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HomeMy Public PortalAboutORD08817 •E 1: �t BILL NO. i� INTRODUCED BY COUNCILMAN ANIL 1p ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING THE MAYOR AND CLERK OF THE CITY TO EXECUTE A CONTRACT WITH �i Cole Construction Company BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, 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 Cole Construction Company for the Community Development Landscaping Pilot Project for the sum of; $45 ,666. 00 I SECTI" . A copy of said contract is attached hereto. ® SEA--ffON 3. This ordinance shall take eff,act and be in for 'from and after its passage and approval. Passed : Approved : r r Pre ident of ;h ouncil a or Attest : Al City C1 rk I� CONTRACT FOR PUBLIC WORK THIS CONTRACT, made and entered into this 6-2 .7 LL day of 19_ 7e, _, by and between Robert L. Hyder , 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 Jeffer- son, and Cole Construction Company , Party of the Second Part , WITNESSETH: THAT, WHEREAS, the City Council of the City of Jefferson, Missouri , did on the I � day of f- 1 %. , 19 , award to the Party of the Second Part, Cole Construction Company the contract for the Community Development Landscaping Pilot Project. 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, Cole Construction Company , the said Second Party does hereby contract end agree to do and perform said work, above specified and referred to, for the following prices and to accept in payment therefore monies as provided for in the Community Development Program of the First Party, upon the acceptance of said work by the City Council of the said City of Jefferson. UNIT QUANTITY CLASSIFICATION PRICE AMOUNT Base Bid $45 ,666. 00 ELECTRICAL WORK AND FIXTURES For deleting all work required to provide electrical service , conduit , wiring, switch- ing, light fixtures for parking lot island & parking lot screen wall . . . . . . . . . DEDUCT 3 , 700. 00 Additions or deletions of landscaping items shall be based on the following unit prices AM 73 Cranberry Cotoneaster 24-30" Height $ Spread 19. 55 1 ,427. 15 209 Baltic Ivy 3" Pot . 71 148. 39 237 Blue Rug Juniper 24-30" Spread 22 . 34 5,294. 58 4 London Plane Tree 4-11-5" Caliper 419. 00 1 ,676. 00 21 Lalandi Firethorn 42-45" Height & Spread 24. 44 513. 24 112 Boston Ivy 3" Pot . 71 79. 52 3 Northern Red Oak 4-h- 5" Caliper 559. 00 1 ,677. 00 14 Little Leaf Linden 4-h- 5" Caliper 419. 00 5 ,866. 00 7 Leatherleaf Viburnum 23. 05 161. 35 4-5 r Plant List for Lafayette Street 12 Norway Maple 3-3'Y" Caliper 391 . 00 40692. 00 ;;yyqq1��ti"d 2 - Upon completion of the work , readjustments in the contract price shall be made according to actual measurements and at the price per unit qW pecified in the contract, NOW, BY THESE PRESENTS, it is agreed and understood by the parties hereto , that this contract is entered into subject to all existing ordi- nances of the City of Jefferson pertaining to the work awarded and sub- ject 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 con- sidered a part and panel 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 estimates 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 fight at any time to suspend, re-let or order an entire reconstruction 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 on or before June 1 , 1976. 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 sus- pension, 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. 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 for all the classes and crafts of labor to be used in the perfor- 4Wof this contract because he has obtained the prevailing hourly rate of wages from the contents of Special Wage Determination No. 115088A._ and in Federal Wage Decision No. M075-4146 , in which the rate of wages are set forth. Also all requirements pertaining to Equal. Opportunity Requirements must be met in accordance with Executive Order 11246 and as amended in Executive Order 11375. 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 afore- mentioned accurate record shall be available and open at all reasonable hours for the inspection by the Director of Public Works or any other 6 uthorized employee of the City of Jefferson , Missouri. In compliance ith the Prevailing Wage Law, as Amended in Sections 290. 210 to 290. 340 3 - inclusive , Revised Statutes of Missouri , 1969 , effective October 130 1969 , not less than the prevailing hourly rate of wages in the Jefferson ity area shall be paid to all workmen performing work under this con- ract , 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 than the stipulated rates for any work done under said contract, by him or any subcontractor under him. Section 290. 250. 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 WHEREOF, the parties have hereunto set their hands and eals this -7 day of 2)1- , 19 74- CITY OF JEFFERSON, MISSOURI r� (By COLE C UCTION COMPANY (By) G This contract, executed in duplicate, one copy being deposited in the office of the City Clerk of the City of Jefferson, and the other Aft eing retained by the party of the Second Part. • i CONTRACT FOR PUBLIC WORK THIS CONTRACT , made and entered into this 29th day of March, 1976 , by and between the Housing Authority of the City of Jefferson , Missouri , (the Community Development Agency designated by the City Council of the City of Jefferson, Missouri) , Party of the First Part , and who acts for and on behalf of the City of Jefferson, and Cole Construction Company_, Party of the Second Part , WITNESSETH : THAT , WHEREAS , the City Council of the City of Jefferson, Missouri , did on the 16th day of February, 1976 , award to the Party of the Second Part , Cole Construction Company the contract for the Community Development Landscaping Pilot Project. NOW, THEREFORE , for and in consideration of the awarding of this contract and the work thereunder by said First Party hereto , - the Housing Authority of the City of Jefferson, Missouri , to the Second Party, Cole Construction Company, 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 therefore monies as provided for in the Community Development Program of the First Party, upon the acceptance of said work by the City Council of the said City of Jefferson. UNIT QUANTITY CLASSIFICATION PRICE AMOUNT Base Bid $45,666.00 ELECTRICAL WORK AND FIXTURES For deleting all work required to provide electrical service, conduit, wiring, switch- ing, light fixtures for parking lot island & parking lot screen wall . . . . . . . . . . DEDUCT 3,700.00 Additions or deletions of landscaping items shall be based on the following unit prices 73 Cranberry Cotoneaster 24-30" Height & Spread 19.55 1,427.15 209 Baltic Ivy 3" Pot .71 148.39 237 Blue Rug Juniper 24-30" Spread 22.34 5,294.58 4 London Plane Tree 4-' -5" Caliper 419.00 1,676.00 -2- UNIT QUANTITY CLASSIFICATION PRICE AMOUNT 21 Lalandi Firethorn 42-45" Height & Spread 24.44 513.24 112 Boston Ivy 3" Pot .71 79.52 3 Northern Red Oak 4-11-5" Caliper 559.00 1,677.00 14 Little Leaf Linden 4-31-5" Caliper 419.00 5,866.00 7 Leatherleaf Viburnum 4-5' 23.05 161.35 Plant List for Lafayette Street 12 Norway Maple 3-3V Caliper 391.00 4,692.00 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. 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 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 therefore , and estimates 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 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 on or before June 1, 19.76 . 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 ' e -3- 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 for all 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 . 115088A, and in the Federal Wage Decision No. M075-4146 , in which the rate of wages are set forth . Also all requirements pertaining to Equal Opportunity Requirements must be met in accordance with Executive Order 11246 and as amended ® in Executive Order 11375 . 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 , Missouri. 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 thereof , such workman is paid less than the stipulated rates for any work done under said contract, by him or any subcontractor under him. Section 290. 250. The Second Party agrees to completely indemnify and hold harmless the Housing Authority of the City of Jefferson and the City of -4- 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 of 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 and seals this 29th day of March, 1976 . HOUSING AUTHORITY OF THE CITY OF JEFFERSON, MISSOURI seal: (BY). ze a,I A CHAIRMA COLE CONSTRUCTION COMPANY ( BY �! r This contract , executed in triplicate, one copy being deposited in the office of the City Clerk of the City of Jefferson, one being retained by the Housing Authority of the City of Jefferson, and the other being retained by the party of the Second Part. NOTICE TO PROCEED CONSTRUCTION AND SITE IMPROVEMENTS Cole Construction Company, Inc. 1 721 Wicker Lane Jefferson City, Missouri This is your Notice to Proceed m March 29, 1976 with the Construction and Site Improvements of the Pilot Beautification Project 1975 Community Development_, in accordance with Contract executed on March 29, 1976 between Cole Construction Company, Inc. (Firm Name) and the Community Development Agency of the City of Jefferson, Missouri. All Work within the construction area under the conditions of the Contract are released to you. Construction and Site Improvements must begin with seven (7) days from the date of this Notice. Please acknowledge receipt of this Notice to Proceed as provided belcxv and return a signed copy to the Community Development Agency of the City of Jefferson, Missouri, No. 10 Jackson Street, Jefferson City, Missouri. Community Development Agency of the City of Jefferson City, Missouri DATE_ ` B r—� Executi irector The above executed Contract and Notice to Proceed were received on�AN 19 6 (Firm Name) BY A