CITY OF JEFFERSON

JEFFERSON CITY, MISSOURI

REQUEST FOR PROPOSAL

Proposal No.: RFP4381

Subject: East Miller Playground and Fitness Court Parks, Recreation and Forestry

Closing Date: Proposals must be received no later than 1:30 p.m. on June 11, 2026. Proposals should be submitted electronically through Bonfire.

Proposals 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 NOT be publicly opened.

Pre Proposal Conference: Pre-proposal conference will NOT be held. All questions must be directed to the

Purchasing Agent.

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

REQUEST FOR PROPOSAL

East Miller Playground and Outdoor Fitness Court Equipment Invitation

The City of Jefferson, Parks, Recreation and Forestry, herein referred to as City, invites interested, qualified individuals or firms, herein referred to as proposers, bidders, contractors, etc., capable of providing playground and outdoor fitness court equipment to the City, to submit a proposal. The proposal shall include site preparation and installation of the equipment. The submittal must satisfy all criteria established in this RFP to qualify for an award, unless it is waived by the City as an informality, technicality, or irregularity, at the City’s sole discretion.

Information and Instructions to Proposers

Notice to Proposers

Before submitting the bid, each proposer 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 proposal is an agreement to all items and conditions referred to herein.

Pre-proposal Conference/Questions

A pre-proposal conference will NOT be held. All questions regarding the RFP specifications or process must be directed to Megan Stephenson, mstephenson@jeffersoncitymo.gov, 573-634-6324.

Proposal Submittal

Offerors may bid on both the playground and the fitness court (Alternate 3) or may bid on just the playground or just the fitness court.

Proposals must include the following:

• Experience and Qualifications

• References – List three similar projects including contact information of the owner of the project within the past three years.

• Proposal and Design Sheet – Each design proposed shall contain:

o Price list of equipment;

o Schematic layouts of equipment to include dimensions of equipment and recommended spacing;

o Border plan for the playground;

o Drainage plan for safety surfacing;

mailto:mstephenson@jeffersoncitymo.gov o Base rock plan;

o Concrete plan;

o Photos of proposed equipment;

o Construction specifications of the equipment or provide a web link to the information;

o Site requirements and installation instructions or a web link to the information;

o Details on safety standards;

o Warranty information;

o Suggested/recommended inspection and maintenance schedules;

o Anticipated schedule for delivery of the equipment after receipt of the purchase order;

and o Available financial assistance (grants) or rebates to assist in the purchase of the equipment (not financing options).

• Cost Proposal – Attachment A

• Anti-Collusion Form – Attachment B

• E-verify Affidavit and MOU Signature Page – Attachment C

Proposers may submit no more than three design proposals.

Proposals should be submitted electronically through Bonfire or may be submitted hard copy in a sealed envelope to the following address with the bid number (RFP4381) on the outside of the envelope:

Purchasing Agent 320 E McCarty Street Jefferson City, MO 65101

Proposals must be received no later than 1:30 p.m. on June 11, 2026. Proposals will NOT be publically opened.

Evaluation and Award

Award will be made to the lowest and best responsible offeror whose proposal 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 quality of similar installed projects 15 Quality, durability, maintenance, warranty of equipment, adherence to equipment safety standards

Proposed Design Layout: layout, appeal, accessibility, number of users 20 Diversity of equipment 20 Cost to the City 20

Total Points 100

Under the provisions of City Code, Section 26A-40, the City reserves the right to conduct negotiations of the proposals received or may award a contract without negotiations.

The City has the right to award to one or more than one offeror.

Delivery

Equipment is to be delivered, FOB destination, to the East Miller Park, which is located at 998 E Miller Street, Jefferson City, Missouri.

Withdrawal of Bids

Proposers may withdraw their bid after submitting it to the Purchasing Agent at any time prior to the stipulated time for opening 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 Proposals

The right is hereby reserved to accept or reject all or part of any proposal, to waive informalities and to request new proposals 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.

Prevailing Wage

1. Prevailing Wage Law applies should the project cost exceed $75,000.

2. Should the bid for the project specified herein exceed $75,000.00, the principal contractor and all subcontractors shall pay not less than the prevailing wage hourly rate for each craft or type of workman required to execute this contract as determined by the Department of Labor and Industrial Relations of Missouri, pursuant to Sections 290.210 through 290.340 inclusive of the Revised Statutes of Missouri, 1994 as amended. Should this bid exceed $75,000.00, Annual Wage Order 32 for Cole County may be located at:

https://laborwebapps.mo.gov/DLS/PrevailingWage/AWO/AWO32/32_WO026.pdf and is also included in Exhibit 2.

Contractor further agrees that he will keep an accurate record showing the names and occupations of all workmen employed in connection with the work to be performed under the terms of this contract. A copy of the record shall be delivered to the City each week.

In accordance with Section 290.250 RSMo, Contractor shall forfeit to the City, One Hundred Dollars ($100.00) for each workman employed, for each calendar day or portion https://laborwebapps.mo.gov/DLS/PrevailingWage/AWO/AWO32/32_WO026.pdf thereof that the workman is paid less than the stipulated rates for any work done under this contract, by contractor or any subcontractor under contractor.

Federal Work Authorization Program

Proposers 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 enrolling in the program who are proposed to work in connection with the contracted services included herein. If the Proposer’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 Proposer 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.

Proposers must, by sworn affidavit and provision of documentation (copy of the E-Verify Memo of Understanding Electronic Signature Page), affirm their enrollment and participation in a federal work authorization program. Proposers shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. See Attachment C – Affidavit of Compliance with E-Verify document.

For vendors 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/.

Subcontractors

The Contractor shall be responsible to the City for acts, defaults and omissions of the subcontractors of any tier.

The subcontractors of any tier shall be bound by the applicable terms and provisions of the contract, but a contractual relationship shall not exist between subcontractors of any tier and the City.

Proposers shall list all and any subcontractors they intend on using in their proposal.

Contract with Third Parties

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

Invoicing and Payment

The contractor shall submit invoices for work completed to the City of Jefferson, Parks, Recreation and Forestry, 1299 Lafayette Street, Jefferson City, Missouri 65101. The City shall only be liable for charges as indicated on the Cost Proposal Form.

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

Insurance Requirements/Contract

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

Upon notice of acceptance of proposal, the contractor shall enter into a contract for work as outlined by this RFP. See Exhibit A – Sample Contract. The proposal should indicate any objections to any of the terms of the sample contract.

Restrictive Clause

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

Americans 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.

Changes to Bid Documents

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

Proposers shall acknowledge receipt of all addenda on bid forms.

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, Proposers doing any service or business within the corporate city limits of the City of Jefferson must have a current business license.

Proprietary Products

Any piece of equipment described herein that is a proprietary product, or the use of a manufacturer 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 manufacturers’ 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.

SCOPE OF WORK

General Information/Objective

The Parks, Recreation and Forestry Department seeks to contract with a supplier for the purchase and installation of a playground and an outdoor fitness court at the East Miller Park in Jefferson City, MO. Proposers are requested to submit proposals that contain a configured installation of various pieces of playground equipment and outdoor exercise equipment. The designs should provide for a comprehensive, safe play areas and exercise routines targeting major muscle groups. The playground equipment will be accessible by the public and shall be designed for children of various ages and abilities. The fitness court will also be accessible by the public and shall be designed for adults of various ages and abilities.

The fitness court is listed as an alternate (Alternate 3). Funding availability will determine if the fitness court will be awarded. Proposers may bid on both the playground and the fitness court or may bid on just the playground or just the fitness court.

Alternates 1 and 2 apply to the playground only.

Parks, Recreation and Forestry will be responsible for oversight of the playground and fitness court.

However, there will also be a general contractor and an architectural firm involved. Since the playground and fitness court construction will be happening in conjunction with other work at the park, the contract for the playground and fitness court may need to coordinate some activities as needed.

Work for the playground and fitness court is expected to begin late Summer or early Fall of 2026.

Site Information

The playground and fitness court will be located at East Miller Park located at 998 E Miller Street, Jefferson City, Missouri. See Design Plans.

Playground Requirements

• Contractor must provide all equipment, materials, labor, and supervision for the installation of the equipment.

• All equipment shall be commercial grade playground equipment and constructed with the highest quality to help ensure the longevity of the equipment. Wooden products will not be accepted.

• Materials used in the design and equipment should be highly vandal and fire resistant.

• Equipment shall retain its strength, looks, and usefulness for years without any need for lubrication, winterizing, or regular maintenance beyond routing inspections.

• See the Design Plans. The total square footage and design shape is flexible; however, the footprint of the design should stay within the hatched area indicated in the site plan.

• The playground will be constructed on a graded site, not to exceed 2% slope. Site will be graded by the general contractor, not the playground contractor.

• Playground contractor is responsible for all drainage, rock, and concrete work associated with the playground project.

• Playground design should have a fire department theme incorporated into it.

• Playground design should have at least two inclusive features.

• Playground equipment must be installed per the manufacturer’s recommendations.

• Safety surfacing must be “Pour-in-Place” at a thickness to meet or exceed requirements for existing fall heights.

• Playground safety surfacing should have a 12” x 10” steel reinforced concrete boarder where it does not tie into the existing trail. Submit the boarder plan in the proposal.

• Safety surfacing plan should include drainage per manufacturer’s recommendation. Submit the drainage plan in the proposal.

• Safety surfacing is to be installed on a compacted rock base per manufacturer’s recommendation.

Include the base rock plan in the proposal.

• Total project costs shall not exceed $250,000. Cost proposals should be provided in a way that is most advantageous to the City. Cost may include the use of nationally recognized cooperative contracts such as Sourcewell, NASPO, OMNIA, TIPS, etc., grant discounts, and rebates.

Shade Sails – Alternate 1

• Shade sails should be included in the playground design and may be contracted depending on available funding.

• Shade sails should be of commercial grade and include a warranty.

• Shade sails should consist of high-density polyethylene fabric with > 90% UV protection, meeting ASTM E-84 or FNPA 701 fire ratings and supporting high wind loads (90+mph).

• Shade sails should cover at least 25% of the playground area.

• Proposals shall include equipment, installation, footing construction and all materials.

Concrete Base – Alternate 2

Use reinforced concrete instead of compacted rock for the base of the safety surfacing for the playground.

Concrete must be a minimum of 4”. Include the concrete plan in the proposal.

Outdoor Fitness Court – Alternate 3

• Contractor must provide all equipment, materials, labor, and supervision for the installation of the equipment.

• Proposal shall include installation, equipment, and safety surfacing. The concrete pad will be provided by the General Contractor, not the playground or fitness court contractor.

• All equipment shall be commercial grade outdoor fitness court equipment and constructed with the highest quality to help ensure the longevity of the equipment. Wooden products will not be accepted.

• See the Design Plans. The total square footage and design shape is flexible; however, the footprint of the design should stay within the area indicated in the site plan.

• Materials used in the design and equipment should be highly vandal and fire resistant.

• Equipment shall retain its strength, looks, and usefulness for years without any need for lubrication, winterizing, or regular maintenance beyond routing inspections.

• Equipment shall provide opportunities for improving strength, flexibility, and cardiovascular capacity.

• Subgrade will be established by the general contractor and owner.

• Plan should include turf safety surfacing. Turf shall meet or exceed the specifications in Exhibit 3.

• Fitness courts should be installed on a steel, reinforced concrete pad approximately 26’ x 15x, a minimum of 4” thick with a compacted rock base.

• See Exhibit 4 – Place Holder Design.

• Equipment should contain information panels to identify the use of each piece of equipment. A

QR code on the information panels is desired.

• Proposal should indicate the number of concurrent users it will accommodate.

• Equipment shall meet all current industry safety standards.

• Total fitness court costs shall not exceed $40,000. Cost proposals should be provided in a way that is most advantageous to the City. Cost may include the use of nationally recognized cooperative contracts such as Sourcewell, NASPO, OMNIA, TIPS, etc., grant discounts, and rebates.

Warranty

Contractor shall warrant that all equipment is free from defects in material and manufacturing.

Equipment is to have the standard manufacturer’s warranty. Proposers shall indicate in their bid the warranty period and provide a copy of the warranty coverage.

Inspection

Contractor shall inspect all equipment upon installation to ensure there are no defects, proper installation, and that nothing has been done to void the warranty.

Bid Bond

Each bid must be accompanied by a certified check or bid bond made payable to the City of Jefferson for five (5%) percent of the amount of the bid. Bid security will be returned after award of the contract except to the successful bidder. Should the successful bidder fail or refuse to execute the bond and the contract required within seven (7) days after he has received notice of acceptance of his bid, he shall forfeit to the City as liquidated damages for such failure or refusal, the security deposited with his bid.

If submitting proposal electronically, upload the bid bond. If using a certified check, mail the check to the following address prior to the bid closing date: City of Jefferson, Purchasing Division, 320 E McCarty St, Jefferson City, MO 65101. Include the proposal number on the outside of the envelope.

Performance and Payment Bond

The contractor shall furnish an original performance bond (no copy or facsimile is acceptable), cashier's check, certified check, cash, bank draft, or irrevocable letter of credit to the City, within ten (10) days after award of the contract and prior to the start of any work to insure payment of all materials and labor used in the performance of the contract and to fully complete the project in a satisfactory and timely manner. Personal or company checks shall not be accepted. The performance bond shall be made payable to the City of Jefferson in an amount equal to the total bid price. The contract number and performance date must be specified in the performance bond.

Attachment A – Cost Proposal (Only use this form if submitting a hard-copy bid)

Bidders shall indicate firm, fixed pricing for the items below.

Item Number Description Unit of

Measure Total Cost

1.1 Playground equipment and installation for East Miller Park

Lump Sum

1.2 Alternate 1 – Shade Sails: Equipment and installation

1.3 Alternate 2 – Concrete base in lieu of compacted rock

1.4 Alternate 3 – Outdoor Fitness Court equipment and installation

Discount for prompt payment on invoices only. _____% discount if paid within _____ days. Discount will not be evaluated as part of the bid.

This bid is firm for __________days.

Are the items bid manufactured, or produced in the United States? 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 AND TITLE____________________________________________________________________

ADDRESS____________________________________________________________________________

TELEPHONE__________________________________________________________________________

EMAIL ADDRESS _____________________________________________________________________

BIDDERS SIGNATURE_________________________________________ DATE __________________

Form of Business: __Sole Proprietorship ___Partnership ___Corporation __Limited Liability Corporation

ATTACHMENT B

ANTI-COLLUSION STATEMENT

STATE OF _____________________________)

) ss

COUNTY OF ___________________________)

__________________________________________________________________ being first

NAME OF PERSON SIGNING STATEMENT

duly sworn deposes and says that he is ______________________________________ of

TITLE OF PERSON SIGNING

COMPANY NAME

that all statements made and facts set out in the bid for 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: ____________________________________

ATTACHMENT C

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: ___________________

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

EXHIBIT 1 – SAMPLE CONTRACT

CITY OF JEFFERSON

CONTRACT FOR CONSTRUCTION SERVICES

THIS CONTRACT, made and entered into the date last executed by a party as indicated below, by and between the Parks and Recreation Commission of the City of Jefferson, Missouri, a municipal corporation of the State of Missouri, hereinafter referred to as “City”, and__________ hereinafter referred to as “Contractor”.

WITNESSETH:

THAT WHEREAS, Contractor has become the lowest responsible bidder for furnishing the supervision, labor, tools, equipment, materials and supplies to install playground equipment and a fitness court at 998 E. Miller Street, Jefferson City, MO 65101, as set forth in Exhibit A.

NOW THEREFORE, the parties to this contract agree to the following:

1. Scope of Services.

Contractor agrees to provide all supervision, labor, tools, equipment, materials and to install Playground Equipment at East Miller Street located at 998 E. Miller Street Jefferson City, MO 65101 located at 5840 Rainbow Drive, Jefferson City, MO 65101, as set forth in Exhibit A. Installation of Playground Equipment and Fitness Equipment shall be completed pursuant to any installation guides, manuals or specifications provided by the manufacturer. 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 an Agent of the City of Jefferson’s Parks and Recreation Department, 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. The total amount of this contract shall not exceed Dollars. ($00.00).

3. Manner and Time for Completion.

Contractor agrees with the City to furnish all supervision, labor, tools, equipment, materials and supplies necessary to perform, and to perform said work at Contractor’s own expense in accordance with the contract documents and any applicable City ordinances and state and federal laws by _____ months of the date last executed below.

4. Prevailing Wages.

If the bid price is $75,000 or higher, prevailing wage will apply to public works projects. To the extent that the work performed by Contractor is subject to prevailing wage law, Contractor shall pay a wage of no less than the “prevailing hourly rate of wages” for work of a similar character in this locality, as established by Department of Labor and Industrial Relations of the State of Missouri, and as established by the Federal Employment Standards of the Department of Labor. Contractor acknowledges that Contractor knows the prevailing hourly rate of wages for this project because Contractor has obtained the prevailing hourly rate of wages from the contents of Annual Wage Order No. 31 Section 026 in which the rate of wages is set forth.

Contractor further agrees that Contractor will keep an accurate record showing the names and occupations of all workers employed in connection with the work to be performed under the terms of this contract. The record shall show the actual wages paid to the workers in connection with the work to be performed under the terms of this contract. A copy of the record shall be delivered to the Purchasing Agent each week. In accordance with Section 290.250, RSMo, Contractor shall forfeit to the City One Hundred Dollars ($100.00) for each worker employed, for each calendar day or portion thereof that the worker is paid less than the stipulated rates for any work done under this contract, by Contractor or any subcontractor under the Contractor.

5. Insurance.

Contractor shall procure and maintain at its own expense during the life of this contract:

A. Workmen's Compensation Insurance for all of its employees to be engaged in work under this contract.

B. Contractor's Commercial General Liability Insurance in an amount not less than $3,500,000 for all claims arising out of a single occurrence and $500,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo., and Contractor’s Property Damage Insurance in an amount not less than $3,500,000 for all claims arising out of a single accident or occurrence and $500,000 for any one person in a single accident or occurrence.

C. Automobile Liability Insurance in an amount not less than $1,000,000 for all claims arising out of a single accident or occurrence and $500,000 for any one person in a single accident or occurrence.

D. Owner’s Protective Liability Insurance. The Contractor shall also obtain at its own expense and deliver to the City an Owner’s Protective Liability Insurance Policy naming the City and the City as the insured, in an amount not less than $3,500,000 for all claims arising out of a single accident or occurrence and $500,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen’s Compensation Law, Chapter 287, RSMo. No policy will be accepted which excludes liability for damage to underground structures or by reason of blasting, explosion or collapse. Such policy shall not be required if the City of Jefferson is endorsed as an additional insured under the policies described in Sub-paragraphs B and C above and such are not subject to cancellation or modification without thirty (30) days’ notice to the City.

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 Sub-paragraphs A, B, and C hereof and in like amounts.

6. Contractor's Responsibility for Subcontractors.

It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this contract.

Nothing contained in this contract shall create any contractual relations between any subcontractor and the City or between any subcontractors.

7. Liquidated Damages.

The City may deduct Five Hundred Dollars ($500.00) from any amount otherwise due under this contract for every day Contractor fails or refuses to prosecute the work, or any separable part thereof, with such diligence as will ensure the completion by the time above specified, or any extension thereof, or fails to complete the work by such time, as long as the City does not terminate the right of Contractor to proceed. It is further provided that Contractor shall not be charged with liquidated damages because of delays in the completion of the work due to unforeseeable causes beyond Contractor's control and without fault or negligence on Contractor’s part or the part of its agents.

8. Termination.

The City reserves the right to terminate this contract by giving at least five (5) days prior written notice to Contractor, without prejudice to any other rights or remedies of the City should Contractor be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed for Contractor or for any of its property, or if Contractor should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper material, or if Contractor should refuse or fail to make prompt payment to any person supplying labor or materials for the work under the contract, or persistently disregard instructions of the City or fail to observe or perform any provisions of the contract.

9. City's Right to Proceed.

In the event this contract is terminated pursuant to Paragraph 8, then the City may take over the work and prosecute the same to completion, by contract or otherwise, and Contractor and its sureties shall be liable to the City for any costs over the amount of this contract thereby occasioned by the City. In any such case the City may take possession of, and utilize in completing the work, such materials, appliances and structures as may be on the work site and are necessary for completion of the work. The foregoing provisions are in addition to, and not in limitation of, the rights of the City under any other provisions of the contract, city ordinances, and state and federal laws.

10. Indemnity.

To the fullest extent permitted by law, the Contractor 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.

11. Payment for Labor and Materials.

Contractor agrees and binds itself to pay for all labor done and for all the materials used in the construction of the work to be completed pursuant to this contract.

12. Supplies.

Contractor is hereby authorized and directed to utilize the City’s sales tax exemption in the purchase of goods and materials for the project as set out in Section 144.062, RSMo 1986 as amended.

13. Performance and Materialman’s Bonds Required.

Contractor shall provide a bond to the City before work is commenced, and no later than ten (10) days after the execution of this contract, guaranteeing the Contractor's performance of the work bid for, the payment of amounts due to all suppliers of labor and materials, the payment of insurance premiums for workers compensation insurance and all other insurance called for under this contract, and the payment of the prevailing wage rate to all workmen as required by this contract, said bond to be in a form approved by the

City, and to be given by such company or companies as may be acceptable to the City in its sole and absolute discretion. The amount of the bond shall be equal to the contract amount.

14. Knowledge of Local Conditions.

Contractor hereby warrants that it has examined the location of the proposed work and the attached specifications and has fully considered such local conditions in making its bid herein.

15. Severability.

If any section, subsection, sentence, or clause of this contract shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall not affect the legality, validity, or enforceability of the contract as a whole, or of any section, subsection, sentence, clause, or attachment not so adjudged.

16. Governing Law.

The contract shall be governed by the laws of the State of Missouri. The courts of the State of Missouri shall have jurisdiction over any dispute which arises under this contract, and each of the parties shall submit and hereby consents to such courts exercise of jurisdiction. In any successful action by the City to enforce this contract, the City shall be entitled to recover its attorneys’ fees and expenses incurred in such action.

17. Contract Documents.

The contract documents shall consist of the following:

a. This Contract d. Notice to Bidders

b. Addenda e. Signed Copy of Bid

c. Information for Bidders f. Drawing and/or Sketches

This contract and the other documents enumerated in this paragraph, form the contract between the parties.

These documents are as fully a part of the contract as if attached hereto or repeated herein.

18. Complete Understanding, Merger.

Parties agree that this document, including those documents described in the section entitled “Contract Documents”, represent the full and complete understanding of the parties. This contract includes only those goods and services specifically set out. This contract supersedes all prior contracts and understandings between the Contractor and the City.

19. Authorship and Enforcement.

Parties agree that the production of this document was the joint effort of both parties and that the contract should not be construed as having been drafted by either party. In the event that either party shall seek to enforce the terms of this contract through litigation, the prevailing party in such action shall be entitled to receive, in addition to any other relief, its reasonable attorneys’ fees, expenses and costs.

20. Amendments.

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

21. 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.

22. Assignment.

Neither party may sell or assign its rights or responsibilities under the terms of this agreement without the express consent of the remaining party.

23. Nondiscrimination.

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

24. Illegal Immigration.

Prior to commencement of the work:

a. Contractor shall, by sworn affidavit and provision of documentation, affirm its enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services.

b. Contractor shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services.

c. If Contractor is a sole proprietorship, partnership, or limited partnership, Contractor shall provide proof of citizenship or lawful presence of the owner

25. Construction Safety Program Requirements.

a. Contractor shall require all on-site employees to complete the ten-hour safety training program required pursuant to Section 292.675 RSMo., if they have not previously completed the program and have documentation of having done so. All employees working on the project are required to complete the program within sixty (60) days of beginning work on the Project.

b. Any employee found on the worksite subject to this section without documentation of the successful completion of the course required under subsection (a) shall be afforded twenty

(20) days to produce such documentation before being subject to removal from the project.

c. Pursuant to Section 292.675 RSMo., Contractor shall forfeit as a penalty to City Two Thousand Five Hundred Dollars ($2,500.00) plus One Hundred Dollars ($100.00) for each employee employed by Contractor or subcontractor, for each calendar day, or portion thereof, such employee is employed without the required training. The penalty shall not begin to accrue until the time periods in subsections (a.) and (b.) have elapsed. City shall withhold and retain from the amount due Contractor under this Contract, all sums and amounts due and owing City as a result of any violation of this section.

26. 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:

Parks and Recreation Dept 320 East McCarty Street Jefferson City, Missouri 65101

CITY OF JEFFERSON, MISSOURI CONTRACTOR

Director of Parks and Recreation Title:

Date: __________ Date: __________

ATTEST:

Title:

APPROVED AS TO FORM:

City Attorney

EXHIBIT 2 – ANNUAL WAGE ORDER

EXHIBIT 3 – TURF SPECIFICATIONS

EXHIBIT 4 – PLACEHOLDER DESIGN

Legend

Fitground f1. Single Heavy Bag Column f2. Outdoor Pillar Strength Station