outlays and expenses from claims in any manner caused by, or allegedly caused by, or arising out of, or connected with, this contract, or the work or any subcontract thereunder (the Contractor hereby assuming full responsibility for relations with subcontractors), including, but not limited to, claims for personal injuries, death, property damage, or for damages from the award of this contract to Contractor, notwithstanding any possible negligence, whether sole or concurrent, on the part of the City, its officials, agents and employees. c. The Contractor shall indemnify and hold the City harmless from all wages or overtime compensation due any employees in rendering services pursuant to this agreement or any subcontract, including payment of reasonable attorneys’ fees and costs in the defense of any claim made under the Fair Labor Standards Act, the Missouri Prevailing Wage Law or any other federal or state law. d. The indemnification obligations of Contractor hereunder shall not be limited by any limitations as to the amount or type of damages, compensation or benefits payable by or for the Contractor, under any federal or state law, to any person asserting the claim against City, its elected or appointed officials, agents and employees, for which indemnification is sought. e. The indemnification obligations herein shall not negate, abridge or reduce in any way any additional indemnification rights of the City, its elected or appointed officials, agents and employees, which are otherwise available under statute, or in law or equity. f. Contractor affirms that it has had the opportunity to recover the costs of the liability insurance required in this agreement in its contract price. Contractor’s obligation under this agreement to defend, indemnify, and hold harmless any person from that person’s own negligence or wrongdoing is limited to the coverage and limits of the applicable insurance required of the Contractor under this agreement. 16. 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. 17. Contract Documents. The contract documents shall consist of part if not all of the following: a. This Contract b. Request for Proposals issued 11/16/2023, as well as all duly issued addendums c. All Duly Executed Change Orders d. Exhibit A- Description of Work and Notice of Award e. Exhibit B- Proposal Submission dated _______ This contract, together with the other documents enumerated in this paragraph, forms the contract between the parties. These documents are as fully a part of the contract as if attached hereto or repeated herein. 18. Subsurface Conditions. Contractor agrees that no information has been provided concerning subsurface conditions and the Contractor is solely responsible for determining or anticipating the subsurface conditions at the job site. 19. General Independent Contractor Clause. This agreement does not create an employee/employer relationship between the parties. It is the parties' intention that the Contractor will be an independent contractor and not the City's employee for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, Missouri Revenue and Taxation laws, Missouri Workers' Compensation and Unemployment Insurance laws. The Contractor will retain sole and absolute discretion in the judgment of the manner and means of carrying out the Contractor's activities and responsibilities hereunder. The Contractor agrees that it is a separate and independent enterprise from the public employer, that it has a full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This agreement shall not be construed as creating any joint employment relationship between the Contractor and the City, and the City will not be liable for any obligation incurred by the Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. 20. Prevailing Wage. For Contract values exceeding $75,000 not less than the prevailing hourly rate of wages, as set out in the wage order attached to and made part of the specification for work under the contract, must be paid to all workers performing work under the contract (see Section 290.250, RSMo). The contractor will forfeit a penalty to the contracting public body of $100 per day (or portion of a day) for each worker that is paid less than the prevailing rate for any work done under the contract by the contractor or by any subcontractor (see Section 290.250, RSMo). For detailed information on rules and occupational titles, see 8 CSR 30-3.010 through 3.060). During periods of excessive unemployment (any month immediately following two consecutive calendar months during which the level of unemployment in 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), (see Excessive Unemployment section), may be employed under the contract, except that other laborers may be used when Missouri laborers or laborers from non-restrictive 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. (See Sections 290.550 through 290.580, RSMO). 21. Transient Employers. Every transient employer, as defined in Section 285.230, RSMo., 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 of Worker’s Compensation Insurance or self-insurance signed by the transient employer and verified by the Department of Revenue through records of the Division of Worker’s 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., be liable for a penalty of $500 per day until the notices required by this section are posted as required by that Statute. 22. Nonresident/Foreign Contractors. The Contractor shall procure and maintain during the life of this contract: a. If the Contractor is a foreign corporation, a certificate of authority to transact business in the State of Missouri from the Secretary of State, unless exempt pursuant to the provisions of Section 351.570 RSMo. b. A certificate from the Missouri Director of Revenue evidencing compliance with the transient employer financial assurance law, unless exempt pursuant to the provisions of Section 285.230 RSMo. 23. E-Verify and Safety Training Compliance Requirements. All Bidders/Contractors for contracts exceeding five thousand dollars 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. Every such business entity shall also sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. Such Affidavit of Compliance shall be submitted with the bid on the forms included in these Contract Documents. Subsequent to award, each subcontractor shall complete an Affidavit of Compliance to the same. Subcontractor affidavits shall be submitted to the Owner. Bidders are informed the Project is subject to the requirements of Section 292.675, RSMo., which requires all contractors or subcontractors doing work on the Project to provide and require its on-site employees to complete a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration (“OSHA”) or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. The training must be completed within sixty (60) days of the date work on the Project commences. On-site employees found on the worksite without documentation of the required training shall have twenty (20) days to produce such documentation. 24. Safety Training. The contractor shall provide the following safety training: A ten (10) hour Occupational Safety and Health Administration (“OSHA”) construction safety program for all employees who will be on- site at the Project. The construction safety program shall include a course in construction safety and health that is approved by OSHA or a similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program as required by Section 292.675, RSMo. a. Require its on-site employees to complete a construction safety program within sixty (60) day after the date work on the Project commences. b. Acknowledges and agrees that any of the Contractor’s employees found on the project site with documentation of the successful completion of a construction safety program shall be required to produce such documentation within twenty (20) days, or will be subject to removal from the Project. c. Require all of its Subcontractors to comply with the requirements of this section and Section 292.675 RSMo. 25. Notice of Penalties for Failure to Provide Safety Training. The contractor shall be liable for penalties for failure to provide safety training as follows: a. Pursuant to Section 292.675 RSMo. the Contractor shall forfeit to the City as a penalty two thousand five hundred dollars ($2,500.00), plus one hundred dollars ($100.00) for each on-site employee employed by the Contractor or its Subcontractor, for each calendar day, or portion thereof, such on-site employee is employed without the construction safety training required in Paragraph 24 above. b. The penalty described in this section shall not begin to accrue until the time periods described in Paragraph 24 a. and b. have elapsed. c. Violation of Paragraph 24 above and imposition of the penalty described in this Section shall be investigated and determined by the Missouri Department of Labor and Industrial Relations. 26. Payment Withheld for Violations of Safety Training Provisions. In the event that the Missouri Department of Labor and Industrial Labor Relations has determined that a violation of Section 292.675 RSMo. has occurred and that a penalty as described in Section 25 shall be assessed, the Owner shall withhold and retain all sums and amounts due and owing when making payments to the Contractor. 27. Right to Audit. The Contractor shall establish and maintain a reasonable accounting system that enables the City to readily identify contractor’s assets, expenses, costs of goods, and use of funds. The City and its authorized representatives shall have the right to audit, to examine, and to make copies of or extracts from all financial and related records (in whatever form they may be kept, whether written, electronic, or other) relating to or pertaining to this Agreement kept by or under the control of the contractor. The Contractor shall, at all times during the term of this Agreement and for a period of five years after the completion of this Agreement maintain such records, together with such supporting or underlying documents and materials. The Contractor shall at any time requested by the City, whether during or after completion of this Agreement, and at Contractor’s own expense make such records available for inspection and audit (including copies and extracts of records as required) by the City. Such records shall be made available to the City during normal business hours at the contractor’s office or place of business subject to a three-day written notice. 28. Assignment. The Contractor shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or notation), without prior written consent of the City thereto, provided, however, that claims for money due or to become due to the Contractor from the City under this Contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of such assignment or transfer shall be furnished in writing promptly to the City and the bond surety. Any such assignment is expressly subject to all rights and remedies of the City under this agreement, including the right to change or delete activities from the Contract or to terminate the same as provided herein, and no such assignment shall require the City to give any notice to any such assignee of any actions which the City may take under this agreement. 29. Conflict of Interest. In accepting this contract, Contractor certifies that no member or officer of its firm or corporation is an officer or employee of the City of Cassville, Missouri, or any of its boards or agencies, and further that no officer or employee of the City has any financial interest, direct or indirect, in this contract. All applicable federal regulations and provisions of RSMo. Section 105.450 et seq. shall not be violated. 30. Nondiscrimination. The Contractor agrees in the performance of this contract not to discriminate on the grounds 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. 31. Notices. All notices required or permitted herein under and required to be in writing may be given by FAX or by first class mail addressed to City and Contractor at the addresses shown in the signature block. The date of delivery of any notice given by mail shall be the date falling on the second full day after the day of its mailing. The date of delivery of notice by FAX transmission shall be deemed to be the date transmission occurs, except where the transmission is not completed by 5:00 p.m. on a regular business day at the terminal of the receiving party, in which case the date of delivery shall be deemed to fall on the next regular business day for the receiving party. 32. Non-Appropriation. This contract is subject to the annual appropriation of funds by the Board of Aldermen to pay the amounts which become due under the terms/performance of this agreement. In the event the Board of Aldermen do not appropriate the funds to pay the amounts due under this agreement, either party may declare this agreement null and void 33. Waiver. No provision of the contract documents shall be construed, expressly or by implication, as a waiver by the City of any existing or future right or remedy available by law in the event of any claim of default or breach of contract. 34. Entire Agreement. This agreement contains the entire agreement of the parties. No modification, amendment, or waiver of any of the provisions of this agreement shall be effective unless in writing specifically referring hereto, and signed by both parties. 35. Jurisdiction. This agreement and every question arising hereunder shall be construed or determined according to the laws of the State of Missouri. Should any part of this agreement be adjudicated, venue shall be proper only in the Circuit Court of Barry County, Missouri. IN WITNESS WHEREOF, the parties hereto have set their hands on the day and year herein stated. City of Cassville, Missouri Contractor _______________________________________ Bill Shiveley, Mayor ______________________________________ Signature _______________________________________ Printed name and office 300 Main Street Cassville, Missouri 65605 417-844-4441 Tel. 417-844-5001 Fax Street Address City, State, Zip Code Phone Fax