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HomeMy Public PortalAboutORD08066 BILL NO. _ (, INTRODUCED BY COUNCILMENW ORDINANCE NO. t7 G.G. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND THE CITY CLERK OF THE CITY TO EXECUTE A WRITTEN AGREE- MENT WITH ROY A. SCHEPERLE CONSTRUCTION CO. , RELATING TO THE CONSTRUCTION OF SEWERS WITHIN SEWER DISTRICT #113. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: SECTION 1. The Mayor and the Clerk of the City are hereby authorized to execute a written agreement with Roy A. Scheperle Construction Co. , relating to the construction of sewers within Sewer District #113. SECTION 2. Said agreement shall read in words and figures as follows: (SEE ATTACHED) SECTION 3. This ordinance shall take effect and be in force from and after its passage and approval. C) Passed: o Approved. � P i en o t e Counc6iA. Mayo Attest: City C rk i i I CONTRACT FOR PUBLIC WORK THIS CONTRACT, made and entered into this day of 196 by and between John G. Christy, President of the City Council of the Ci 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 Roy A. Scheperle Construction Co. , Party of the Second Part, WITNESSETH: THAT, WHEREAS, the City Council of the City of Jefferson, Missouri, did, on the 7th day of October, 1968, award to the Party of the Second Part, Roy A. Scheperle Construction Co. , the contract for construction of sewers in Sewer District #113. 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, Roy A. Scheperle Construction Co. , the said Second Party does hereby contract and agree to do and perform AWk saW work, above specified and referred to, for the following prices and to accept in payment therefor special tax bills to be issued by the City of Jefferson aforesaid against the real estate subject to the payment for said improvement as provided by law, upon the acceptance of said work by the City Council of the said City of Jefferson. Unit Quantity Classification Price Amount 15 Cu. Yds . Rock excavation $ 25 .00 $ 375.00 657 .4 Lin. Ft. Sewer pipe, 8" V,C.P. 2.25 1479.15 632.3 Lin. Ft. Ditching & bzckfill, 0'-6' 1.50 948.60 25.0 Lin. Ft. Ditching & backfill, 6'-8' 1.75 43.75 4 Each Standard manholes 175.00 700.00 5 Each 4" on 8" V.C.P. wyes 12.00 60.00 2 Lin. Ft. Portland cement cone. encasement 6.00 120.00 Lump Sum Removals and replacements 500.00 500.00 1 Lump Sum Connect to existing manhole 50.00 50.00 Advertising 75 .00 75_00 SUB-TOTAL 4351.50 Plus 2% engineering fee 87.03 TOTAL $4438.53 Upon completion of the work, readjustments in the contract price shall be made according to actual measurements and at the price per unit specified in the contract, but in no event shall the final amount due under the contract exceed the engineer's estimate. NOW, BY THESE PRESENTS, it is agreed and understood by the parties hereto, that this contract is entered into subject to all existing onces of the City of Jefferson, and charter thereof, pertaining to ��za t work awarded and subject to the plans and specifications and estimates . 2 of the costs for such work on file in the office of the Director of Public Works, and which shall be considered a part and parcel of this contract; that all questions arising as to the proper performance of this contract joe o uch work in accordance with the plans and specifications therefor, and mate 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 time 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 thirty (30) calendar days from issuance of a Notice to Proceed; 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, r Ojet or order an entire reconstruction of -the work awarded and to declare th contract forfeited; but that such suspension, re-letting or reconstruc- tion 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. 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 per- formance of this contract because he has obtained the prevailing hourly rate of wages from the contents of Special Wage Determination No. 10618 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 performed under the terms of this contract, which record shall show the actual. wages paid to each of said workmen in connection with the work to be performed under the terms of this contract, and agrees 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, a part consideration for the awarding of this contract, to pay the - 3 City of Jefferson the amount of Ten ($10.00) Dollars, not as a penalty but as liquidated damages for such breach of contract, for each and every calendar day that the contractor shall be in default after the tio stipulated in the contract for completing the work. The Second Party agrees to completely indemnify and hold harmless 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 REOF, the ve hereunto set their hands and seals this day of 1968. CITY OTVE-F-FEfSON, S I ROY A. SCHEPERLE CONSTRUCTION CO., INC. (BY) j2 it 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.