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HomeMy Public PortalAboutORD06800 ti ORDINANCE NO. 6800 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY CLERK OF THE CITY OF JEFFERSON, MISSOURI, TO ENTER INTO A CONTRACT WITH HUNTER BROS. CONSTRUCTION COMPANY RELATING TO THE CONSTRUCTION OF � ROADWAY LEADING INTO THE MEMORIAL AIRPORT OF JEFFERSON CITY, MISS FROM OLD U. S. HIGHWAY 54 AND TO THE CONSTRUCTION OF A RAMP FOR AIRPLANES ON SAID MEMORIAL AIRPORT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOUFI9 AS FOLLOWS. Section 1. The mayor and the city clerk of the City of Jefferson, Missouri are hereby authorized and directed, for and on behalf of the City, to execute a contract with the Hunter Bros. Construction Company. of Jefferson City, Cole County, Missouri, relating to the construction and improvement of a new access road to the Memorial Airport of Jefferson City, Missouri, from Old Highway 54 North in Callaway County, Missouri, and for the construction of a ramp for airplanes on said Memorial Airport. Section 2. Said contract shall read and provide in words and figures as follows: PUBLIC IMPROVEMENT CONTRACT THIS AGREEMENT, made and entered into this 30 day of September, 1959, by and between the City of Jefferson, Missouri, a municipal corporation, acting through its Mayor with the consent of the City Council, party of the first part, hereinafter called the "CITY" , and Hunter Bros. Construction Company, of Jefferson City, Cole County, Missouri, party of the Second Part, hereinafter called the "CONTRACTOR"Y W I T N E S S E T H WHEREAS, The City, through its City Council, has caused to be prepared specifications, plans and other contract documents for the construction of a new entrance road between old U.S. Highway 54 in Callaway County, Missouri and the airport terminal area of the Memorial Airport of Jefferson City, Missouri, consisting generally of the construction of 1640 feet of roadway of an overall width of 40 feet, with a 24 foot wide surfaced roadway of stone base and asphalt surface, and for the construction of an aircraft ramp of an area of 70 feet by 50 feet with an asphaltic concrete surface, and WHEREAS, The Contractor has submitted to the City in the nner and at the time specified a sealed proposal in accordance with the terms of this contract, and WHEREAS, The City has determined that the bid of the Contractor is the lowest and best bid for the above described work, and has duly awarded to the Contractor a contract therefor for the sum or sums hereafter specified within this proposal and contract, and de a part of this contract; NOW THEREFORE, the parties to this agreement, in consideration of the compensation to be paid the Contractor and of the mutual covenants herein contained, have agreed and hereby agree, as follows : WORK TO BE DONE: ARTICLE I. That the Contractor shall, in a good and .first class workmanlike manner and at his own cost and expense, furnish all of he materials, labor and equipment necessary to complete the work of grading to an overall width of 40 feet, with a 24 foot wide surfaced roadway of stone base and asphalt surface for an overall length of 1640 feet the entrance road from old U.S. Highway 54 in r 01' r+ A. 7 Callaway County Co the Airport Terminal Building on the Jefferson City Memorial Airport, and to grade an area 70 feet by 50 feet, lay a rock base with asphaltic concrete surface, an airport ramp on said manorial Airport as the place designated on the plans on file in the office of the City Clerk, together with any incidental work necessary to complete the above within a time as set forth herein- after, all as set forth in the plans, specifications add this contract. ARTICLE I A. This contract is made on the following estimated quantities as listed and final payment will be made on the actual quantities furnished and completed at the bid unit prices. The Contractor shall be permitted to complete the rock base and asphalts surfacing of the roadway in the spring of 1960 when favorable weathe and working conditions prevail. Monthly estimates will be paid on work completed provided the estimate exceeds $500.00 or more. The work to be performed and the unit price to be charged, said work based on the estimates of the Engineer of the City, are as follows: Seven (7) inch compacted rock base, 4374 sq.yards @ $1.38 yd. $69036 .12 Two (2) inch hot mix asphaltic concrete, 4,374 sq. yds. @ $1.60 yd. 6,998 40 3,000 cubic yards, excavation, compacted @ .50t yd. 19500 00 3,280 linear feet of shoulder ditching @ .204 per linear ft. 656 , 00 Remove and reset 240 linear ft. of fencing @ $1.00 per ft. 240* .00 14 linear feet of 24 inch drain tile extension @ $4.55 per ft. 9150 Concrete headwall to culvert extension - lump sum 60000 40 linear feet of 15 inch C.M. pipe installed @ $3.95 per ft. 158 .00 1-70 foot by 50 foot approach ramp to hanger with 7 inch compacted rock base and 2 inch thick asphaltic concrete surface, being 389 sq. yds. at $3.50 per sq. yd. 1,36U50 50 TOTAL 179101 72 CONTRACT DOCUMENTS. ARTICLE. II. That it is expressly understood and agreed that an Advertisement, Instructions to Bidders, Proposal, Contract Stipulations and General and Detail Specifications hereto attached, and the plans and drawings therein referred to and other drawings and specifications, which may be furnished by - the Contractor and ap- �rpved bu tje City and such other additional drawings which may be furnished by the Engineer from time to tirae as are necessary to make clear and to define in greater detail, the intent of the specifica- tions and plans, are each and all -included in this contract. CONTRACT DOCUMENTS TO GOVERN WORK. ARTICLE III: That the work shall be done fully in accord- ance with this Contract, the Proposal, plans and specifications, which are made a part hereof. VERBAL STATEMENTS NOT BINDING. ARTICLE IV: It is understood and agreed that the written erms .and provisions of this Agreement shall supercede all prior verbal statements of the City, Engineer or other representatives of he City, and such statements shall not be effective or be construed as entering into or forming a part of, or altering in any wise what- oever the written agreement. EFINITIONS. ARTICLE V: That whenever any work or expressions defined in this Article,- or pronoun used in its stead, occurs in these- con- tract documents, it shall have and is mutually understood to havi' t e meaning herein given. 1. "Contract" or "Contract Documents" shall include all of the documents and plans enumerated in Article II, together with the contract bond. j 2. "City" or words "Party of the First Part" shall mean the corporation of Jefferson City, Missouri, acting through its proper officers. 3. "Engineer" shall mean the City Engineer or his duly authorized agents, such agents acting severally within the scope of the particular duties entrusted to them. 4. "Inspector" shall mean the engineering or technical in- spector or inspectors duly authorized by the Engineer, limited to the particular duties intrusted to him or them. 5. "Contractor" or the words "Party of the Second Part" shall mean the party entering into contract for the performance of the work covered by this contract and his duly authorized agents or legal representatives. 6. "Date of Signing the Contract," or words equivalent thereto, shall mean the date upon which this contract;. executed by the Contractor is signed by the City. 7. "Day" or "Days," unless herein otherwise expressly defined, shall mean a calendar day or days of twenty-four hours eac . 8. "The Work" shall mean the work to be done and the equip- ment, supplies, and materials to be furnished under this contract, unless some other meaning is indicated by the context. 9; "The Plans" shall mean and include all drawings which y have been prepared by the Engineer as a basis for proposals, all drawings submitted by the successful bidder with his proposal and by the Contractor to the City, if and when approved by the Engineer; arid all drawings submitted by the City to the Contractor during the progress of the work, as provided for herein. 10. Whenever in these contract documents the words "as order- ed," "as directed," " as required," "as permitted," "as allowed," o words or phrases of like import are used, it shall be understood th t the order, direction, requirement, permission, or allowance of the City and Engineer is intended. 11. Similarly the words "Approved," "Reasonable," "suitable," "Acceptable," "Properly," "Satisfactory," or words of like effect a d import, unless otherwise particularly specified herein, shall mean approved, reasonable, suitable, acceptable, proper, or satisfactory in th6 judgement of the City and Engineer. TITLES AND SUBHEADINGS. ARTICLE VI: The titles or subheadings used in this contract and on the contract plans and drawings and in the specifications, a nderstood to be for convenience of reference only, and shall -not be taken or considered as being a part thereof, or as having any bears on the interpretation thereof. COPIES OF CONTRACT. ARTICLE VII: This contract shall be signed in triplicate, one copy shall be filed with the City, one copy shall be delivered to the Contractor, and one copy to the Engineer. SCOPE, NATURE AND INTENT OF CONTRACT, SPECIFICATIONS AND PLANS. ARTICLE VIII: The said specifications and plans are intended to supplement, but not necessarily duplicate each other, and togeth constitute one complete set of specifications and plans, so that an work exhibited in the one and not in the other, shall be executed ust as if it had been set forth in both, in order that the work shall be completed according to the complete design or designs as decided and determined by The City Engineer. Should anything be omitted from the specifications and plans which is necessary to a clear understanding of the work, or should it appear various in- structions are in conflict, then the Contractor shall secure wcitte w instructions from the Engineer before proceeding with the construct-; ion affected by such omissions or discrepancies. It is understood and agreed that the work shall be performed and completed according to the true spirit, meaning, and intent, of the contract, specifica- tions and plans. FIGURED DIMENSIONS TO GOVERN. ARTICLE IX: Figured dimensions when given on the plans, shall be accurately followed, even though they differ from scaled measurements. No work shown on the plans, the dimensions of which re not figured, shall be executed, until instructions have been obtained from the Engineer as to dimensions to be used. Large. scale and full size drawings shall be followed in preference to small scal drawings. CONTRACTOR TO CHECK PLANS AND SCHEDULES. ARTICLE X: The Contractor. is required to check all dimen- sions and quantities on the plans and schedules given to him by the ngineer and shall notify the Engineer of any discrepancy between thp. lens and the conditions on the ground or any error or omission in lans or in the layout as given by stakes, points, or instructions, ich he may discover in the course of the work. The Contractor will of be allowed to take advantage of any error or omission in the pla s r contract documents, as full instructions will be furnished by the ngineer should such error or omission be discovered, and the ontractor shall carry out such instructions as if originally spec- fied. RAWINGS TO BE FURNISHED BY CONTRACTOR. ARTICLE XI: 1. The Contractor shall supply such working drawings and drawings of devices to be furnished under this contract as are called for herein or are required by the Engineer, to make Lear the details of construction and of devices. Unless otherwise erein specified, such drawings shall be submitted to the Engineer or his approval upon their request. Should any drawings furnished y the Contractor not be approved by the Engineer, the Contractor hall make the revisions required and again submit them to the ngineer for approval. After due approval by the Engineer, these rawings shall become a part of this contract and the work shall be ., lone in conformity therewith. No such work shall be begun or evices purchased until the drawings covering it or them have been pproved. 2. The approval by the Engineer of any drawing or any method of work proposed by the Contractor shall not relieve the Con- tactor of any of his responsibility for any errors therein, and hall not be regarded as any assumption of risk or liability by the ity or any officer or employee thereof, and the Contractor shall ave no claim under this contract on account of the failure or in- Efficiency of any plan or method so approved. Such approval shall e considered to mean merely that the Engineer has no objection to he Contractor's using, upon his own full responsibility, the plan o method the Contractor proposes. ONTRACTOR TO FURNISH STAKES AND HELP. ARTICLE XII: The Contractor shall furnish without charge competent meW:from his force and such tools, stakes, and other mater- ials as the Engineer may require for the proper staking out of the ork, and in making measurements and surveys and in establishing emporary or permanent reference marks in connection with said work. INES AND GRADES. ARTICLE XIII: All work done under this contract shall be done o the lines and grades shown on the plans. The Contractor shall keep the Engineer informed, a reasonable time in advance, of the tiules Land places at which he wished to do work, in order that lines and grades may be furnished and necessary measurements for record and p - nt may be made with the minimum of inconvenience to the Engineer hand of delay to the Contractor. ;WORK DONE WITHOUT LINES OR GRADES. ARTICLE XIV: Any owrk done without lines, grades, or levels being given by the Engineer, or done without the supervision of an Inspector or other representative of the Engineers may be ordered - moved and replaced at the Contractor' s cost and expense. PRESERVATION OF MONUMENTS AND STAKES. ARTICLE XV: The Contractor shall carefully preserve all monuments, bench marks, reference points, and stakes, and in case of willful or careless destruction of the same, he will be charged wit the resulting expense of replacement, and shall be responsible for any mistakes or loss of time that may be caused by their unnecessar loss or disturbance. In the event that the stakes and marks placed by the Engineer are destroyed through carelessness on the part of t e Contractor, and that the destruction of these stakes and marks causes a delay in the work, the Contractor shall have no claim for damages or extensions of time. In the case of any permanent munuments or bench marks which must of necessity be removed or disturbed in the onstruction of the work, the Contractor shall. carefully protect an preserve the same until they can be properly referenced for reloca- tion. The Contractor shall also furnish at his own expense such materials and assistance as are necessary for the proper replacement lof monuments or bench marks that have been moved or destroyed. LEGAL ADDRESS OF CONTRACTOR. ARTICLE XVI: Both the business adress of the Contractor, given in the bid or proposal upon which this Contract is founded, and the Contractor' s office in the vicinity of the work, are hereby des - nated as the places to which all notices, letters, and other communica- tions to the Contractor may be mailed or delivered. The delivering at either of the above named addresses, or depositing in any mail-box regularly maintained by the post office, of any notice, letter, or other communication to the Contractor, shall be deemed sufficient s vice thereof upon the Contractor, and the date of said service shal be the date of such delivery or mailing. Such addresses may be cha - ed at any time by an instrument in writing, executed by the Contrac r and presented and delivered to the Engineer and to the City. Nothi jherein contained shall be deemed to preclude or render inoperative t e Iservice of any notice, letter, or communication upon the Contractor personally. CONTRACTOR' S OFFICE AT THE WaK. ARTICLE XVII: During the performance of this Contract the I�Contractor shall maintain a suitable office at the site of the work which shall be the headquarters of a representative authorized to re- ceive drawings, instructions, or other communications or articles from the City or its Agents; and any such communication given-to the said representative or delivered at the Contractor's office at the site of the work in his absence shall be deemed to have been given the Contractor. RESPONSIBILITY OF CONTRACTOR: ARTICLE XVIII: The Contractor shall furnish all transporta- tion, ways, works, machinery, and plant, and all suitable appliance requisite for the execution of this contract and shall be solely answerable for the same and -for the safe, proper, and lawful constrlfct - r ion, maintenance, and use thereof. He shall cover and protect his work from damage; and all injury to the same, before the completion and acceptance of this contract, shall be made good by him; and he shall be solely answerable for all damage to the City, or its proper y, to other contractors, or other employees of the City, to the neighbo - ing premises, or to any private or personal property, due to improp® , illegal, or negligent conduct of himself or his sub-contractors, em- ployees or agents in and about the said work, or in the execution of the work covered by this Contract, or any extra work undertaken as herein provided, or to any defect in, or the improper use of, any scaffolding, shoring, apparatus, ways, works, machinery, or plant. He shall indemnify and save harmless the City and its officers and agents from all claims relating to labor and materials furnished for the work. It is further agreed that all royalties for patents or patent infringements claims that might be involved in the construct- ion or use of the work, shall be included in the contract amount and the Contractor shall satisfy all demands that nay be made at any timp for such and shall be liable for any damages or claims for patent in fringements; and the Contractor shall, at his own expense, defend an and all suits or proceedings that may be instituted against the City for infringements or alleged infringements of any patent or patents involved in the work, and in case of an award of damages, the said Contractor shall pay such award; final payment to the Contractor by . the City, will not be made while any such suits or claims remain un- settled. The Contractor' s responsibility shall not extend to patent- ed processes made necessary by the Engineer' s design, or to patented equipment specified herein by trade name or name of manufacturer. INDEPENDENT CONTRACTOR. ARTICLE XIX: The right of general supervision of the City shall not make the Contractor an agent of the City, and the liabilit+ of the Contractor foal all damages to persons, firms and corporations arising from the Contractor' s execution of the work, shall not be lessened because of such general supervision; but as to all such per sons, firms and corporations and the damages, if any, to them or their property, the Contractor herein is an independent Contractor, in respect to the work. MATIONS WITH OTHER CONTRACTORS. ARTICLE XX. 1. The Contractor shall cooperate with all other contractors who may be performing work in behalf of the City and workment:who may be employed by the City on any work in the vicin - ity of the work to be done under this contract and he shall so con- duct his operations as to interfere to the least possible extent wit the work of such contractors or workmen. He shall promptly make goo , at his own expense, any injury or damage that may be sustained by other contractors or employees of the City at his hands. , -Any differ - ence or conflict which may arise between the Contravtor and other contractors, or between the Contractor and the workmen of the City i regard to their work shall be adjusted and determined by the Engines:. If the work of the Contractor is delayed because of any acts or omissions of any other contractor, or the City, the Contractor shall on that account have no claim against the City other than for an ex- tension of time. 2. When two or more contracts are being executed at one time in such manner that work on one contract may interfere with that on another, the Engineer shall decide which Contractor shall cease work and which shall continue, or whether the work on.both contracts shall progress at the same time and in what manner. 8. When the territory on one contract is the necessary or convenient means of access for the transportation or movement of men materials, or appliances, for the execution of another contract, suc privilege of access or any other reasonable privilege may be grante by the Engineer to the Contractor so desiring to the extent and amount, in the manner and at the time permitted. DEFENSE OF SUITS. ( I' ARTICLE XXI: In case of any action at law or suit in equity Iis brought against the City or any of its officers or agents for or on account of the failure, omission or neglect of the Contractor or 'his sub-contractors or their employees or agents, to do and perform any of the covenants, acts, matters, or things by this Contract and - �taken to be done or performed by the Contractor or his sub-contract "s or his or their employees or agents, or for any injury or damage cat - e&.-by the negligence or alleged negligence of the Contractor or his sub-contractors or his or their employees or agents, the Contractor shall indemnify and save harmless the City, its officers and agents of and from all losses, costs, damages, expenses, judgments, or decrees whatever arising out of such actions or suits as may be brotgh as aforesaid. METHODS OF OPERATION. ARTICLE XXII: The Contractor shall give to the Engineer full information in advance, as to his plans for carrying on any part of the work. If at any time before the beginning or during the progre s of the work, any part of the Contractor' s plant, or equipment, or ar of his methods of executing the work, appear to the Engineer to be safe, inefficient, or inadequate to insure the required quality or rate of progress of the work, they may order the Contractor to increas or improve his facilities or methods, and the Contractor shall prompt- ly comply with such orders; but -neither compliance with such orders nor failure of the Engineer to issue such orders shall relieve the Contractor from his obligation to secure the degree of safety, the quality of work, and the rate of progress required by this Contract The Contractor alone shall be responsible for the safety, adequacy, and efficiency of his plant, equipment, and methods. SUGGESTIONS TO CONTRACTOR ADOPTED AT HIS OWN RISK. ARTICLE XXIII: Any plan or method of work suggested by the Engineer to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor; and the Engineer and the City shall assume no responsibility therefor. PROTECTION OF PUBLIC UTILITIES. ARTICLE XXIV: 1. The Contractor shall give reasonable notice of the owner or owners of steam, gas, water, sewers, or othe pipe lines or conduits, overhead wires or other structures, either public or private, steam railroads and street railways, and other own- era of property when such property is liable to injury or damage by reason of the execution of the work, in order that the owner or own ,, era of such utility or other property may remove or protect the same . 2. If any such steam railroad or street railway company, or other owner or owners of any property liable to be affected, endanger- ed or damaged by the construction of this work, does not protect heir property, then the Contractor must do so. The Contractor shall receive no compensation over the unit and lump sum prices specified in the proposal for the completion of this contract, which prices shall cover every item of additional cost for all the material and labor necessary to support, protect, or remove such tracks, pipes, conduits, overhead wires and structures, and other improvements, du ing the construction of said work across, under, over, along, or ne the same. 3. The Contractor shall use every precaution.on the work to prevent harm or accident to the property, passengers or employees of public utilities, either publicly or privately owned, and to any ott r person legitimately employed on the premises; and the Contractor shill assume all liability for damages accruing from any accident, which r y be due to his carelessness, omission or neglect; he shall prosecute the work under and along and near such property as may be liable to damage thereby, as rapidly as possible when once the work is begun. i 4. All permits and licenses required in the prosecution of any and all parts of the work shall be secured and paid for by the Contractor. S. The Contractor shall satisfactorily shore, support, and protect any and all pipes, sewers, and other structures belonging to the City, and hhall be responsible for any damage resulting thereto. The Contractor shall not be entitled to any damages or extra pay on account of any postponement, interference, or delay caused by any such structures being on the line of the work, whether such structur s are shown on the plans or not. SUPERVISION AND INSPECTION. ARTICLE XXV: 1. The Engineer, inspectors, agents, and other employees, who are to supervise in said first party's interest, the materials furnished and the work done, as the work progresses, shall have unrestricted access to all parts of the work and to other place at and in which the preparation of the materials and other parts of the work to be done under this contract are carried on and conducted and the Contractor shall give all facilities and assistance.required , to carry out their work of supervision and inspection. 2. Inspectors and other properly authorized representatives of the City and The Engineer at all times shall be free to perform their duties, and intimidation or attempted intimidation of any one f them by the Contractor or by any of his employees shall be sufficien reason, if the City so derides, to annul the contract, as provided i Article XXXVI of this Contract. 3. The Engineer shall have authority to reject any work or material, or any part thereof, which does not, in their opinion, con form to the.plans, specifications, and contract, and it shall be admissible for them to do so at any time during the progress of the work and until its acceptance. 4. Such inspection shall not relieve the Contractor from any obligation to perform said work strictly in accordance with the plans and specifications or any modifications thereof as herein pro- vided, and work not so constructed shall be removed and made good by the Contractor at his own expense, and free of all expense to the City, whenever so ordered by the Engineer without reference to any previous oversight or error in inspection. DUTIES AND POWERS OF INSPECTORS. ARTICLE XXVI: Properly authorized inspectors shall be con- sidered to be the representatives of the Engineer, limited to the duties and powers instructed to them. It shall be their duty to in- spect the materials and workmanship of those portions of the work to ich they are assigned, either individually or collectively, under instructions of the Engineer and to report any and all deviations from the plans, specifications, and other contract provisions which : y come to their notice. Any inspector shall be considered to have the right to order the work intrusted to his supervision stopped, if in his opinion such action becomes necessary, until the Engineer is notified, and they have determined and ordered that the work shall proceed in due fulfillment of all contract requirements.:; ENGINEER TO DECIDE. ARTICLE XXVII: All work done under this Contract shall be done in .a first class workmanlike manner, and done to the satisfact- ion of the Engineer who shall have general supervision of all work included hereunder. The Engineer shall in all cases determine the amount, quality, acceptability, and fitness of the several kinds of work and materials herein specified. They shall decide all question ich may arise as to the fulfillment of the terms of the Contract b the Contractor, or as to the intent or purpose of the Contract, and their decidion on any question that may arise, shall be final and co - clusive as to both parties to this Contract, and their approval of ;the work shall be a condition precedent to the final settlement and (ipayment of any amount which may be due the Contractor. IiNO WAIVER OF RIGHTS. ( ARTICLE XXVIII: Neither the inspection by the City or Engineer for any of their employees, nor any order by the City for payment of money, nor any payment for, or acceptance of the whole or any pa t of the work by the City or Engineer, nor any extension of time, nor any possession taken by the City or its employees, shall operate as waiver of any provision of this contract, or of any power herein res r ved to the City, or any right to damages herein provided, nor shall any waiver of any breach in this Contract be held to be a waiver of any other or subsequent breach. ORDERS TO FOREMEN. ARTICLE XXIX: Whenever the Contractor is not present on any part of the work where it may be desired to give directions, orders may be given by the Engineer or his representatives and shall be re- ceived and obeyed by the superintendent or foreman who may have cha age of the particular part of the work in reference to which orders are given. EXTRA WORK. ARTICLE XXX: The Contractor shall do any other work not herein otherwise provided for and which may be found necessary in order to carry out and complete more fully the work herein agreed to be done and performed, when and as ordered in writing by the Engineer or his authorized agents, with the approval of the City; a d the Contractor hereby agrees to accept as full compensation for such extra work the actual costs of the work as determined by the Engine , plus twenty per cent (20%) of such cost. In computing such actual cost, no interest, rent, or depreciation of plant, or services of a general superintendent or administrative force shall be included. Such expense for superintendence, administration, interest, rent, depreciation, general expenses of plant, and contingencies shall be included in said allowance of twenty per cent (20%) which allowance shall also include all profit. The Contractor shall, on or before the twenty-fifty day of the month succeeding that in which any extr ork shall have been performed, file with the Engineer an account giving the itemized cost of such extra work, and shall give the Engineer access to all accounts, bills and vouchers relating there- to. No extra work will be paid for unless specifically ordered as such in writing as aforesaid. No order for extra work, at any time or place, shall in any manneror to any extent relieve the Contract- or of any of his obligations under this Contract. EXTRA WORK A PART OF CONTRACT. ARTICLE XXXI: If extra work orders are given in Accordance with the provisions of this Contract, such work shall be considered a part hereof and subject to each and all of its terms and require- ents. MODIFICATIONS AND ALTERATIONS. ARTICLE XXXII: Said Contractor agrees that the City shall have the right, when in its opinion it becomes necessary, in the I Iprosecution of the work, to modify the arrangement, character, grade,,, �or size of the work or appurtenances, but such modifications or alt e' - !ations shall only be made by the order of the City, and such order 'shall be of no effect until the price to be paid for the work or i�material under such modified or altered contract, in the case of wo ' knot covered by the unit prices bid, has been agreed upon in writing and signed by the Contractor and said City and said Contractor sha1 � not be allowed to recover anything for work performed or materials 77J.. used by reason of any modification or alteration of this contract, ;unless an order is made and agreement signed as aforesaid; nor shall. said Contractor in any case be allowed to recover more for such work and materials than said agreed price. ARBITRATION. I ARTICLE XXXIII: It is agreed that in the event that said City shall have ordered an alteration or modification of the within Contract and said City and the Contractor cannot agree upon the pric to be paid for the work or materials under such altered or modified contract, or when the said parties are unable to agree on an inter- pretation of the intent of any clause of this Contract involving tima or financial considerations, they shall thereupon submit the matter to arbitration, the City choosing one arbitrator, the Contractor one, !and the two thus chosen to select the third; and the award of such arbitrators or a majority of them, including assessment of their fee and expenses, shall be made in writing and entered upon the minutes 1i of said City, and when so entered shall be binding on the parties I thereto. And it is expressly understood and agreed that in case of !� any alteractions or modifications, so much of this agreement as is not necessarily affected by such alterations and modifications, shall remain in full force and effect upon the parties thereto. And. the parties hereto agree not to claim or bring suit for any damages or for any claims whatsoever under or growing out of this contract un- less said suit is preceded, by at least thirty (30) days, by a writ- ten offer to arbitrate as herein provided. The right of the first party to forfeit this Contract as herein elsewhere provided shall no be affected or denied under this clause. The Contractor shall not cause a delay of the work during any arbitration proceedings, except by agreement with the City. It is expressly understood that nothing in this article shall be taken as curtailing the power of the Engine r to determine the amount, quality, and acceptability of work and mate:- ials as stated in Article XXVII. PROVISION FOR EMERGENCIES. ARTICLE XF.XIV: Whenever, in the opinion of the Engineer, the Contractor has not taken sufficient precaution for the safety of the public or the protection of the work to be constructed under this Contract, or of adjacent structures or property which may be injured by processes of construction on account of such neglect, and wheneve' , in the opinion of theEngineer, an emergency shall arise and immediatg action shall be considered necessary in order to protect public or private, personal property interests, then, and in that event, the Engineer, with or without notice to the .Contractor, may provide suit able protection to the said interests by causing such work to be one and material to be furnished and placed as the Engineer may consider necessary and adequate. The cost and expense of such work , and material so furnished shall be borne by the Contractor, and if j he same shall not be paid on presentation of the bills therefor, hen such costs shall be deducted from any amounts due or to become due the -Contractor. The performance of such emergency work under he direction of the Engineer shall in no way relieve the Contractors f responsibility for damages which may occur during or after such recaution has been duly taken by the Engineer. III SSIGNMENT AND SUB-LETTING OF CONTRACT. ARTICLE XXXV: The Contractor agrees that he will not assign or sub-let the work or any part thereof, without the previous ) itten consent of the City, attached to this Contract, and will noti ssign, by power of attorney or otherwise, any of the moneys payable ', nder this Contract, unless by and with the like consent of the City ! o be signified in like manner; that no right under this Contract, or to any money due or to become due hereunder shall be asserted .in ny manner against said first party or persons acting under it, by i 1ireason of any sa-called assignment of this Contract, or any part ;!thereof, unless usch assignment shall have been authorized by the ,written consent of the City. Should any sub-contractor fail to per Pform in a satisfactory manner the work undertaken by him, such sub- .;contract shall be immediately terminated by the Contractor upon ;notice from the City. iSUSPENSION AND ANNULMENT OF CONTRACT. I i ARTICLE XXXVI: If the work to be done under this Contract shal abandoned by the Contractor, or if this Contract shall be ;assigned, or the work sublet by him, otherwise than as herein spec- lified, or if at any time the Engineer shall be of the opinion, and Ii,shall so certify in writing to the City that the performance of this contract is unnecessarily delayed, or that the Contractor is wilfully violating any of the conditions or covenants of this Contract, or of the specifications, or is executing the same in bad faith or not in accordance with the terms of said contract, or if the work be not fully completed within the time named in this contract for its com- pletion, or within the time to which the completion of this contracti may be extended, the City may notify the Contractor to discontinue all work, or any part thereof, under this Contract, by a written no- tice served upon the Contractor in the manner provided in this Con- tract for serving notices; the Contractor shall have five days afte receiving such notice in which to resume the work under this Contra or correct the errors and matters complained of in the written report by the Engineer to the City; and if such Contractor does not resume the work, or correct and remedy the matters complained of within five days from the time of receiving such written notice thereof, then the City be and it is hereby empowered to suspend or annul this Contract, or to suspend the doing of any work hereunder; ,and any action of the City in annulling or suspending this Contract or the suspending of any part of the work hereunder, and its decisi as to the existence of the cause for such annulment or suspension, shall be conclusive as to the existence of such cause or reason in any controversy or litigation between the City and the Contractor ard those claiming under the Contractor and the bondsmen of the Contract- or. If this Contract be so annulled or suspended, the Contractor shall not be entitled- to anything on account of damages thereby, no• shall such annulment or suspension in any wise affect the right of the City to damages claimed by it on account of the failure of the Contracto ; but such annulment must be ratified by the City before being of any force or effect. Upon the confirmation of such annulment by the Cit , the City may take over the plant, tools, machinery and materials of the Contractor and complete the work, or the City may relet the work to be finished to another Contractor. In the end, and upon fir, 1 settlement, the City shall ascertain and determine the amount of wo actually performed by such defaulting Contractor under this Contract, and he shall be paid for only such work as the City shall determine he has actually performed, after deducting all costs, expenses and damages which the City may have suffered, sustained or paid by reason of such default; and the defaulting Contractor' s bondsmen herein shall be held responsible for the completion of the work and shall pay all costs, expenses and damages suffered or incurred by the City on account of such default of the Contractor. LAWS AND ORDINANCES. ARTICLE XXXVII: The Contractor shall keep himself fully in- formed of all existing and current ordinances and regulations of th ►,'i City, County, and State, and National .Laws in any way limiting or c - ' trolling the actions or operations of those engaged upon the work, ,affecting the materials supplied to or by them. He shall at all t �s observe and comply with, and shall cause all his agents and employee,S to observe and comply with all ordinances, laws and regulations, an shall protect and indemnify the City and its officers and agents `against any claims or liability arising from or based on any violation f the same. SANITARY REGULATIONS. i ARTICLE XXXVIII: 1. In general, the operations of the Con- tractor shall be in full conformity with all of the rules and regula, tions of boards and bodies having jurisdiction with respect to sani-I Cation. 2. Necessary housing accomodations shall be provided for the workmen for changing clothes and for protection during inclement weather. The necessary sanitary conveniences for the use of the laborers on the work, properly obscured from public vision, shall be constructed and maintained by the Contractor in such manner and at such points as shall be approved by the Engineer and their use shall be strictly enforced. The collections in the same shall be removed when and where in the opinion of the Engineer it becomes advisable. 3. The Contractor shall supply safe and sufficient drinking . water to all of his employees. The Contractor shall obey and enforc all other sanitary regulations and orders, and shall take precaution against infectious diseases and the spread of same, and shall main- . tain at all times satisfactory sanitary conditions around all shant- ies, tool and supply house, and on all other parts of the work. LOCAL LABOR AND DISMISSAL OF UNSATISFACTORY EMPLOYEES. ARTICLE XXXIX: The Contractor shall employ only men who are competent and skillful in their respective lines of work, and local, labor shall be given preference. Whenever the Engineer shall notify the Contractor that any man on the work is, in their opinion, incom- petent, unfaithful, or disorderly, or refuses to carry out the pro- visions of this Contract, or uses threatening or abusive language to any person representing the City, on the work, or is otherwise un- satisfactory, such man shall be immediately discharged from the work and shall not be re-employed thereon except with the consent of the Engineer. SUNDAY, HOLIDAY AND NIGHT WORK. ARTICLE XL: 1. No work shall be done between the hours of 6:00 P.M. and 8:00 A.M., nor on Sundays or legal holidays, except, such work as is necessary for the proper care and protection of work already performed, or in case of an emergency, and in any case only th the permission of the Engineer. 2. It is understood, however, that night work may be estab- lished as a regular procedure by the Contractor if he first obtains the written permission of the Engineer, and that such permission may be revoked at any time by the Engineer if the Contractor fails to maintain at night adequate. force and equipment for reasonable prosec ution and supervision of the work. BEGINNING OF WORK, PROGRESS AND TIME OF COMPLETION. ARTICLE XLI: The Contractor shall commence work within thirty (30) days after the signing of this Contract by the City; and the rate of progress shall be such that the work shall have been completed in accordance with the terms of this Contract, on or befor the date of completion named in the proposal, barring time lost whic is provided for in Article LII hereof. The Contractor, upon the signing of the contract, may be required to furnish the Engineer a tentative schedule setting forth in detail the procedure he proposes to follow, and giving the dates on which he expects to start and to complete separate portions of the work. If at any time, in the opinion of the Engineer, proper progress is not being maintained, su h changes shall be made in the schedule of operations as the Engineer shall direct or approve. EXTENSIONS OF TIME. ARTICLE XLII: The Contractor expressly covenants and agrees that in undertaking to complete the work within the time herein fix he has taken into consideration and made allowances for all of the �ordinanr delays and hindrances incident to such work, whether grow f Y out of delays in securing materials or workmen, or otherwise. Shou 'd ( the Contractor, however, be substantially delayed in the prosecutio Land completion of the work by any changes, additions or omissions j therein ordered in writing by the City, or by fire, lightning, earth- �oquake, tornado, cyclone, flood, riot, insurrection or war, or by an act taken by the Government such as commandeering of labor or mater 'ials, enbargoes, etc. , for or on the work, or by the abandonment of the work by the men engaged therein through no fault of the Contract - or, or by neclect, delay or default of any other Contractor of the City, or by any delay on the part of the City in furnishing right- o-ways, or delays caused by court proceedings, the Contractor shall hive no claim for damages for any such cause or delay; but he shall in such cases be entitled to such extension of time specified for the complet- ion of the work as the City shall award in writing on account of such delays provided, however, that claim for such extension of time is made by the Contractor, to the City in writing within one week from the time when any such alleged cause for delay shall occur. UNFAVORABLE WEATHER AND WATER HAZARDS. I ARTICLE XLIII: 1. During unfavorable weather and other con- ditions, the Contractor shall pursue only such portions of the work as shall not be damaged thereby. No portions of the work, the sati - factory quality or efficiency of which will be affected by any un- favorable conditions shall be constructed while those conditions obtain, unless, by special means or precautions approved by the Engineer, the Contractor shall be able to overcome them. 2. The Contractor hereby certifies that he has carefully examined the site of the work covered by this Contract and the loca- tion of all portions thereof, and has familiarized himself with the nature and contour of the surrounding country, the normal and possi le flood stages in watercourses, which may affect the work; and under- stands the character and extent of the necessary precautions to be taken and protection to be provided to protect the work against water, floods and overflows which may occur at any time; and the Contracto hereby expressly agrees that no extra pay or compensation will be asked, claimed or paid on account of any damages which may be_ suffe ed by him or to the work on account of such water, floods and overflow.- . iLIQUIDATED .DAMAGES. ARTICLE XLIV: It is mutually understood and agreed by and between the parties to this Contract, in the execution of the same, th time is of the essence of the Contract, and that in the event that the said Contractor shall fail in the performance of the work specified and required to be performed within the period of time stipulated therefor in the Contract agreement binding said parties, the said Contractor shall pay unto the said Owner, as and for liquidated damages and not as a penalty, the sum of Thirty Dollars ($30.00) for each and every calendar day that the said Contractor st 1 be in default, and extensions granted by the Owner in accordance wit the provisions of Article XLII and XLI, shall not operate to the contrary. 2. The owner shall have the right to deduct said liquidated damages from any moneys in its hands, otherwise due, or to become due, to said Contractor, or to sue for and recover compensations for damages for nonperformance of this contract at the time stipulated (herein and provided for. SUSPENSION OF WORK ON NOTICE. ARTICLE XLV: The Contractor shall delay or suspend the pro- gress of the work or any part thereof, whenever he shall be so re- quired by written order of the City or Engineer, and for such perio s of time as it or they shall require; provided, that in the event of such delay or delays or of such suspension or suspensions of the I progress of the work, or any part thereof, the time for the completion of the work so suspended or of work so delayed by such suspension or suspensions shall be extended for a period equivalent to the time lost by reason of such s+popension or suspensions; but such order of the City or Engineer, shall not otherwise modify or invalidate in any way any of the provisions of this Contract, and said Contractor shall not be entitled to any damages or compensation from the City on account of such delay or delays, suspension or. suspensions. SAMPLE AND TESTS OF MATERIALS. ARTICLE XLVI: When requested by the Engineer, samples or test specimens of materials to be used or offered for use in connect- ion with this work shall be prepared at the expense of the Contract and furnished by him in such quantities and sizes as may be require for proper examination and tests, with all carriage charges prepaid and with information as to their sources. All samples shall be sub- mitted in ample time to permit the making of proper tests, analyses, or examinations before the time at which it is desired to incorporat the material into the work. The cost of making all tests, and the cost of materials used in such tests, shall be. paid by .the City. TESTING OF COMPLETED WORK. ARTICLE XLVII: Before final acceptance all parts of the work shall- be tested and each part shall be in good condition and working order or shall be placed in such condition and order at the expense of the Contractor. All tests of completed work required under- this Contract .shall be made under the direction of the Engineer by and at the expense of the Contractor, who shall repair at his own expense all damage resulting therefrom. REMOVAL OF CONDEMNED MATERIALS AND STRUCTURES. Article XLVIII: The Contractor shall remove from the site of the work, without delay, all rejected and condemned materials or structures of any kind brought to or incorporated in the work, and pon his failure to do so, or to make satisfactory progress in so do - ing, within forty eight (48) hours after the service of a written notice from the Engineer ordering such removal, the condemned mater- ial or structures may be removed by the City and the cost of such removal be taken out of the money that may be due or may become due the Contractor on account of or by virtue of this Contract. No such - rejected or condemned material shall again be offered for use by the Contractor under this or any other Contract under this project. PLACING WORK IN SERVICE. ARTICLE XLIX: If desired by the City, portions of the .work, as completed, may be placed in service, the Contractor to give proper access to the work for this purpose; but such use and operation shall not constitute an acceptance of the work, and the Contractor shall be liable for defects due to faulty construction until the entire work under this Contract is finally accepted. n CLEANING UP. ARTICLE L: The Contractor shall not allow the site of the work to become littered with trash and waste material, but shall intain the same in a neat and orderly.condition throughout the con struction period. The Engineer shall have the right to determine at is or is not waste material or rubbish and the manner and place of disposal. On or before the completion of the work the Contractor, ithout charge therefor, carefully clean out all pits, pipes, cham- ers, or conduits, and shall tear down and remove all temporary structures built by him, and shall remove all rubbish of all kinds . •a !from any of the tracts or grounds which he has occupied, and shall !heave them in first class condition. DEFECTIVE WORKMANSHIP AND MATERIALS. I `f ARTICLE LI: During a period of one year from and after the �' date of the final acceptance by the Owner of the work embraced by ithis Contract, the Contractor shall make all needed repairs arising +, out of defective workmanship or materials, or both, which, in the judgement of the Owner, shall become necessary, during such period. JIf within ten days after the mailing of a notice in writing to the Contractor, or his agent, the said Contractor shall neglect to make or undertake with due diligence to make, the aforesaid repairs the Owner is hereby authorized to make such repairs at the Contractor' s expense; providing, however, that in case of an emergency where, in the judgment of the Owner, delay would cause serious loss or damage repairs may be made without notice being sent out to the Contractor and the Contractor shall pay the cost thereof. CLAIMS FOR LABOR AND MATERIALS. ARTICLE LII: The Contractor shall indemnify and save harm- less the City from all claims for labor and materials furnished under this Contract, or any alterations or modifications thereof, and sha 1 furnish the City with satisfactory eviddnce, when called for by it, that all persons, firms or corporations, who have done work or fur- nished materials under this Contract, for which the City may become liable under the laws of the State, have been fully paid for or satis- factorily secured, and in case such evidence is not furnished, an amount necessary or sufficient within the discretion of the City, t meet the claims of the persons, firms, and corporations, aforesaid, in addition to any other moneys that are to be retained, as herein specified, from the money due the Contractor under this Contract, shall be retained until the liabilities aforesaid shall be fully di - charged or satisfactorily secured. ' BONDS. ARTICLE LIII: The surety bond executed by the Contractor, IIrunning to the City, shall be a guarantee, (a) for the faithful per �formance and completion of the work in strict accordance with the terms of the Contract, specifications, and detailed plans; (b) for the payment to the City of all sums due or which may become due by the terms of the Contract, as well as by reason of any violation thereo by the Contractor; (c) for the payment of all labor and material bills and all lawful claims of sub-contractors; (d) the payment_ of any and all judgments and costs of suits and actions brought against the City or Officials thereof, for any cause whatsoever arising from or on account of any injuries or damages to life or property suffer- ed or sustained by any person, firm or corporation, caused by the Contractor, his or its agents, servants or employees, in the construict ion of said work, or by or in consequence of any negligence, careless- ness or misconduct in guarding and protecting the same, or from any improper or defective materials used in its construction, or any ac or omission of the said Contractor or his agents, servants or emplo3,I- ees; (e) for the protection of the City against all suits and clai for infringements or alleged infringements of patent rights or pro- cesses; (f) and for a period of one (1) year from and immediately !following the completion of said Contract and the acceptance thereo (;by the City, the payment to the City of all damages, loss and expen e ;iby'which may occur to the City by reason of defective materials used, reason of defective workmanship done, in the furnishing of mater i ials for and the constructing of the said work, and the filling of 1 11 ;excavation in such manner that it shall be, and shall remain, for the !;said period of one year, flush with the surfaces of streets and adj c- lient property, the repair, refilling and regrading embankments to 11thetr proper elevation and plane, and the keeping in repair for sai ' 11period of one year, all pavements, walks, curbs, and gutters over and adjacent to said work. METHOD OF MEASUREMENT. ARTICLE LIV: 1. Unless specifically stated otherwise in this Contract, no extra measurement or measurements to local custom of any kind shall be allowed in measuring the work under this Con- . tract, but only the length, area, solid contents, number, weight or time in standard units, as the case may be, shall be considered. 2. For the estimating of quantities in which the computa- tion of areas by geometric methods would be comparatively laborious, it is stipulated and agreed that the planimeter shall be considered an instrument of precision adapted to the measurement of such areas. ESTIMATED QUANTITIES. ARTICLE LV: The Contractor agrees that the quantities of work as stated in his proposal and bid or indicated on the plans are only approximate, and that during the progress of the work, the City y find it advisable, and it shall have the right,- to omit portions of the work and to increase or decrease the quantities, and that the City reserves the right to add to or take from any item as may be deemed necessary or desirable. tinder no circumstances or conditions 11 the Contractor be paid anything on account of anticipated profits upon the work, or any portion thereof, covered by the Contra t which is not actually performed and which has not actually entered into the construction of said improvement. PRICES. ARTICLE LVI: In consideration of the faithful performance by the Contractor of all the conditions, provisions and covenants of this Contract and the Specifications to the satisfaction of the City, the City shall pay and the Contractor shall receive the prices stipulated in his proposal and bid- attached hereto and made a part hereof, as full compensation for everything furnished or done by the Contractor under this Contract. The City also agrees to pay in addition such amounts as may be agreed upon for alterations in acoor ance with Article XXXII and for extra work in accordance with Article XXX hereof. PAYMENTS -- FINAL ESTIMATE. ARTICLE LVII: 1. On or about the first day of each month, the Engineer will make an approximate estimate of the value of the work done and materials furnished and delivered on the work during the previous month, eighty-five (85%) per cent of such estimated sum will be paid the Contractor on or before the fifteenth (15) day of said month. The Contractor shall furnish to the Engineer such detailed. information as he may request. to aid him as a guide in the preparation of monthly estimates. If the City shall at any time fail to make the Contractor a monthly payment at the time,-,-herein specified, such failure shall not be held to vitiate or void this contract. 2. The Engineer shall within fifteen (15) days after he has satisfied himself, by examination or otherwise, that the work has been finally and fully completed in accordance with the Contract and Specifications, make a final estimate of the work done under this- Contract and the value thereof. And the City shall, within thirty (30) days after such final estimate is made and certified, pay the entire sum so found to be due hereunder, after deducting all amounts to be kept and retained under any provisions of this Contract. All prior estimates and payments shall be subject to correction in the final estimate and payment; but, in the absence of error or manifest istakes, it is agreed that all estimates, on the certificate of the Engineer, when approved by the City, shall be conclusive evidence of the work done and materials furnished. Before final payment is made