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