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HomeMy Public PortalAboutORD08022 BILL NO. k 1 1 INTRODUCED BY COUNCILMEN: Q ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND THE CLERK OF THE CITY TO EXECUTE A WRITTEN CONTRACT, FOR AND IN THE NAME OF THE CITY, WITH E. G. (DUKE) LINHARDT CONST. CO. , INC. RELATING TO THE IMPROVEMENT OF DUNKLIN STREET BETWEEN ITS INTERSECTIONS WITH MADISON STREET AND JACKSON STREET. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, K: MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk of the City are hereby authorized and directed, for and in the name of the City, to execute a written contract with E. G. (Duke) Linhardt Const. Co. , Inc. relating to the improvement of Dunklin Street between its intersections with Madison Street and Jackson Street. Section 2. Said written contract shall read in words :'. . , and figures as follows: 1VJ� *.. T e�. J t r:r r,F 'l r CONTRACT FOR PUBLIC WORK z THIS CONTRACT, made and entered into this 'day of June, 1968, by and between John G. Christy, President of the City Council of the City of Jefferson, Missouri, a municipal corporation of the third class of the State of Missouri, Party of the First Part, and who acts for and on behalf of the City of Jefferson, and E. G. (Duke) Linhardt Construction Company, Inc. , Party of the Second Part, WITNESSETH: THAT, WHEREAS, the City Council of the City of Jefferson, Missouri, did on the 20th day of May, 1968, award to the Party, of he Second Part, E. G. (Duke) Linhardt Construction Company, Inc. , he contract for the improvement of Dunklin Street from Madison Street to Jackson Street. NOW, THEREFORE, for and in consideration of the awarding of this contract and the work thereunder by said First Party hereto, the City of Jefferson, Missouri, to the Second Party, E. G. (Duke) Linhardt Construction Company, Inc. , the said Second Party 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 therefor monies now in the treasury of the First Party, upon the acceptance of said work by the City Council of said City of Jefferson: Unit Quantity Classification Price Amount 50 Cu. Yds . Rock excavation $ 65.00 $ 3,250.00 2,290.5 Lin. Ft. 30" cement conc. curb & gutter 2.90 6,642.45 903 Sq. Yds . 4" concrete sidewalk 4.90 4,424.70 18 Each Conc. steps (avg. 5 cu.ft. each) 25 .00 450.00 158 Sq. Yds . 6" conc. paved approach & driveway 5.85 924.30 440 Tons Asphalt wearing surface (12") 11.00 4,840.00 1,133 Tons Asphalt base (widening & wedging) 10.00 11, 330.00 1 Lump Sum Removals and excavation 5,600.00 - 51600.00 TOTAL $37,461.45 Upon completion of the work, readjustments in the contract price shall be made according to actual measurements and at the price per ,, nit specified in the contract, but in no event shall the final amount due under the contract exceed the engineer's estimate. M vL. C� °3 -2- NOW, BY THESE PRESENTS, it is agreed and understood by the warties hereto, that this contract is entered into subject to al]. existing ordinances of the City of Jefferson, and charter thereof, pertaining to the work awarded and subject to the plans and specifications and estimates of the costs for such work on file in the office of the City Clerk, and which shall be considered a part and parcel of this contract; that all questions arising as to the proper performance of this contract of such work in accordance with the plans and specifications therefor, and estimate thereof, shall be decided by the Director of Public Works of the City of Jefferson, Missouri, or by such competent 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 of Jefferson reserves the right at any ime to suspend, re-let or order an entire reconstruction of the work; that for failure on the part of the contractor to perform the work within the time agreed upon in this contract, to-wit: Within 50 working days exclusive of bad weather from June 10, 1968; Provided .that the same may be extended for the completion of work by the City Council for good cause shown, but ordinances extending same must be passed prior to the expiration of original time or time as first extended; and the City reserves the right at any time to suspend, re-let or order an entire reconstruction of the work awarded and to declare the contract forfeited; but that such suspension, 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. Am The Second Party 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 Second Party acknowledges that he knows the prevailing hourly rate of wages of all of 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 Determination No. 9808 in which the rates of wages are set forth. The Contractor further agrees, as the Second Party, 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 erformed under the terms of this contract, which record shall show the actual wages paid to each of said workmen in connection { a �ti. -3- with the work to be performed under the terms of this contract, and 'f grees further that the aforementioned accurate record shall be available and open at all reasonable hours for the inspection by the Director of Public Works or any other authorized employee of the City of Jefferson. If the said Contractor shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the City of Jefferson, then the Contractor does hereby agree, as a part consideration for the awarding of this con- tract, to pay the City of Jefferson the amount of Thirty ($30.00) Dollars, not as a penalty but as liquidated damages for such breach of contract, for each and every working day that the Contractor shall be in default after the time stipulated in the contract for completing the work. The Second Party agrees to completely indemnify and hold harm- less the City of Jefferson for any and all damages, injuries, actions, costs, attorneys fees and all other expenses whatsoever, arising out of the performance of said work whether the property or persons damaged are the servants and employees of the Second Party, or third parties in no manner connected with said work. All interlineations, corrections, deletions and changes herein have been made prior to the execution of this contract. IN WITNESS WHEREOF, the parties have. hereunto set their hands 'r and seals this ',?' day of June, 1968. CITY OF JEFFE YON, MISSOURI (By) r E. G. (DUKE) LINHARDT CONST. CO. , INC. (By) 1 _ This contract, executed in duplicate, one copy being deposited in the office of the City Clerk of the City of Jefferson, and the other being retained by the Party of the Second Part. z i,'Y a 4�, Section 3. This ordinance shall take effect and be in force f� from and after its passage and approval. Passed: Approved: Ad Y P esident of the Counc 1 Mayor Attest: City Clerk •iii;; 'cSYiQ4i .. a ' r r:'