Loading...
HomeMy Public PortalAboutORD08139 BILL NO. INTRODUCED BY COUNCILMEN -S ' ORDINANCE NO. gyla- AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING ' THE MAYOR AND THE CITY CLERK OF THE CITY TO EXECUTE A WRITTEN AGREEMENT WITH STERLING EXCAVATING AND ERECTION, INC., RELATING TO THE IMPROVEMENT OF THE EAST MAIN SEWER (CLAY TILE PORTION) . 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 Sterling Excavat- ing and Erection, Inc. , relating to the improvement of the East Main Sewer (clay tile portion) . SECTION 2. Said agreement shall read in words and figures RP - as follows: (SEE ATTACHED) SECTION 3. This ordinance shall take effect and be in force from and after its passage and approval. n Passed:�� `� .--, Approved r e ident of the Counci M r Attest: City Cl rk . r` t 4a �- ! I �.•.f CONTRACT FOR PUBLIC WORK THIS CONTRACT, made and entered into this =� day of 1969, by and between John G. Christy, President of the City Council f the Cidw of Jefferson, Missouri, a municipal corporation of the third class of thVState of Missouri, Party of the First Part, and who acts for and on behalf of the City of Jefferson, and Sterling Excavation and Erection, Inc. , Party of the Second Part, WITNESSETH: THAT, WHEREAS, the City Council of the City of Jefferson, Missouri, did, on the 7th day of April, 1969, award to the Party of the Second Part, Sterling Excavation and Erection, Inc. , the contract for the im- provement of the East Main Sewer (clay tile portion) . 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, Mir-uri, to the Second Party, Sterling Excavation and Erection, Inc. , the saia Second Party does hereby contract and agree to do and perform J 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 IP a y, upon the acceptance of said work by the City Council of said City of Jefferson. 3 • Quantity Classification Unit Amount Price ! 20 cu. yd. Rock Excavation 30.00 600. 00 1,129 lin . ft. 15" V.C.P. in place 6.45 7,383.66 948 lin. ft. 12" V.C.P. in place 4. 23 4, 010. 04 272 , lin. ft. 8" V.C.P. in place 2 38 647. 36 30 lin. ft. P.C.C. encasement 10.00 300.00 4 each Wyes 34. 80 139.20 a 481 lin. ft. Ditching & backfilling 0'-6 ' . 98 471. 38 170 lin; ft. Ditching & backfilling 6'-8' 1.43 243.10 979 lin. ft. Ditching & backfilling 81•-•10 ' 2. 18 2, 134.22 38 lin. ft. Ditching & backfilling 10 '-12 ' 2.89 398.82 SO lin. ft.. Ditching & backfilling 12 '-14' 3. 90 702.00 1 lump sum Ditching, compacted backfilling, sodding, etc. in Highway R/W i (Sta. 12+44 to Sta. 16+07 and Sta. 18+74 to Sta. 19+10) 4,200.00 1 each Std.- M.H. 0'-611 230.00 230.00 2 each Std. M.H. 61 -8 ' 268.00 536 . 00 6 each Std. M.H. 8 '-10, 329.00 1,974.00' �. 2 each Std. M.H. 10'-12 ' 364.00 728.00 4 each Connection •to existing M.H.. 48.00 192.00 1 each Connection to existing M.H. ' j .; with exterior drop 75.00 75 00 1 each Std. Drop M.H. 14'-16 ' 745.00 745.00 1 lump' sum Removal & replacement of pavement 700.00 @ Miller. St. , Elm St. and inter, section of Miller and Vetter Sts. 1 lump sum Removals and Replacements 435.00 435.00 TOTAL M �`• ,. 3 .. 9 as a part consideration for the awarding of this contract, to pay the City of Jefferson the amount of Fifteen ($15.00) Dollars, not as a penalty but as liquidated damages for such breach of contract, for each and ev 0 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 harmless the City of Jefferson for any and all damages, injuries, actions, costs, t; 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. r ' IN WITNESS OF, the par ti ve,-hex unto set their hands and seals this day of �, 1965. CITY OF JEFF RS ON, SSOURI (By) �. r STER G EXCAVATION AND ERECTION, INC. F: (By) 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. ririj1'{1 ,; . . r, pY , t y t qtr , :r 2 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 ca act 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 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 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 of such work in accordance withthe 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 J rson 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 sixty (60) working 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, re-let or order an entire reconstruction of the work awarded and to declare the contract forfeited; but that such suspension, re-letting or. reconstruc- tion or forfeiture shall not affect the right of the Ci"%-.y to recover all damages and penalties accruing or due it by .reason of the contractor's non-compliance with this contract. in tThe Second Party agrees to pay all classes and crafts of labor used ie performance of this contract the prevailing hourly rate of wages as determined by the Department of Labor and Industrial Relations . 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 withthe 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 w within the time herein specified, or any proper extension thereof g o ed by the City of Jefferson, then the contractor does hereby agree, - 3 - as a part consideration for the awarding of this contract, to pay the City of Jefferson the amount of Fifteen ($15.00) Dollars, not as a penalty b as liquidated damages for such breach of contract, for each and e y working day that the contractor shall be in default after the time stipulated in the contract for completing the work. ss' The Second Party agrees to completely indemnify and hold harmless S' 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 I F, the parti e_h eunto set their hands and seals this day of 1969. CITY OF JEF ERSON, MISSOUR oe (By) STE ,E NG EXCAVATION AND ERECTION, INC. 1 (By) 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. .,t �3r '• 1 `fe 5! i G f. �' � CONTRACT FOR PUBLIC WORi� THIS CONTRACT, made and entered into this /( �' day of , 1969, by and between John G. Christy, President of the City Council f. the C.'. of Jefferson, Missouri, a municipal corporation of the third class of t* tate of Missouri, Party of the First Part, and who acts for and on behalf of the City of Jefferson, and Sterling Excavation and Erection, Inc. , Party of the Second Part, WITNESSETH: f THAT, WHEREAS, the City Council of the City of Jefferson, Missouri, dial, on the 7th day of April, 1969, award to the Party of the Second Part, Sterling Excavation and Erection, Inc. , the contract for the im- provement of the East Main Sewer (clay tile portion) . 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, Sterling Excavation and Erection, 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 upon the acceptance of said work by the City Council of said City of Jefferson . Quantity Classification Unit Amount Price 20 cu. yd. Dock Excavation 30.00 600.00 1,129 lin . ft. 15" V.C.P. in place 6.45 7, 383 .66 948 lin. ft. 12" V.C.P. in place 4. 23 4, 010.04 272 lin. ft. 8" V.C .P. in place 2 . 38 647 .36 30 lin. ft. P.C .C. encasement 10.00 300.00 4 each Wyes 34. 80 139.20 481 lin. ft. Ditching & backfilling 0 '-6 ' . 98 471. 38 170 lin. ft. Ditching & backfilling 6 '-8' 1.43 243.10 979 lin. ft. Ditching & backfilling 8'--10 ' 2 . 18 2, 134.22 138 lin. ft. Ditching & backfilling 10 '-12 ' 2 .89 398.82 ' lin. ft. Ditching & backfilling 12 '-14 ' 3 . 90 702 .00 1 lump sum Ditching, compacted backfilling, sodding, etc. in Highway R/W (Sta. 12+44 to Sta. 16+07 and .: Sta. 184•74 to Sta. 19+10) 4, 200.00 1 each Std. M.H. 0'-6 ' 230.00 230.00 2 each Std. M.H. 6 '-8 ' 268.00 536.00 6 each Std. M.H. 8 '-10' 329.00 1, 974.00 2 each Std. M.H. 10'-12' 364.00 728.00 4 each Connection to existing M.H. 48.00 192.00 Connection to existing M.H. t•;'f. 1 each with exterior drop 75.00 75.00 1 each Std. Drop M.H. 14 '-16 ' 745.00 745.00 1 lump sum Removal & replacement of pavement 700.00 t @ Miller St. , Elm St . and inter- section of Miller and Fetter Sts. lump sum Removals and Replacements 435.00 435.00 t TOTAL t 2 - 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 c lVact 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 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 Director of Public f; 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 of such work in accordance withthe 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 J rson 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 sixty (60) working 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 reee.r.ves 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 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%e performance of this contract the prevailing hourly rate of wages as determined by the Department of Labor and Industrial Relations. 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 withthe 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 g , ted by the City of Jefferson, then the contractor does hereby agree,