CITY OF JEFFERSON

INVITATION FOR BIDS

Bid No.: IFB4351

Subject: Generator Maintenance and Repair Services City Wide

Closing Date: Bids must be received no later than 1:30 p.m. on December 16, 2025. Bids should be submitted electronically. Hard-copy bids will also be accepted at the following address with the bid number and subject indicated on the envelope:

Office of the Purchasing Agent City of Jefferson 320 E McCarty St Jefferson City, MO 65101

Bids will be publicly opened at 1:30 p.m. on December 18, 2025 in City Council Chambers.

Purchasing Agent: Megan Stephenson Mstephenson@jeffersoncitymo.gov 573-634-6324 mailto:Mstephenson@jeffersoncitymo.gov

REQUEST FOR BIDS

Generator Maintenance and Repair Services

Introduction and General Information

The City of Jefferson invites interested, qualified vendors, hereinafter referred to as contractors or bidders, capable of providing generator maintenance and repair to the City’s (16) backup generators located at various locations throughout Jefferson City.

Service requirements may be adjusted either up or down based on need. The successful bidder must be available for emergency services, if required.

Notice to Bidders

Before submitting the bid, each contractor shall become fully informed as to the extent and character of the work required.

No consideration will be granted for any alleged misunderstanding of the equipment to be used or services to be required, it being understood that the submission of a bid is an agreement to all items and conditions referred to herein. Failure to inspect the sites will in no way relieve the successful contractor from the necessity of furnishing any materials or performing any labor necessary for the satisfactory completion of the work.

Pre-bid Conference/ Questions

A pre-bid conference will not be held. All questions regarding the bid specifications or process must be directed to Megan Stephenson, mstephenson@jeffersoncitymo.gov, 573-634-6324. All questions should be submitted no later than December 15, 2025.

Bid Submittal

Each bidder shall be responsible for researching the existing conditions and matters that affect the cost or performance of the services.

Bids must include the following:

Vendor Information o Contractor’s Qualification – Indicate staffing levels: types of businesses and equipment experienced with; demonstrate ability to fulfill the contract requirements (Attachment C) o List of generators currently used by the City (Attachment B) o References – List four references for commercial services. (Attachment D)

• Pricing Form (Attachment A) – Proposers shall state firm, fixed hourly pricing for services as described in addition to a markup percentage for parts.

• Sample Contract (Exhibit 1))

• E-Verify Affidavit and copy of the signature page of the MOU between the bidder and Homeland Security (Attachment E)

• Anti-Collusion Form (Attachment F) mailto:mstephenson@jeffersoncitymo.gov

If additional space is needed for the attachments, bidders may use additional sheets.

Bids should be submitted electronically through Bonfire: https://jeffersoncitymo.bonfirehub.com.

Bids may also be submitted hard-copy with the bid number (IFB4351) indicated on the outside of the envelope and must be submitted to the following address:

City of Jefferson, Purchasing Agent 320 E McCarty Street Jefferson City, MO 65101

Bids must be received no later than 1:30 p.m. on December 16, 2025.

Bids will be publicly opened at 1:30 p.m. on December 16, 2025 in City Council Chambers at 320 E.

McCarty St, Jefferson City, MO.

Subcontractors

The contractor shall not engage or use the services of subcontractors in the performance of this contract except with the prior written approval of the City prior to any work being performed.

Bidders shall list all and any subcontractors they intend on using in their bid response.

Evaluation and Award

Award will be made to the lowest and best bidder whose bid conforms to the solicitation that will be most advantageous to the City. In determining lowest and best, the following will be considered:

Criteria POINTS

Experience, references, and reliability 25 Expertise of Personnel 25 Cost 50

Total Points 100

The City reserves the right to consider historic information and fact, whether gained from the contractor’s bid, reference, or any other source, in the evaluation process.

The City may award to a single vendor or may award to multiple vendors, whichever is in the City’s best interest.

Delivery and Storage

Contractor is responsible for delivery and storage of all equipment and supplies required for this project.

All bids must be bid with shipping to be FOB destination.

https://jeffersoncitymo.bonfirehub.com/

Withdrawal of Bids

Bidders may withdraw their bid after depositing with the Purchasing Agent at any time prior to the stipulated time for opening of such bids. No bid may be withdrawn within thirty (30) days after the opening thereof, unless obvious errors are apparent.

Right to Accept or Reject Bids

The right is hereby reserved to accept or reject all or part of any bid, to waive informalities and to request new bids as the interest of the City may require.

Tax Exempt Status

The City of Jefferson is tax exempt by law. Do not include tax in bidding. A federal tax-exempt certificate will be furnished when requested.

Contract with Third-Parties

The bidder shall not enter into any contractual agreement with a third party for performance of any conditions under this bid without the express written approval of the City.

Invoicing and Payment

The contractor shall submit invoices for services to the City of Jefferson, Department Serviced, 320 E McCarty Street, Jefferson City, Missouri 65101. The City shall only be liable for charges as indicated on the Pricing Form.

Restrictive Clause

Bidders must contact the Office of the Purchasing Agent at least five (5) days prior to the bid opening if any of the specification contains restrictive language or requirements that render him unable to bid.

American’s with Disabilities Act

Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three (3) business days to process the request.

Federal Work Authorization Program

Bidders that meet the definition of a business entity as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, providing services exceeding $5,000, shall maintain enrollment and participation in a federal work authorization program with respect to the employees hired after enrollment in the program who are proposed to work in connection with the contracted services included herein. If the contractor’s business status changes during the life of the contract to become a business entity as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, then the contractor shall, prior to the performance of any services as a business entity under the contract enroll and participate in a federal work authorization program, such as E-Verify.

Bidders must, by sworn affidavit and provision of documentation (copy of E-Verify Memo of Understanding Electronic Signature Page), affirm their enrollment and participation in a federal work authorization program. Bidders shall complete and sign the Affidavit of Compliance with Section 285.525-285.550 RSMo and submit a copy of the signature page of their MOU with Homeland Security.

See Affidavit of Compliance with E-Verify document, Attachment E.

For bidders that are not already enrolled and participating in a federal work authorization program, E- Verify is an example of this type of program. Information regarding E-Verify is available at https://www.e-verify.gov/.

Contract Period

The contract period shall be for one year from the date of award. With the agreement of both parties, the contract may be renewed for up to two additional automatic renewal periods. The City may extend the contract on a month-to-month basis, not to exceed six (6) month if necessary. A contract will be established with the awarded bidder. See Exhibit 1 – Sample Contract.

Insurance Requirements/Contract

Contractors shall provide certificate of insurance and maintain insurance in accordance with all requirements shown in the sample contract. See Exhibit 1 – Sample Contract.

Changes to Bid Documents

Changes to solicitation documents prior to bidding will be by addendum issued by the City.

Termination

The City reserves the right to terminate the contract at any time, for the convenience of the City, without penalty or recourse, by giving written notice to the contractor at least thirty (30) calendar days prior to the effective date of such termination. The contractor shall be entitled to receive compensation for services and/or supplies delivered to and accepted by the City pursuant to the contract prior to the effective date of termination.

Laws and Regulations

The contractor shall perform services in accordance with all applicable state, local and federal statutes and legal requirements in his performance of this contract. In addition, the bidder’s attention is directed to City Code, Chapter 17 – Licenses, Taxation and Miscellaneous Business Regulation.

Before an award of contract or purchase order can be made, bidders doing any service or business within the corporate city limits of the City of Jefferson must have a current business license.

https://www.e-verify.gov/

Proprietary Products

Any piece of equipment described herein that is a proprietary product, or the use of a manufacturer’s or vendor’s brand name, is referenced with the intent to indicate a standard of design desired by the buyer and shall not be construed to exclude other manufacturer’s products of comparable quality. The buyer reserves the right to determine the quality of the equipment offered.

Preference for U.S. Manufactured Goods

On purchases in excess of $25,000, the city shall select products manufactured, assembled or produced in the United States, if quantity, quality, and price are equal. Every contract for public works construction or maintenance in excess of $25,000 shall contain a provision requesting the contractor to use American products in the performance of the contract.

Cooperative Procurement

The City has entered into cooperative purchasing agreements with Cole County and the Jefferson City Housing Authority. Cole County and/or the Jefferson City Housing Authority may or may not request an unknown quantity of goods or service under this bid during the bid period or resulting agreement period at the same prices, terms and conditions stated herein.

It is understood and agreed that each participating political subdivision will make its own separate contract with the successful bidder, that each participating political subdivision shall only be liable to the successful bidder for materials or supplies contracted for by such political subdivision without any liability for purchases contracted for by any other participating political subdivision, and each successful bidder shall be required to bill each participating political subdivision directly for the materials or supplies purchased by it.

SCOPE OF WORK

General Information

The City of Jefferson has sixteen (16) emergency generators in operation located at facilities located throughout the City. The City of Jefferson is requesting pricing for preventative maintenance/service agreements for generators at several locations as listed.

The vendor shall inspect the equipment semi-annually during normal business hours, one of which will include annual full-service preventive maintenance. Preventative maintenance shall be scheduled with the appropriate department(s) twice per year. In addition, services shall be performed at any other time during the one-year period at the request of the City. The generators must be maintained to be fully functional and capable of operating 24 hours per day, seven days per week, to provide emergency standby power. Additional services shall be as requested and estimated by the repairer. Approval by the department will be required before work commences. The maintenance will cover an annual comprehensive service and performance inspection, a semi-annual performance inspection and an optional 4-hour load-bank test. Preventative maintenance visit pricing is to include all parts, labor, and travel costs associated with visit.

I. Semi-Annual and Performance Inspection

· Lubrication System

- Check oil level

- Inspect engine seals for leaks

- Inspect lube oil for obvious contamination

- General overview visual check

- Document and log all findings

· Fuel/Exhaust System

- Inspect air filters

- Inspect intake system

- Inspect exhaust system

- Test fuel transfer pumps and lines

- Inspect gas and fuel tanks

- Check gas and fuel levels

- Inspect carburetors, regulators, and linkages

- General overview visual check

- Document and log all findings

· Battery

- Check charger and gauges

- Inspect racks, mountings, and casings

- Inspect cabling condition

- Inspect connections and clean

- Check electrolyte levels and fill

- Load test

- General overview visual check

- Document and log all findings

· Coolant System

- Check coolant level and top off

- Test coolant protection levels

- Inspect hoses

- Inspect for leaks

- Inspect radiator cap

- General overview visual check

- Document and log all findings

· Engine General

- Inspect belts and tension

- Inspect and lubricate all governor linkage

- Adjust governor linkage (as needed)

- Test starter operation

- Check engine block heater operation

- Check of all gauges and meters

- Inspect crankcase breather and clean (as needed)

- General overview visual check

- Document and log all findings

· Generator

- Check unit voltage and adjust

- Check frequency of output voltage and adjust

- Check exciter rotor

- Clean/Inspect DC commutator and slip rings

- Inspect all cabling connections

- Check for any bearing, grinding, or arcing

- Foreign debris check

- Test no load operation

- Check control panel operation

- General overview visual check

- Document and log hour meter/run time

· Transfer Switch

- Check of all gauges and meters

- Test all alarms and auto shutdowns

- Inspect all safety switches

- Check the exerciser clock operation

- Check wiring and connectors

- Check relays and controls

- General overview visual check

- Document and log all findings

· General

- Inspect condition of all mountings

- Inspect weather protection

- Inspect/Check safety shutdown devises

- Inspect/Adjust locks, latches, and weather seals

- Check fans dampers and louvers

- General overview visual check

II. Annual Service

· Includes everything in the Semi-Annual and Performance Inspection plus the items below

- Change oil

- Change oil filters

- Lube grease fittings

- Change fuel filters

- Bleed fuel system

- Change coolant filters (as needed)

- Change air filters (as needed)

III. Four (4) hour load bank test (Optional)

· Tests will be reported with 15-minute readings

- Cleans out exhaust piping preventing wet stacking

- Determines cooling system efficiency

- Points out problematic leaks in the lubrication system

- Ensures that the voltage and frequency is stable

- Tests the complete fuel system

- Evaporates moisture from windings and other components

- Tests overall condition of the excitation system

- Tests governors and controllers under load

- Reseats piston rings and other engine components

- Cleans out unburned product on valves, turbochargers and manifolds

- Overall assurance that the unit will function when needed

RESPONSE TIME

All preventative maintenance shall be scheduled a minimum of twenty-four (24) hours in advance.

Repair services for a number of these generators may be considered an emergency. Guaranteed response time must be within six (6) hours for non-emergency service calls and within two (2) hours for emergency service calls. Determination of the type of service call is at the discretion of the City representative at the time of the request. If your firm cannot guarantee response times that meet these requests, list the time your firm requires.

ATTACHMENT A

BID FORM

Annual/Semi-Annual Maintenance

ITEM

ITEM DESCRIPTION

EST

VISITS

PRICE PER

YEAR – YEAR

PRICE PER

YEAR – YEAR

PRICE PER

YEAR

–YEAR 3

1. Main Treatment Facility (Detroit)

2. Trailer Mounted Unit (Onan)

3. Cole Junction Pump Station (Cummins)

4. Binder Lake Pump Station (Cummins)

5. Fire Station #4 (Onan)

6. Fire Station #5 (Onan)

7. Algoa Treatment Facility (Caterpillar)

8. Algoa Pump Station B (Kohler)

9. Police Department – (Cummins)

10. Fire Dept –Hyde Park (Baldor)

11. Street Dept. (Cummins)

12. Fire Station #3 (Generac)

13. City Hall (MTU Onsite)

14. Wastewater Collections Hyde Park (Kohler)

15. Fire Station #2 (AKSA Power Generation)

Optional Load Bank Test

VISITS

PRICE PER

VISIT – YEAR

PRICE PER

VISIT – YEAR

PRICE PER

VISIT – YEAR 3

17. Main Treatment Facility (Detroit)

18. Trailer Mounted Unit (Onan)

19. Cole Junction Pump Station (Cummins)

20. Binder Lake Pump Station (Cummins)

21. Fire Station #4 (Onan)

Optional Load Bank Test Continued

VISITS

PRICE PER

VISIT – YEAR

PRICE PER

VISIT – YEAR

PRICE PER

VISIT – YEAR

22. Algoa Treatment Facility (Caterpillar)

23. Algoa Pump Station B (Kohler)

24. Police Department – (Cummins)

25. Fire Dept –Hyde Park (Baldor)

26. Street Dept. (Cummins)

27. Fire Station #3 (Generac)

28. City Hall (MTU Onsite)

29. Wastewater Collections Hyde Park (Kohler)

30. Fire Station #2 (AKSA Power Generation)

Additional Services

HOURLY/DISCOUNT

RATE – YEAR 1

HOURLY/DISCOUNT

RATE – YEAR 2

HOURLY/DISCOUNT

RATE – YEAR 3

32.

Non-Emergency Labor Rate Per Hour

33. Emergency Labor Rate Per Hour

34.

Parts Discount – Cost plus percentage increase

35.

Total flat rate round trip charge for service call to Jefferson City, MO (includes mileage, labor rate for drive time, etc.)

Any other additional charges? ______________________________________

Discount for prompt payment on invoices only ______%_______days. Discount will not be evaluated on bid.

Guaranteed response time for emergency calls ________________________hours.

Guaranteed response time for non-emergency calls ________________________hours.

Prices in this bid firm for _______________days.

Do you agree to cooperative procurement by Cole County? Yes___No___

Do you agree to cooperative procurement by Housing Authority? Yes___No___

I/We the undersigned do hereby certify that the information presented in this proposal is true and accurate and agree to provide the specified products and services at the price and time stated if awarded the bid. I/We also certify that I am a duly authorized representative of the business entity below and that I possess the legal authority to sign on behalf of the business for which I am acting.

NAME OF COMPANY___________________________________________________________________________

AGENT & TITLE_______________________________________________________________________________

ADDRESS____________________________________________________________________________________

TELEPHONE___________________________________DATE__________________________________________

EMAIL ADRESS _______________________________________________________________________________

BIDDER SIGNATURE___________________________________________________________________________

Type of Business: ___Limited Liability Corporation ___Partnership ___Corporation ___Sole Proprietorship

ATTACHMENT B

1. Main Treatment Facility (Detroit)-Jefferson City Wastewater Treatment Plant (401 Old Mokane Rd Jefferson

City, MO 65101). Generator-Spectrum, Model#800DS4, Serial#0722883, KW 800. Engine- Detroit Series

2000, Model#R1637K35, Serial#968903. 810.00 KW, 1013.00 KVA. Transfer Switch- ASCO, Series 300, Catalog#30031200N1XC, Serial#180162

2. Portable Onan (Rewound and now rated @250KW)(401 Mokane Road Jefferson City, MO 65101)-Generator-

Onan 250 GenSet, Model#250 ODFM-6 DR/30901N, Serial#H870914537, KW 250 ,Engine#30306157, Model#NT655G3

3. Cole Junction Pump Station(1205 Rockhill Road Hwy 179 Jefferson City, MO)-Generator-Cummins Engine

Model#DQGAA-1336324, Serial#I13567484. 1250.00KW, 1562.50KVA. Transfer Switch-ASCO, Series

7000.Engine-Model#qsk50-g4, Serial#50264, Engine#25389723, Ref#3644207

4. Binder Pump Station(115 Campground Ct Jefferson City, MO)-Generator-Cummins Engine 250 KW, 313 KVA, Model#500FDR7118JJW, Serial#PJ-19-51030-08/23, Transfer Switch- ASCO, Series 300, Catalog#A3003100091C, Serial#107543.

5. Fire Station #4(820 Ellis Blvd Jefferson City, MO)- Cummins Model#GGDB-5711753, Serial#E050780590, 20

KW. Engine-Ford Model#LRG425, Serial#05YG40355

6. Fire Station #5(1005 Fairgrounds Jefferson City, MO)- Onan, Model#12.5JCR-3CR/96I6AA, Serial#0674822337, 12.5 KW.

7. Algoa Treatment Facility (7907 No More Victims Road, Jefferson City, MO 65101)- Generator- Caterpillar, 400KW, Model#SR4, Serial#1JJ00790. Engine#3406D1 Transfer Switch- ASCO, Series 300, Catalog#A3003100091C, Serial#107543.Engine-Model#3406 D1, Serial#4RG02185

8. Algoa B Pump Station(8501 No More Victims Road Jefferson City, MO 65101)- Generator-Kohler 100, , Model#100REOZJ, SN#0752176, 100 KW. Engine- John Deere SN#PE6068T2490026068TF250, Transfer

Switch-Kohler Power Systems, Model#KCP-AMTD-0225SALfa, SN#K0750149. Engine-Model#6068TF250, Serial#PE6068T249002

9. Police Department (401 Monroe Street Jefferson City, MO 65101)-Generator-Cummins N-14, Model#MCD-

350, Serial#M081205805, 350 KW

10. Fire Department (2304 Hyde Park Jefferson City, MO)- Generator- Baldor Model#TS60T, Serial#P080409005, 49 KW Engine-John Deere Model#5030TF270C, Engine Family 6JDXL03.0063

11. Street Department (2310 Hyde Park Road Jefferson City, MO)- Generator-Cummins Power Generation, Model#DSHAE-7063648, Serial#B080161581, 125 KW. Engine: Serial#46860688, Model#QSL9-G2

12. Fire Station#3(302 Rock Hill Road Jefferson City, MO)-Generator-Generac

Model#SG0150GG036.8P36HPYYE, Serial#8548926, 150 KW, Engine-Ford Engine DGNXB06.82C3, E172A

181013 2910400

13. City Hall (320 E McCarty Street Jefferson City, MO)-Generator-MTU Onsite-MTU06R0120 DS200, Serial#95130500223, 200 KW. Engine-Mercedes-Benz Model#OM926LA

14. Wastewater Collections (2320 Hyde Park Road)-Kohler Model#125reozjg-cp1, 125 KW powered by 4.5L John

Deere powertech diesel engine, Engine-Serial#PE4045N013930, Model#4045HF285

15. Fire Station #2 (2395 E. McCarty Street)-Generator-AKSA Power Generation, Model#APD-NG150, Serial#8.8L0012042, 150 KW.

ATTACHMENT C

STAFF AND EXPERIENCE

List total number of staff assigned to this work: _____________

Vendor shall list the staff and their experience that will be assigned to the City of Jefferson work:

Attach additional sheets where needed.

Name ________________________________ Classification ____________________________

Years with this firm _______ Years experience Commercial ________ Residential _____

Description of experience ________________________________________________________

Name ________________________________ Classification ____________________________

Years with this firm _______ Years experience Commercial ________ Residential _____

ATTACHMENT D

REFERENCES

Bidders must submit names and addresses of at least three (3) references for commercial services where services have been performed in the last year.

COMMERCIAL:

Name of Firm _______________________________________

Address ____________________________________________

Contact Person _____________________________ Telephone No. _____________________

Date of Services ____________________________ Brief Description of Services:

Name of Firm _______________________________________

Address ____________________________________________

Name of Firm _______________________________________

Address ____________________________________________

ATTACHMENT E

Affidavit of Compliance with Section 285.525-285.550 RSMo For All Services in Excess of $5,000.00

State of ________________________ ) ) ss County of ______________________ )

I, __________________________, am an authorized agent of _________________________ (Bidder). This business is enrolled and participates in a federal work authorization program for all employees working in connection with services provided to the City of Jefferson. This business does not knowingly employ any person that is an unauthorized alien in connection with the services being provided. Documentation of participation in a federal work authorization program

(signature page of the MOU with Homeland Security) is attached to this affidavit.

Furthermore, all subcontractors working on this contract shall affirmatively state in writing in their contracts that they are not in violation of Section 285.530.1 RSMo, shall not thereafter be in violation and submit a sworn affidavit under penalty of perjury that all employees are lawfully present in the United States.

Affiant Date

Subscribed and sworn to before me this _______ day of ___________, ______.

Notary Public

My commission expires: ___________________

If bidder is an individual and does not have any employees of any sort, complete this section.

I, the undersigned, being at least eighteen years of age, swear upon my oath that I am either a United States citizen or am classified by the United States government as being lawfully admitted for permanent residence.

Date Signature

Subscribed and sworn to before me this _______ day of ___________, ______.

Notary Public

My commission expires: ___________________

ATTACHMENT E

Sample E-Verify Memo of Understanding – MOU Electronic Signature Page

Company ID Number: XXXXXXX

Approved by:

Employer Your Company Name

Name (Please Type or Print) John Doe

Title

Signature

Electronically Signed

Date

05/27/2019

Department of Homeland Security – Verification Division

Name (Please Type or Print) USCIS Verification Division

Title

Signature

Electronically Signed

Date

05/27/2019

ATTACHMENT F - ANTI-COLLUSION STATEMENT

STATE OF _____________________________)

COUNTY OF ___________________________)

___________________________________________________________________ being first duly sworn, deposes and says that he is ______________________________ of

(Title of Person Signing)

_______________________________ that all statements made and facts set out in the bid for (Name of Bidder) the above project are true and correct; and that the bidder (the person, firm, association, or corporation making said bid) has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such bid of any contract which results from its acceptance.

Affiant further certifies that bidder is not financially interested in, or financially affiliated with, any other bidder for the above project.

(BY) _____________________________________

(BY) _____________________________________

Sworn to before me this ________ day of ________________, 20___.

Notary Public

My commission expires: ____________________________________

EXHIBIT 1

SAMPLE CONTRACT

CITY OF JEFFERSON

CONTRACT FOR PROFESSIONAL SERVICES

THIS CONTRACT, made and entered into the date last executed by a party as indicated below, by and between the City of Jefferson, a municipal corporation of the State of Missouri, hereinafter referred to as "City", and the __________________, hereinafter referred to as "Contractor".

WITNESSETH:

THAT WHEREAS, the City desires to engage the Contractor to render certain services for generator maintenance at several locations throughout the City, hereinafter described in Exhibit A.

WHEREAS, Contractor has made certain representations and statements to the City with respect to the provision of such services and the City has accepted said proposal to enter into a contract with the Contractor for the performance of services by the Contractor.

NOW THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Contractor as follows:

1. Scope of Services.

Contractor agrees to provide all supervision, labor, tools, equipment, materials and supplies for the generator maintenance at several locations throughout the City, as set forth in Exhibit A. In the event of a conflict between this agreement and any attached exhibits, the provisions of this agreement shall govern and prevail.

2. 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 of the City of Jefferson, and in accordance with the rates and/or amounts stated in the bid of Contractor dated ________, 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. No change in compensation shall be made unless there is a substantial and significant difference between the work originally contemplated by this agreement and the work actually required. The total amount for services rendered under this contract shall not exceed _________________ Dollars ($______).

3. Term.

This contract shall commence on ___________, 2021, and continue until __________, 2022. This agreement shall automatically renew for two (2) additional one (1) year periods unless the City provides Contractor a written notice of non-renewal at least thirty (30) days prior to the first day of a renewal period.

4. Additional Services.

The City may add to Contractor services or delete therefrom activities of a similar nature to those set forth in Exhibit A, provided that the total cost of such work does not exceed the total cost allowance as specified in paragraph 2 hereof. The Contractor shall undertake such changed activities only upon the direction of the City. All such directives and changes shall be in written form and approved by the City and shall be accepted and countersigned by the Contractor or its agreed representatives.

5. Personnel to be Provided.

The Contractor represents that Contractor has or will secure at its expense all personnel required to perform the services called for under this contract by the Contractor. Such personnel shall not be employees of or have any contractual relationship with the City except as employees of the Contractor. All of the services required hereunder will be performed by the Contractor or under the Contractor's direct supervision and all personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. None of the work or services covered by this contract shall be subcontracted except as provided in Exhibit A without the written approval of the City.

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. Independent Contractor.

The Contractor is an independent contractor and nothing herein shall constitute or designate the Contractor or any of its employees as agents or employees of the City.

8. Benefits not Available.

The Contractor shall not be entitled to any of the benefits established for the employees of the City and shall not be covered by the Workmen's Compensation Program of the City.

9. Nondiscrimination.

The Contractor agrees in the performance of the contract not to discriminate on the grounds or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age or political affiliation, against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder.

10. 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.

11. Notice to Proceed.

The services of the Contractor shall commence upon execution of this Agreement, and shall be undertaken and completed in accordance with the schedule contained in Exhibit A.

12. Termination.

If, through any cause, the Contractor shall fail to fulfill in timely and proper manner its obligations under this contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective day of such termination. The City reserves the right to terminate this contract for convenience by giving at least fourteen (14) days prior written notice to Contractor, without prejudice to any other rights or remedies of the City, provide Contractor shall be entitled to payment for all work completed by Contractor through the date of termination. The Contractor may without cause terminate this contract upon 30 days prior written notice. In either such event all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the Contractor under this contract shall, at the option of the City, become its property, and the compensation for any satisfactory work completed on such documents and other materials shall be determined. 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 contract by the Contractor.

13. Waiver of Breach .

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.

14. 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 the City successfully enforces the terms of this contract through litigation, the City shall be entitled to receive, in addition to any other relief, its reasonable attorney’s fees, expenses and costs.

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. Assignment.

The Contractor shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of the City thereto. 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, though City will attempt to so notify any such assignee.

17. Existing Data.

All information, data and reports as are existing, available and necessary for the carrying out of the work, shall be furnished to the Contractor without charge by the City, and the City shall cooperate with the Contractor in every reasonable way in carrying out the scope of services. The Contractor shall not be liable for the accuracy of the information furnished by the City.

18. Confidentiality.

Any reports, data or similar information given to or prepared or assembled by the Contractor under this contract which the City requests to be kept as confidential shall not be made available to any individual or organization by the Contractor without prior written approval of the City.

19. Indemnity.

To the fullest extent permitted by law, the Contractor will defend, indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from and against any and all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this paragraph.

20. Insurance.

Contractor shall provide, at its sole expense, and maintain during the term of this agreement commercial general liability insurance with a reputable, qualified, and financially sound company licensed to do business in the State of Missouri, and unless otherwise approved by the City, with a rating by Best of not less than “A,” that shall protect the Contractor, the City, and the City’s officials, officers, and employees from claims which may arise from operations under this agreement, whether such operations are by the Contractor, its officers, directors, employees and agents, or any subcontractors of Contractor. This liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury and damage to property, resulting from all Contractor operations, products, services or use of automobiles, or construction equipment at a limit of $500,000 Each Occurrence, $3,500,000 Annual Aggregate; provided that nothing herein shall be deemed a waiver of the City’s sovereign immunity. An endorsement shall be provided which states that the City is named as an additional insured and stating that the policy shall not be cancelled or materially modified so as to be out of compliance with the requirements of this section, or not renewed without 30 days advance written notice of such event being given to the City.

21. Documents.

Reproducible copies of tracings and maps prepared or obtained under the terms of this contract shall be delivered upon request to and become the property of the City upon termination or completion of work. Copies of basic survey notes and sketches, charts, computations and other data prepared or obtained under this contract shall be made available, upon request, to the City without restrictions or limitations on their use. When such copies are requested, the City agrees to pay the Contractor its costs of copying and delivering same.

22. Books and Records.

The Contractor and all subcontractors shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred in connection with this contract, and shall make such materials available at their respective offices at all reasonable times during the contract and for a period of three (3) years following completion of the contract.

23. Nonsolicitation.

The Contractor warrants that they had not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this contract, and that they have not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract.

For breach or violation of this warranty, the City shall have the right to annul this contract without liability, or, in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gifts, or contingent fee.

24. Delays.

That the Contractor shall not be liable for delays resulting from causes beyond the reasonable control of the Contractor;

that the Contractor has made no warranties, expressed or implied, which are not expressly set forth in this contract; and that under no circumstances will the Contractor be liable for indirect or consequential damages.

25. Amendments.

This contract may not be modified, changed or altered by any oral promise or statement by whosoever 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.

26. 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.

27. Notices.

All notices required or permitted hereinunder and required to be in writing may be given by first class mail addressed to the following addresses. The date and delivery of any notice shall be the date falling on the second full day after the day of its mailing.

If to the City: If to the Contractor:

City of Jefferson Contractor Department of Law Attn:

320 East McCarty Street Address Jefferson City, Missouri, 65101 Address

CITY OF JEFFERSON, MISSOURI CONTRACTOR

City Administrator Title:

Date:__________ Date:__________

ATTEST: ATTEST:

City Clerk Title:

APPROVED AS TO FORM:

City Attorney