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HomeMy Public PortalAboutORD09082 BILL NO. i INTRODUCED BY COUNCILMAN ORDINANh NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING THE MAYOR AND CLERK OF THE CITY TO EXECUTE A CONTRACT WITH Sharp Brothers Contracting 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 Sharp Brothers Contracting Company for the construction of Am secondary treatment facilities to Water Pollution Control Plant for the sum of $2 ,294 ,287. 00 SECTION 2 . A copy of said contract is attached hereto . SECTION 3. This ordinance shall take effect and be in force from and after its passage and approval. Pass d: Approved: Ze -Pi 79 esident ouncil Ma or ATTEST: City C1e e r CONTRACT AGREEMENT THIS AGREEMENT, made and concluded this 8th day of February 19 78 , by and between Sharp Bros . Contracting Co . _ herein called the "Contractor," and the City of Jefferson, Missouri, hereinafter called the "City." WITNESSETH, THAT, whereas Cite Council of the City of Jefferson by Resolution adopted at a meeting held on January 16 , 19 78 , and by virtue of authority vested in said Council, has awarded to the Contractor thc! 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 for construction of Secondary Treatment, Wacer Pollution Control Plant, to serve the City of Jefferson, Missouri, All construction shall be carried out under inspection by repre- sentatives 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 il.s full completion within live hundred (500) calendar days after receipt of notice to proceed. y' DEDUCTIONS FOR NOT COMPLETING ON TIME . If the concracc work is not fully completed according to the terms of the Contract within cite time limit herein stipulated, subject to such extensions as may be granted as provided for in Article 18 of the "General Conditions," it is al;reed that the Cicy will be damaged thereby. The amount of said damago , exclusive of expense for inspection and surveil- lance, being difficult if not impossible of definite ascertainment, it • is hereby agrer.d that the: amount of su;.h damages, both liquidated and fixed, shall ha estimated and agreed upon in advance, and may are hereby agreed upon in the amount of One hundred Dollars ($100.00) for . each calendar day elapsing betwiien cite expiration of such time 11mit as herein provided for, plus such extension at, may be granted, and the data of full completion, the obligations of cite Bond given by the Contractor, as herein required, shall include tUe payment of the liquidired d.3mages provided for and agreed upon in thiti pz�rabraph• L- 1 Where any deductions from or forfeitures of payment in connection with the work on this Contract, including the adjustment which may be made by the imposition of non-performance liquidated damages resulting from failure of the vacuum filter equipment to meet all the warranted operating conditions, 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 1 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 this Contract subject to any additions or deductions provided therein, the lump sum of ' $ 2.294 . .R7_ nn i Article 4. UNIT PRICES FOR CHANGES: I The following unit prises will apply (unless modified by mutual agreement between the Contractor and the City) in the event additions to or deductions from the work to be performed for the above contract price ® are ordered in writing by the City: Unit Price per Unit 1. Hand Earth Excavation (Dry), C.Y. $ 20. 00 2. Machine Earth Excavation (Dry) C .Y. $ 1, 75 . 3. Hand Earth Excavation (Wet) C.Y. $ 20. 00 4. Machine Earth Excavation (Wet) C.Y. $ 2, 50 5. Formed Concrete (Including Forms) c •y. $ 136. 00 6. Reinforcing Steel lbs. $ 0, 29 7. Off-Site Borrow C .Y. $ 3. 25 Article 5. MAJOR ITEMS OF EQUIPMENT: It is hereby e9pressly agreed .that the Contractor will furnish and install . in full compliance with the Plans and Specifications, the majar items of equipment, as manufactured or supplied by the iollowing listed manufacturers or suppliers: f i I t No. Description Manufacturer or Supplier Primary Clarifier Mechanisms Walker Prncesg 2. Settled Sewage Pumping Units Allis-Chalmers 3. Settled Sewage Pumping Units, Control System General Electric i 4. Primary Clarifier Underflow Pumps Warren-Rupp 5. Secondary Clarifier Mechanisms Walker Process 6. Vacuum Filters and Appurtenances Komline Sanderson t. 7. Thickened Sludge Pumps Mono i e' 8. Lime Feeding System Butler I 9. Filtered Sludge Conveyor The Bucket Elevator Co. i i 10. Secondary Clarifier Scum Pump Allis Chalmers �11. Effluent Water Pumps Allis Chalmers 12. Primary Clarifier Dewatering Pump Allis Chalmers 13. Chlorination Equipment Fisher Porter f' 14. Trickling Filter Distributors Walker Process 15. Trickling Filter Media S urfpa e ZgXXVAXXODXXXkUXXX§<)eNxxx4WAxxxxxxxxxxXxXXXXXXxx XXXXXXXXVVVX 17. Main Outdoor Switchboard Westincihni,gP 18. Motor Control Centers Westinghouse Article 6� PROGRESS SCHEDULE: The Contractor shall submit for approval immediately after execu- tion of the Agreement, a carefully prepared Progress Schedule, showing f, the proposed dates of 'starting and completing each of the various sec- tions of the work, the anticipated monthly payments to become due the Contractor, and the accumulated per cent of progress each month. r Article 7. PAYMENTS TO CONTRACTOR: a. At least ten (10) days before each progress payment falls due (but not more eften than once a month), the Contractor will submit to the Engineer a partial payment estimate filled out and signed by the c-3 i � w f' Contractor covering the work performed during the period covered by the partial payment estimate and supported by such data as the Engineer may reasonably require. If payment is requested on the basis of materials j �nd equipment not incorporated in the work but delivered and suitably stored at or near the site, the partial payment estimate shall also be irr'l I,y r;+cclr ::u;.;l��rr_in,; data, satisfactory to the Owner, as will tns- ...a-s-rIaI and f:;IJIJ::;_- t and protect ilia r ' will, wlct►fn tcrr, (► i,) ,/s ,. t r �e:; t :. e.c:. :,_t.=_ °t __ _:mste, either indicate in writing his approval or payment and present the partial payment estimate to the Owner, or return the partial payment estimate to the Contractor indicating in writing his reasons for refusing l to approve payment. In the latter case, the Contractor may make the i necessary corrections and resubmit the partial payment estimate. The Owner will, within ten (10) days of presentation to him of an approved ;(( partial payment estimate pay the Contractor a progress payment on the basis of the approved partial payment estimate. The Owner shall retain ten per cent (10%) of the amount of each payment until final completion i ' and acceptance of -all work covered by the contract documents. The Owner i at any time, however, after fifty per cent (50%) of the work has been completed, if he finds that satisfactory progress is being made, shall reduce total retainage to five per cent (5%) of payment claimed. When the work is substantially complete (operational or beneficial occupancy), *the retained amount shall be further reduced below five per cent (5%) to only that amount necessary to assure completion. A cash bond or Irre- vocable letter of credit may be accepted in lieu of all or part of the cash retainage when it reaches five per cent (5%) or less. On completion and acceptance of a part of the work on which the price is stated separately in the contract documents, payment may be made in full, including retained percentages, less authorized deductions. Authorized extra work shall be included in these monthly progress payments. The invoice shall be checked and corrected by Elie ingineer prior to sub- mission to the City for payment . b. The request for payment may also include an allowance for the j cost of .such major materials and equipment which are suitably stored either at or near the site. c. Prior to substantial completion, the Owner, with the approval of the Engineer and with the concurrence of the Contractor, may use any completed or substantially completed portions of the work. Such use shall not constitute an acceptance of such portions of the work. d. -The Owner shall have the right to enter the premises for the purpose of doing work not covered by the contract documents This provision shall not be construed as relieving the Contractor vi the sole responsibility for the. tare and protection of the work, or the rebtord- tion of any damaged work except such as may be cdc5ed by agents ar i employees of the Owner . + je. Upon completion and acceptance of the work, the Engineer shall issue a certificate atCached to the final paymenr raquc_t thai. the work has been accepted by him under the condctiuns of the contract d.)Cuments. i C-G 1 i I i : I � •rr The entire balance found to be due the Contractor, including the retained percentages, but except such sums as may be lawfully retained by the Owner, shall be paid to the Contractor within thirty (30) days of com- etion and acceptance of the work. !' f. The Contractor will indemnify and save the Owner or the Owner's I agents harmless from all claims growing out of the lawful demands of j I subcontractors, laborers, workmen, mechanics, macerialmen, and furnishers i of machinery and pirts thereof, equipment, cools, and all supplies, ! Ii incurred in the furtherance of the performance of the work. The Con- + tractor shall, at the Owner 's request; furnish satisfactory evidence that all obligations of the nature designated above have been paid, discharged, or waived. if the Contractor fails to do so, the Owner may, ! after having. notified the Contractor, either pay unpaid bills or with- hold from the Contractor 's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until sat- isfactory evidence is furnished that all liabilities have been fully discharged, whereupon payment to the Contractor shall be resumed, in accordance with the terms of the contract documents, bur in no event shall the provisions of this sentence be construed to impose any obli- gations .upon the Owner to either. the Contractor, his Surety, or any third party. In paying any unpaid bills of the Contractor, any payment so made by the Owner shall. be considered as a payment made under the contract documents by the Owner to the Contractor and the Owner shall of be liable to the Contractor for any such payments made in good aith. j g. if the Owner fails to make payment thirty (30) days after approval by the Engineer, in addition to other remedies available to the Contractor, there shall be added to each such payment interest at the maximum legal rate commencing on the first day after said payment is due i and continuing until the payment is received by the Contractor. I .� Article S. GUARANTEE: ` The Contractor and his Surety hereby expressly guarantee the aforesaid work as to workmatiship and quality of materials used in connection therewith, for a term of one (1) year, commencing on the date of acceptance of the work or imptovements, and binds himself, his suc- cessors 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 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 nonce, then the City shall have the power to i S lause the same co be made and to charge the cOats ther&ol EJ Ebe u.ntractor . othing in this secriOn is intended as a mainteriance guarantee The Contractor and his Surety further agree to the Pertormance r Warranty relating to the vacuum filter equipment as provided tt, the i Specifications. ! y C-5 , 1 Article 9. PREVAILING WAGES: This Contract shall be based upon payment by the Contractor and his subcontractors of wage rates not less than Cite prevailing hourly wage ® rate for each craft or type of workmen engaged on the work. Prevailing wage rates shall he as determined by the United States Dol)artment of Labor and the Industrial Commission of Missouri. In case of conflict, the wages paid by the Contractor shall be not less than the higher of the prevailing wage determinations. In compliancd with the Prevailing Wage Law, as Amended in Sections 290.210 to 290.340 inclusive, Revised Statutes of Missouri , 1969, effec- tive 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 ro the City Ten Dollars ($10.00) for .each workman employed, for each calendar day, or portion thereof , such workman is paid less than the stipulated rates for any work done under said Contract, by him or any subcontractor under him, Section 290. 250. Article 10. THE CONTRACT DOCUMENTS: The Advertisement, Information for Bidders, General Conditions, Special Conditions, the Specifications, including Addenda Nos. 1 , _2_, XXX , and 3 , the Proposal, the Plans and Bond, together with this Agreement, form the Contract . The plans on file are as fully a part of this Contract as if hereto attached. Sharp Bros . Contracting Co . (Contractor ) 1014 East 19th Street _ (Address) COUNTE GNED: KansWCitX , MO 64108 B e ,) a or Ro bf er L . Hyder 20 _ast High Street • Address) i ATTEST: • __L.L.1� � ._ Jefferson City, MO 65101 C-6 i .e ® PERFORMANCE BOND Bond 1136-01.20-65-•78 KNOW ALL MEN BY THESE PRESENTS, That we, the undersigned Sharp Bros. Contracting Co. 1014 East 19th Street, P.O.Box 1346 of Kansas City, Missouri 64108 (hereinafter called the "Principal") , an *�tx��k�rtdux�Ygxpaxitt4s�xS�� RxxRC corporation, duly authorized by law to do business as a construction i contractor in the State of Missouri and ! United States Fidelity and Guaranty Company of Baltimore, Maryland (hereinafter called the "Surety"), a corporation duly authorized to do a surety business under the Laws of the State of Pissouri, are held and firmly bound unto The City of Jefferson City, Jefferson City, Missouri (hereinafter called the "Obligee") , in the penal sum of **Two Million Two Hundred* Ninety-Four Thousand Two Hundred Eighty-Seven** Dollars ($ *2,294.287.60** lawful money of the United States, for the payment of which well and truly to be made unto said.Obligee, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, as follows: The conditions of this obligation are such that, whereas on the 8th day of .Feb . , 1978 , the said Principal entered into a written agreement, which agreement is hereby made a part hereof, with said Obligee for the construction of 6.2 r1GD Secondary Treatment, [Dater. Pollution Cont U. 1 Plant for the City of Jefferson City, Missouri r. located at Jefferson City, Missouri • NOW, THEREFORE, if the said Principal shall faithfully and properly perform the foregoing Contract according to all the terms thereof, and shall as soon as the work contemplated by said Contract is completed, pay to the proper parties, all amounts cue for material, lubricants, oil, Ir * Scratch out the inapplicable desig-:ation. gasoline, grain, hay, food, coal and coke, repairs on machinery, groceries and foodstuffs, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums, both compensation, and all other kinds of insurance, on said work, and for all labor performed j in such work whether by subcontractor or otherwise, then this obligation to be void, otherwise to remain in full force and effect, and may be sued on for his use and benefit by any person furnishing materials or performing labor, either as an individual or as a subcontractor for any contractor J in the name of said Obligee. The said Surety for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of this agreement or to the work to be performed thereunder, or the Specifications accompanying the same, shall in any wise affect its obligation ( on this bond, and it does hereby waive notice of any such change, extension 1 of time, alteration or addition to the terms of the agreement or to the work or to the Specifications. IN TESTIMONY WHEREOF, the perties hereunto have caused the execution hereof in 4 original counterparts as of the 8th day of February , 1978. . Sharp Bros. Contracting Co. (Princi al) 7 J (Title) Atte ' United ates Fidelity and Quaranty CQmp ny (Sure ) By V Cary F. H,mbright, At orney-in-Fact Linda D. Welty - Surety Secr tary PB-2