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HomeMy Public PortalAboutORD08269 BILL N0. LL O INTRODUCED BY COUNCILMEN ORDINANCE NO. 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 STERLING EXCAVATING AND ERECTION, INC. RELATING TO THE CONSTRUCTION OF MOREAU RIVER-TANNER BRIDGE ROAD SANITARY SEWER PROJECT AND SEWER DISTRICT #115. 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 Excavating and Erection, Inc. , relating to the construction of Moreau River- Tanner Bridge Road Sanitary Sewer Project and Sewer District #115. 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. Passed; / Approved: U j P�ident of the CouncilV / yor • tom. Attest : it Cle i ,i CONTRACT AGREEMENT THIS AGREEMENT, made and concluded this day of 1970, by and between Sterling Excavating & Erection, Inc. hereinafter called the "Contractor," and the City of Jefferson, Missouri, hereinafter called the "City." WITNESSETH, THAT, whereas the Council of the City of Jefferson by Resolution adopted at a meeting held on _ 19 and by virtue of authority vested in said Council, has awarded to the Con- tractor the work of performing certain construction. NOW, THEREFORE, the Contractor and the City, for the consideration hereinafter named, agree as follows: Article 1. SCOPE OF THE WORK: The Contractor shall furnish all materials, tools, equipment, labor, and everything necessary to perform, and shall perform, in accordance with the plans, specifications and terms of this Contract, the work of constructing a Subtrunk Sewer Project (Moreau River - Tanner Bridge Road) to serve the City of Jefferson, Missouri. All construction shall be carried out under inspection by representatives of the Owner. Article 2. TIME OF COMPLETION: Construction work must begin within ten (10) days after written notice to do so shall have been given to the Contractor and shall be carried on at a rate to secure its full completion within two hundred seventy (270) calendar days after receipt of notice to proceed. DEDUCTIONS FOR NOT COMPLETING ON TIME If the contract work is not fully completed according to the terms of the Contract within the time limit herein stipulated, subject to such exten- sions as may be granted as provided for in Article 19 of the "General Conditions," it is agreed that the City will be damaged thereby. The amount of said damages, exclusive of expense for inspection and superintendence, being difficult if not impossible of definite ascertainment, it is hereby agreed that the amount of such damages, both liquidated and fixed, shall be estimated and agreed upon in advance, and they are hereby agreed upon in the C-1 amount of Fifty Dollars ($50.00) for each calendar day elapsing between the expiration of such time limit as herein provided for, plus such extensions as may be granted, and the date of full completion. The obligations of the Bond given by the Contractor, as herein required, shall include the payment of the liquidated damages provided for and agreed upon in this paragraph. Where any deductions from or forfeitures of payment in connection with the work on this Contract are duly and properly declared or imposed against the Contractor, in accordance with the terms of this Contract, State laws or ordinances of the City, the total amount thereof may be withheld from any money whatsoever due or to become due the Contractor under the Contract, and when deducted shall be deemed and taken as payment in such amount. Article 3. CONTRACT PRICE: The City shall pay to the Contractor for the performance of the work the amounts determined for the total number of each of the following units of work completed at the unit price stated thereafter. The final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. Item Unit No. Pay Item Unit Bid Price 1. Trench Excavation, Class A C.Y. $_ 29.50 2. Trench Excavation, Class B C.Y. $ 4.60 3. In Place 6-Inch V.C. Pipe l.f. $ 2.80 4. In Place 8-Inch V.C. Pipe l.f. 5. In Place 10-Inch V.C. Pipe l.f. $ 4.45 6. In Place 12-Inch V.C. Pipe l.f. $_ 5.60 7. In Place 15-Inch V.C. Pipe l.f. $ 6.75 8. In Place 6-Inch C.T. Pipe l.f. 9. In Place 8-Inch C.I. Pipe l.f. $ 6.65 10. 6-Inch on 8-Inch Wye Junction each $ 18.00 11. 6-Inch on 10-Inch Wye Junction each $ 22.00 12. 6-Inch on 12-Inch Wye Junction each $ 27.00 13. Manholes, Complete in Place, Depth Less than 6 Feet each $ 312.00 C-2 Item Unit No. Pay Item Unit Bid Price 14. Manholes, Complete in Place, Depth Over 6 Feet to 8 Feet each $�352.00 15. Manholes, Complete in Place, Depth Over 8 Feet to 10 Feet each $ 395.00 16. Manholes, Complete in Place, Depth Over 10 Feet to 12 Feet each $ 445.00 17. Manholes, Complete in Place, Depth Over 12 Feet to 14 Feet each $ 540.00 18. Inside C.I. Drop in Manhole each $ 450.00 19. 6-Inch Pipe Stub in Manhole each $ 35.00 20. 8-Inch Pipe Stub in Manhole each $ 45.00 21. 15-Inch Pipe Stub in Manhole each $ 75.00 22. Lamp Hole each $_150.00 23. Crushed Rock for Subgrade Replacement C.Y. L-1-.9-5 24. Granular Backfil.l C.Y. $��6.90 25. Lumber Ordered Left in Trench MFBM L250100 26. Class B Concrete C.Y. $__46.00 27. Class C Concrete C.Y. $--3-5-00 28. Breaking into Existing Manhole place $ 165.00 29. Restoration of Asphaltic Pavement s.y. $_ 8.95 30. Removal and Replacement of Concrete Curb s.y. $ 8.00 31. Pumping Station, Complete in Place lump sum $161 097.60 Article 4. PROGRESS PAYMENTS: Progress payments will be made for all work performed with the exception of that located in the Sewer District. On not later than the fifth day of every month, the Contractor shall present to the Engineer an invoice covering the total quantities under each C-3 Y item of work that has been completed from the start of the job up to and including the last day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items, together with such supporting evidence as may be required by the. Engineer. This invoice shall also include an allowance for the cost of such material. required in the permanent work as has been delivered to the site, as evidenced by copies of paid invoices, but not as yet incorporated in the work. Measurements of units for payment shall be made in accordance with the specifications. Authorized extra work shall be included in these monthly progress pay- The invoice shall be checked and. corrected by the Engineer prior to submission to the City for payment. When the rate of the work shall be satisfactory to the Engineer and it shall appear that all claims for labor and material shall have been paid by the Contractor, then or before the fifteenth (15th) day of each month, the City shall pay the Contractor ninety per cent (90%) of the value of all work performed plus the cost of material stored on the site, prior to the first day of said month, less the aggregate of previous payments. Article 5. WORK IN SEWER .DISTRICT. NO. 115: The sewers included in Sewer District No, 115 are. as follows: Subtrunk Outlet - from existing Manhole 119 on the Moreau River Sewer, Station 0+00 to and including Manhole 13.59, Station 7+36.45 Lateral A - from Manhole 1156, Station 1+71.1, to and including Manhole 1157, Station 14 -96:,6. Lateral B - from Manhole 1160, Station 9+45 to and including Manhole 1163, Station 14.1-96.6. Lateral C - from Manhole 1163, Station 0+00 to and including Menhole!1167, Station 124-90.3. Lateral D - from Manhole 1102A, Station 5+35 on Trunk A of the Moreau River Sewer, Station 0+00 to and including Lamphole 1216, Station 4+25.0. Article 60. GUARANTEE: The Contractor and his Surety hereby expressly guarantee the afore- said work as to workmanship and quality of materials used in connection therewith, for a term of one (1) year, commencing on the date of accep- tance of the work or improvements, and binds himself, his successors or assigns, to make all replacements which may become necessary within that time due to nonconformity with the specifications. Whenever notified by the City that said replacements are required, the Contractor shall, at C-4 'n once, make the same as directed, and at his own expense. If the Contractor does not proceed with such replacements within five (5) days of receipt of written notice, then the City shall have the power to cause the same to be made and to charge the costs thereof to the Contractor. Nothing in this section is intended as a maintenance guarantee. Article 7. ACCEPTANCE..AND.. FINAL PAYMENT: a. Work Under Bond. Issue. When the work provided for under. this Con- tract, done under the Bond Issue, has been fully completed in accordance with the terms hereof, a final estimate showing the amount of such work shall be prepared by the Engineer and filed with the City Clerk and with the Contractor within thirty (30) days. after the date of completion.. The final estimate shall be accompanied by a certificate of acceptance issued by the Engineer, stating that the work has been fully completed to his satis- faction in substantial compliance with the Contract,, From the final payment shall be retained all moneys expended by the City according to the- terms of this Contract, and thereunder chargeable to the Contractor, all moneys payable to the City as liquidated damages, and all deductions provided by the Contract, State Laws or ordinances of the City. b. Work- in Sewer District No. 115. Upon completion of such District, the same. shall be thoroughly inspected and tested and if the same shall be found to be in full compliance with all the terms and provisions specified in- the contracting ordinance therefor, the City Engineer shall so report to the City Council and thereupon the Council shall assess by ordinance the contract price of said sewer as a special tax upon all the lots and pieces of land without regard to improvements within the Sewer District and appor- tion the same against the respective lots therein in proportion to the whole District exclusive of public highways. Thereupon the City Clerk shall issue certified special tax bills each in the name of the respective owners thereof, against each of the lots and tracts of land so assessed in the proper amount and cause them to be signed by the Mayor, and when so signed shall deliver them to. the. Contractor in payment for the work. Said tax bills shall be under the seal of the City and shall be regarded and released by the City Clerk in the same manner and under the same provisions as is provided .by the ordinance. for the recording and. releasing of special tax bills for streat improvements. Said tax bills shall be. collected in the manner provided by law, but in no event ,shall the City be liable for any part of the principal sum. expressed in said tax bill nor interest thereon, nor costs or expense in the collection thereof, nor shall the City be. liable as guarantor of the validity of said tax bills nor liable for any work or material in the con- struction of sewer. Tax bill to be a lien -- Every such certified tax bill shall be a lien against the lot or tract of land described therein, and shall bear interest at the rate of eight per cent (8%) per annum from thirty (30) days after the issue thereof, unless sooner offered to be paid, and each such tax bill in C-5 any action brought to recover the amount thereof shall be prima facie evidence of the validity of the charges against the property therein described and of the liability of the person therein named as the owner of such property. Article 8. PREVAILING WAGES: 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 than 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 k thereof, such workman is paid less than the stipulated rates for any work_ r done under said contract, by him or any subcontractor under him. Section 290.250. Article 9. THE CONTRACT DOCUMENTS: The Advertisement, Information for Bidders, General Conditions, Special Conditions, the Specifications, including Addenda Nos. , — , and �, the Proposal, the Plans and Bond, together with this Agreement, form the Contract. The plans on file are as fully a part of this Contract as if hereto attached. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in four (4) original counterparts as of the day and year first above written. / 'Coo/itra for =re � COUNTERSIGNED: 62 [a, ' e By ATTEST: C-6