Contract_Template.doc

AGREEMENT

for bid title bid number

This Agreement (the “Contract”) is made this day of 2026, by and between the City of Florissant, Florissant, Missouri (“City”) and ("Contractor") .

Article 1, The Contract Documents: The Contract Documents consist of (i) this Contract Agreement, (ii) the General Conditions, (iii) the Special Conditions, (iv) the Specifications as written by the City, (v) the Drawings and Plans (vi) all Addenda issued prior to execution of this Contract, (vii) the Contractor’s completed Bid, but not the Contractor’s proposed terms and conditions included therewith, (viii) any written clarifications or interpretations issued by the City, and all written modifications, change orders, field directives, and amendments issued after execution of this Contract. These are as fully a part of the Contract as if attached to this Agreement and fully set out herein. These Contract Documents are intended to be complementary and construed in harmony. In the event of a conflict or inconsistency among the Contract Documents, the order of precedence shall be as listed above, unless otherwise specified in the Contract.

Article 2, Statement of Work: The Contractor shall provide all labor, tools, equipment, materials, supplies, transportation, testing and lawful disposal necessary for and incidental to the performance of all work (the “Work”) outlined in the Contract Documents.

Article 3, Statement of Consideration: As full compensation for performance of the Contract, City agrees to pay Contractor the firm fixed price of .

Article 4, Payment: All invoices shall be submitted to accountspayable@ florissantmo.com. Each invoice shall be submitted with the job title and bid number as it appears on the cover of the specifications and clearly marked as an Invoice. Said invoices shall be due and payable within thirty (30) days following written approval by the director of Public Works or Parks and Recreation (“Director”). At the option of the City, all cash discounts will be taken, within specified days following Director's approval.

Article 5, Time of Performance: The Contractor may begin its Work within days after receipt of Notice to Proceed the Contractor shall, diligently perform and substantially complete all the Work on or before , and punch list items under the Contract, complete within a reasonable time thereafter, the City and the Contractor shall jointly inspect the Work and prepare a punch list of items that remain to be completed or corrected. Final Completion, including completion of all punch list items, shall occur no later than work-days following preparation of the punch list.

Article 6, Authorized Personnel: The Contractor shall designate a representative fully authorized to act for the Contractor in receiving and carrying out all instructions, addenda and/or change orders as may be issued by the Director or their designee.

Name of Representative

Article 7, Hold Harmless Agreement: The Contractor shall indemnify, defend, and hold harmless the City and its agents, consultants, and employees (the “Indemnittees”) from and against all claims, loss, damage, cost, charges or expenses, including but not limited to attorneys’ fees, arising out of, relating to, or resulting from the performance of the Work, any breach of this Contract by Contractor, and any negligent act or omission by Contractor or any of its subcontractor and suppliers. This indemnification requirement is binding on the Contractor, to the fullest extent permitted by law, regardless of whether any or all of the persons and entities indemnified hereunder are responsible in part for the claims, damages, losses or expenses for which the Contractor is obligated to provide indemnification. This indemnification provision does not negate, abridge or reduce any other rights or obligations of the persons and entities described herein with respect to indemnity.

The Contractor hereby covenants to assume the defense thereof and to pay any and all costs, charges, attorney's fees and other expenses and any and all judgments that may be incurred by or obtained against the City.

Article 8, Termination:

The Contract may be terminated by the City upon not less than seven (7) days written notice in the event that the Work described herein is abandoned or in the event that the Contractor, in the sole judgment of the City, fails to adequately perform in accordance with the terms of the Contract. Should the City terminate its Contract with the Contractor, or any part thereof, the Contractor shall immediately stop the Work, follow the City’s instructions regarding shutdown and termination procedures, and mitigate all costs. Contractor shall be entitled to payment for Work properly performed. In no event shall Contractor be entitled to payment for uncompleted Work.

Article 9, Insurance: The Contractor warrants and represents that it will provide an adequate certificate of insurance and that the insurance company providing such insurance is authorized to do business in the State of Missouri and that the insurance company has the financial stability to satisfy its obligations.

The Contractor agrees to furnish a certificate of insurance to the City, without any endorsements and in the sum of not less than $1,000,000.00, which certificate names the City as an additional insured under its terms so as to indemnify the City from any liability that the Contractor has agreed to hold the City harmless from as set out herein.

Article 10, Employment of Unauthorized Workers Prohibited

(a) Contractor agrees to comply with Missouri Revised Statute section 285.530.l in that it shall not knowingly employ, hire for employment, or continue to employ an unauthorized worker to perform work within the State of Missouri.

(b) As a condition for the award of the Contract, the 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. The Contractor shall also sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized worker in connection with the contracted services.

(c) Contractor shall require each subcontractor to affirmatively state in its contract with Contractor that the subcontractor shall not knowingly employ, hire for employment or continue to employ an unauthorized worker to perform work within the state of Missouri and shall not henceforth do so. Alternatively, the Contractor shall require each subcontractor to provide Contractor with a sworn affidavit under the penalty of perjury attesting to the fact that the subcontractor’s employees are lawfully present in the United States.

Article 11, Construction Safety Program Requirements

(a) Contractor shall provide a ten-hour Occupational Safety and Health Administration (OSHA) construction safety program for its employees performing the Work. The program shall include a course in construction safety and health 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. All employees working on the project are required to complete the program within sixty (60) days of beginning work on the construction project.

(b) Any worker found on the worksite subject to this section without documentation of the successful completion of the course required under subsection (a) shall be afforded 20 days to produce such documentation before being subject to removal from the project.

(c) Contractor shall require all onsite employees of any subcontractors to complete the ten-hour training program required under subsection (a).

(d) Pursuant to Sec. 272.675 RSMo, Contractor shall forfeit as a penalty to the City $2,500.00 plus $100.00 for each employee employed by the 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. The City shall withhold and retain from the amount due the Contractor under the Contract, all sums and amounts due and owing City as a result of any violation of this section.

In Witness whereof, the parties hereto have caused this instrument to be executed the date and year first above written:

CITY:

CONTRACTOR:

CITY OF FLORISSANT, MISSOURI

Timothy J. Lowery, Mayor

ATTEST:

ATTEST:

Savanna Burton, City Clerk

APPROVED BY:

Director -5-