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HomeMy WebLinkAboutOrdinances Book 12, Page 461, No Ordinance NumberAPI ORDINANCE ACCEPTING THE BID OF J. M. HARPER AND A. E. COLE, DOING BUSINESS AS J. M. HARPER, CONTRACTORS, FOR THE CONSTRUCTION OF A FIRE STATIOi7 BUILDING ON PROPERTY LOCATED AT THE INTERSECTION OF 12TH AND BURNETT STREETS IN THE CITY OF PADUCAH, KENTUCKY; PROVIDIPIG FOR THE EXECUTION OF A CONTRACT FOR THE CONSTRUCTION OF SAID FIRE STATION AND PAYMENT THEREFOR TO J. M. HARPER AND A. E. COLE, DOING BUSINESS AS J. M. HARPER, CONTRACTORS, IN THE SUM OF ,4$,722.00; AUTHORIZING STUART JOHNSTON, THE MAYOR, TO EXECUTE SAID CONTRACT FOR AND ON BEHALF OF THE CITY OF PADUCAH, KENTUCKY; PRESCRIBING THE TERMS AND CONDITIONS TO BE CONTAINED IN SUCH CONTRACT WHEREAS, J. M. Harper and A. E. Cole, doing business as J. D;. Harper, Contractors, by bid dated July 7, 19513 bid for the construction of a fire station on property of the City of Paducah at the intersection of 12th and Burnett Streets in the City of Paducah, Kentucky, in the amount of $48,722.00; and WHEREAS said J. E. Harper and A. E. Cole, doing business as J. 1.1. Harper, contractors, omitted to include in their bid the amount necessary to execute a performance bond; and WHEREAS The City of Paducah desires to avoid further expense which would be necessary for said performance bond and to waive the provision for same and to accept the bid of J. 14. Harper and A. E. Cole, doing business as J. Mi. Harper, Contractors, in the sum of ,;4$,722.00; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the bid of J. M. Harper and A. E. Cole, doing business as J. I Harper, Contractors, dated July 7, 1951, offering to construct a fire station designated in said offer as the "North Side Fire Station", same to be located on property owned by the City of Paducah at the intersection of 12th and Burnett Streets in said city, for the sum of 9p'48,722.00, be accepted, and that Stuart Johnston, the Yayor of said city, is hereby authorized to execute the following contract to be entered into between the City of Paducah and the said J. I•. Harper and A. E. Cole, doing business as J. M. Harper, Contractprs, said contract not to contain a provision for execution of a performance bond, said provision being expressly waived, but containing the following terms and conditions: "THIS CONTRACT made and concluded this _ day of , 19513 be and between the City of Paducah, Kentucky, a municipal corporation, hereinafter Balled the "Cite party of the first part, and hereinafter called the "Con- tractor", party of the second part: W I T h' E S S E T H : That the party of the second part has agreed; and by these presents does agree, with the City for the consideration of a contract bid of w 0 which has been accepted by said City and under penalty expressed in a certain bond herein annexed, to construct a fire station on property owned by the City of Paducah W 462 Kentucky, located at the northwest corner of 12th and Burnett Streets in said city said property fronting 135 feet on 12th Street- and fronting 129.4 feet on Burnett Street, as shown in the plans and specifications prepared by G. Anthony Johnston, Architectural Engineer, which are filed with the City Engineer, consisting of a building, driveway, appurtenances and all work described and indicated on the aforesaid Plans and Specifications, it being agreed that said Plans and Specifica- tions are made a part of this contract by reference and same are binding upon the parties hereto. The following general contract stipulations are agreed to by the parties hereto: (1) It is agreed by and between the parties to this agreement that local labor shall be employed on the work when it can be secured at the same price and of the same quality as other labor. (2) No variations from the regular price in the proposal or bid which has heretofore been submitted by the contractor and approved by the city will be allowed. (3) The Contractor shall have charge of and be responsible for the entire improvement for which construction he has contracted until its completion and acceptance. (4) The City of Paducah having employed the services of G. Anthony Johnston, as Architectural Engineer, it is agreed that the Contractor will cooper- ate with said Architectural Engineer and that his work may be inspected at any and all times by s aid Architectural Engineer who shall also advise said Contractor) in regard to the interpretation of the Plans and Specifications and who shall such represent the City of Paducah along with/other city employees that may also be de- II signated by the City Manager for the purpose of inspecting said work. (5) The Contractor shall procure all necessary licenses and permits and he shall conform to all Federal, State and local laws, regulations and ordinanc with regard to labor, hours of work and his general operation. No Sunday work will be permitted except in case of great emergency and then only with the written consent of the City Manager and to such extent as he may judge to be necessary. It is expressly understood and agreed that regardless of the inspections by the Architectural Engineer or by such other authorized representative of the City of Paducah, that the Contractor shall be responsible for the result of all work performed by him whether inspected by or directed by the Architectural Engineer or any other representative of the City. (6) LIABILITY POLICY TO BE FURN13HED. The Contractor agrees to obtain and file with the Board of Commissioners of the City of Paducah and keep in force while the aforesaid building is being constructed a liability policy or policies conditioned for the benefit of persons suffering injury, loss or damage t( their persons or property resulting from any negligence in connection with the performance of said work, or as a result of the negligence of the City of Paducah, :s 463 its agents, servants and employees, and which policy or policies shall also protect the City against any liability which may be imposed upon it by reason of all word: done in the construction of said building. Said liability policy or policies shall be in a sum of not less than $10,000 for the injury or death of any one perso and not less than $20,000 for the death or injury of all persons affected by any one accident, and not less than 'P5,000 for the benefit of persons who may suffer property damage in any one accident resulting from the negligence of the contractor, his agents, servants and employees, or from any negligence on the part of the city, its officers, agents and employees in connection with the performance of said construction work. Said policy or policies of insurance shall as to the form thereof and the solvency of the insurance company be'subject to the approval of the Corporation Counsel. (7) TIME FOR C01-2-:ENCING CONSTRUCTION. The work embraced in this contract shall be begun within ten (10) days after notification of acceptance by the City and carried on regularly and uninterruptedly with such force as is necessary to secure its full completion, but should the work be delayed or interrupted by the City, after service of notice of sucly delay or interruption, the Contractor will be entitled to an extension of time equal to the time of such interruption. (8) PAYMENT FOR LABOR. If at any time during the progress of said work, the Contractor shall fail or neglect to pay for labor performed upon this wobk, and the City shall have been notified, the City will have the power to pay for such labor out of adiounts that may be due to said Contractor, and in any such case, the City through the Architectural Engineer, is hereby authorized and empowered to ascertain the amount or amounts due and owing to any laborer or laborers from said Contractor, in such manner and upon such proof as they may deem suffidient, and without giving any notice of such proceedings to said Contractor, and the maount or amounts so found by the City to be due to such laborer or laborers, shall be final and conclusive as against said Contractor, and may thereafter be paid by said City to such laborer or laborers. (9) PAYDIENT FOR WORK. The City shall make payments on account of this contract as follows: On the 15th day of each month 90 percent of the value based on the Contract price of labor and materials incorporated in the work and of materials suitably stored at the site thereof up to the lst day of that month, as estimated by the Architectural Engineer, less the aggregate of previous payments; and upon substanti+ completion of the entire work, a sum sufficient to increase the total payments to 80 per cent of the Contract- price but all such payments shall be applied for to the Architectural Engineer on the 1st day of the month and he shall issue a certificate for the amount he decides is properly due and will forward said certificate to the Board of Commissioners. No payment shall be made the Contractor until_ the Board of Commissioners have received and approved the certificates for payment as certified by said Architectural Engineer. Final payment of the contract price shall be 464 due 30 days after said construction is completed and accepted by the Doard of Commissioners of the City of Paducah. (10) In the event of conflict between the terms of this contract and the specifications herein referred to the terms of this contract are controlling and shall govern the parties hereto. (11) It is agreed and the Contractor so warrants, that the work herein contracted for will be completed in accordance with the Plans and Specifications not later than 180 days from the date of this contract. IN WITNESS WHEREOF the I,.ayor of the City of Paducah, State of Kentucky, has hereunto set his hand on behalf of said City, said signature being attested by the City Clerk, and the Contractor has also hereunto set his hand and the City and the Contractor have executed this Agreement in triplicate the day and year firut above written, one copy to be filed in the proceedings of the Board of Commissioners, one copy to be filed in the office of the City Engineer and the third copy to be delivered to the Contractor. ATTEST: City Clerk CITY OF PADUCAH, KENTUCKY By yor tractor SECTION 2. This ordinance shall be introduced at a regular meeting of the Board of Commissioners and remain on file at least one week for public inspection in the completed form in which it shall be put upon its final passage. Because of the great increase in population and in the building of new construction in the City of Paducah following announcement of the construction of an atomic bomb plant on the site of the Kentucky Ordaance Works near the city, the present fire pro- teztion facilities are in need of additional fire stations and fire fighting facilities; the public health and safety requiring that this ordinance be made inur.ediately effective an emergency is declared to exist and this ordinance shall be in full force and effect from and after its adoption �;�&w 'av r Introduced by the Board of Commissioners July 10, 1951 Passed by the Board of Commissioners July 18, 1951 Recorded by Sarah Thurman, City Clerk, July 18, 1951.