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Home My Public Portal AboutORD10225 r BILL NO. INTRODUCTED BY COUNCILMAN ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH J. M. FAHEY CONSTRUCTION COMPANY, FOR THE STREET MAINTENANCE ROTOMILLING PROJECT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized and directed to execute a contract with J. M. Fahey Construction Company for the Street Maintenance Rotomilling Project for the sum of $60, 170 .04 . Section 2 . The contract shall be substantially the same in form and content as that contract attached hereto as Exhibit A. Section 3 . This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed � '"�� Approved d esid ng Officer MAyo r ATTEST: City Clerk CJNIMUr IOU PUBLIC WCAIK pis Contract is made and entered into this _= day of 19 - , by and between the City of Jefferson, Missouri, (City), and J. M. FAHEY CONSTRUCTION COMPANY (Contractor). WWUM, the City Council of the City of Jefferson, Missouri did on the V day of 19 ,-award to the Contractor the bid of the improvement of STREET MAINTENANCE ROTOMILLING PROJECT NOW, RE, for and in consideration of the awarding of this contract and the work thereunder by City to the Contractor, the Contractor does hereby contract and agree to do and perform said work, above specified and referred to, for the following prices and to accept in payment therefore: 1. Monies from the treasury of the City, upon acceptance of said work by the City Council of the City. The approximate quantities, unit prices, and total amounts areas shown in the itemized proposal attached hereto as Exhibit "A". Upon completion of the wnrk, readjustments in the contract price shall be made according to actual measurements and at the price per unit specified in the contract. It is agreed and understood by the parties hereto, that this contract is entered into subject to all existing ordinances of the City pertaining; to the work awarded and subject to the plans and specifications and estimates of the costs for work on file in the office of the City Clerk, and which shall be considered a part of-this contract; that all questions arising as to the proper perfoxnnanee of this contract of such work in accordance with the plans and specifications therefore, and estimates thereof, shall be decided by the Director of Public Works of the City of Jefferson, Missouri, or by such com- petent person appointed by the Mayor and the City Council of the City of Jefferson to supervise and superintend said work in the place of and instead of such Director of Public Works; that in the case of improper construction, the City reserves the right at any time to suspend, relet or order an entire reconstruc- tion of the work; that Contractor agrees to commence work on or before a date to be specified in a Written "Notice to Proceed" and to fully complete the project within _ts;ri-V ( 10) nalenclar days thereafter. The City reserves ® the right at any time to suspend, re-let or order an entire reconstruction of the r. ' work awarded and to declare the contract forfeited, but such suspention, re- letting or reconstruction or forfeiture shall not affect the right of the City to recover all damages and penalties accruing or due it by reason of the Contractor's non-compliance with this contract. Liquidated damages of $100.00 per day will be assessed against the Contractor for each day the work remains incomplete following the completion date-or extension thereof. The Contractor agrees to pay all classes and crafts of labor used in the performance of this contract the prevailing hourly rate of wages as determined by the Department of Labor and Industrial Relations and Contractor acknowledges that he knows the prevailing hour rate of wages for all the classes and crafts of labor to be used in the performance of this contract because he has obtained the prevailing hourly rate, of wages from the contents of Special Wage Determina- tion-No. 4-026-101 in which the rate of wages are set forth. The Contractor further agrees that he will keep an accurate record showing the names and occupation of all workmen employed by them in connection with the work to be performed under the terns of this contract, record shall show the actual wages paid to said workmen in connection with the work to be performed under the terms of this contract. Contractor further agrees that the aforemen- tioned accurate record shall be available and open at all reasonable hours for the inspection by the Director of Public Works or any other suthorized employee of the City. In compliance with 'the Prevailing Wage Law, as amended in Sections 290.210 to 290.340 inclusive, Revised Statutes of Missouri, 1969, effective -October 13, 1969, not less that the prevailing hourly rate of wages in the Jefferson City area shall be paid to all workmen performing work under this contract, Section 290.250. The Contractor, shall forfeit to the City Ten Dollars ($10.00) for each workman employed, for each calendar day, or portion thereof, such workman is paid less that the stipulated rates for any work done under said contract, by him or any subcontractor under him, Section 290.250. Contractor agrees to completely indemiify and hold harmless the City for �• any and all damages, injuries, actions, costs, attorney's fees and all other expenses whatsoever, arising our of the performance of said work whether the property or persons damaged are the servants and employees of the Contractor or third parties, in no manner connected with said work'. All interlineations, corrections, deletions and changes herein have been prior to the execution of this contract. Contractor shall procure and maintain during the life of this contract: a. Worlasnn's Canx_w--ion Insurance for all of its employees to be eng at; in work .,�r this contract, •. b. Contractor's Public Liability Insurance in the amount not less t5Z for all claims arising our of a single occurence and $100,000 for any one person in a single aerident or occur- rence, except for those claims governedl ,by the provisions of the Missouri Worlmm's Compensation Law, Chapter 287, RSMo. , and Contractor's Property Damage Insurance in an amount not less than $800,000 for all claims arising out a single occurrence and $100,000 for any one person in a single accident or occurrence. c. Automobile Liability Insurance in an amount not less than $800,000 for all 'Glaims arising out of a single occurrence and $100,000 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 of Jefferson as the insured in an amount not less than $800,000 for all claims arising our of a single ,.currence and $100,000 for any one person in a single accident or occurrence. NO policy will be accepted which excludes liability for damage to under- ground structures or by reason of blasting, explosion or collapse e. The Certifications of Insurance furhished to the City showing proof of compliance with these insurance requirements shall contain a provision that coverage under such policies shall not be cancelled or materially changes until at least (15) fifteen days prior written notice has been given to the City, IN IVHITNESS WBERDOF, the parties have hereunto set their hands and seals this ` day of 198 . , CITY OF JMMISON, MISSOURI r • Sri✓ _ City Clerk J. M. FAHEY CONSTRUCTION COMPANY ® By ATrWr: 1 PfCPOEAI PUBLIC WORK STREI:T MAINIUMM FtOIO-hIILLIW PRWBCT FOR THE CITY OF JEFFEFLEM gUANTITY rm . UNIT OAST 7WAL 9 5,5 0 8 Square Yard: Cold Milling .!d v Sly (pot 170 ,o's�• DATE: y M. EAF;U:.�r, .,u SUBMITIM BY:**,, Contractor of-I i fV,CE•Presi el�c 4 •The City of Jefferson reserves the right to increase or decrease the iunit quantity or to add additional project at the quoted unit price. ! 1 s