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
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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•
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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:
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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
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7. Thickened Sludge Pumps Mono i e'
8. Lime Feeding System Butler
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9. Filtered Sludge Conveyor The Bucket Elevator Co. i
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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
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14. Trickling Filter Distributors Walker Process
15. Trickling Filter Media S urfpa e
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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.
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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
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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
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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.
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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.
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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. !
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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 ($10.00) for .each workman employed, for each calendar
day, or portion thereof , such workman is paid less than the stipulated
rates for any work done under said Contract, by him or any subcontractor
under him, Section 290. 250.
Article 10. THE CONTRACT DOCUMENTS:
The Advertisement, Information for Bidders, General Conditions,
Special Conditions, the Specifications, including Addenda Nos. 1 ,
_2_, XXX , and 3 , the Proposal, the Plans and Bond, together with
this Agreement, form the Contract . The plans on file are as fully a
part of this Contract as if hereto attached.
Sharp Bros . Contracting Co .
(Contractor )
1014 East 19th Street _
(Address)
COUNTE GNED:
KansWCitX , MO 64108
B
e ,) a or Ro bf
er L . Hyder
20 _ast High Street
• Address) i
ATTEST:
• __L.L.1� � ._ Jefferson City, MO 65101
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® PERFORMANCE BOND
Bond 1136-01.20-65-•78
KNOW ALL MEN BY THESE PRESENTS, That we, the undersigned
Sharp Bros. Contracting Co. 1014 East 19th Street, P.O.Box 1346
of Kansas City, Missouri 64108
(hereinafter called the "Principal") , an *�tx��k�rtdux�Ygxpaxitt4s�xS�� RxxRC
corporation, duly authorized by law to do business as a construction i
contractor in the State of Missouri and !
United States Fidelity and Guaranty Company
of Baltimore, Maryland
(hereinafter called the "Surety"), a corporation duly authorized to do a
surety business under the Laws of the State of Pissouri, are held and
firmly bound unto
The City of Jefferson City, Jefferson City, Missouri
(hereinafter called the "Obligee") , in the penal sum of **Two Million Two Hundred*
Ninety-Four Thousand Two Hundred Eighty-Seven** Dollars ($ *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
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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
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