Section 105-170; Ord. 18050; Accepting the bid of Emery Sapp and Sons, Inc. for the reconstruction of Garth Avenue from Bear Creek north to Blueridge Road, Garth Avenue from Thurman Street to Bear Creek and Garth Avenue bridge over Bear Creek


Ordinance No.           018050                           Council Bill No.           B98-04          

AN ORDINANCE

accepting the bid of Emery Sapp and Sons, Inc. for the reconstruction of Garth Avenue from Bear Creek north to Blueridge Road, reconstruction of Garth Avenue from Thurman Street to Bear Creek and the reconstruction of the Garth Avenue bridge over Bear Creek; confirming the contract; authorizing the City Manager to execute, obtain and record all documents necessary for the improvement; providing for payment therefor; appropriating funds for payment; directing the contractor to give bond to the City; providing for compliance with the prevailing wage law; and fixing the time when this ordinance shall become effective.

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:

    SECTION 1.  The bid of Emery Sapp and Sons, Inc. in the amount of $1,601,942.86 for the reconstruction of Garth Avenue from Bear Creek north to Blueridge Road consisting of a thirty-three (33) foot wide portland cement concrete pavement with integral curbs together with portland cement concrete sidewalks and pedway, storm drainage improvements and a roundabout at the intersection with Blueridge Road; the reconstruction of Garth Avenue from Thurman Street to Bear Creek consisting of a thirty (30) foot wide portland cement concrete pavement with integral curbs and five (5) foot sidewalks on each side of the street; and, the reconstruction of the Garth Avenue bridge over Bear Creek consisting of a thirty (30) foot roadway pavement with five (5) foot sidewalks on both sides, in accordance with the plans and specifications therefor, the laws of the State of Missouri, and the Charter and Ordinances of the City, is the bid of the lowest responsible bidder and is hereby accepted subject to Missouri Department of Transportation concurrence.

    SECTION 2.  The contract wherein the City Manager accepts the bid of and lets the contract for the improvement to the contractor is hereby confirmed.

    SECTION 3.  The City Manager is authorized and directed to obtain, execute and have recorded all contracts, licenses, easements, deeds and all other grants or conveyances necessary for construction of the improvement.

    SECTION 4.  Payment for this improvement shall be made by special tax bills evidencing special assessments levied and assessed against the property specially benefitted and abutting the improvement in the manner specified by the laws of the State of Missouri and the Charter and Ordinances of the City of Columbia, in an amount not to exceed $15.00 per abutting front foot; and the balance from Transportation Sales Tax Funds, Surface Transportation Program Funds, a bridge grant from the Federal Highway Administration, County Road Tax Funds, Sanitary Sewer Utility Funds, and from such other funds as may be lawfully appropriated.  The tax bills shall bear interest at a rate of nine percent (9%) from and after the date which is sixty days after their date of issue until paid in full and shall be a lien against the lot, parcel or tract of land benefitted from the improvement and described in the tax bill for a period of ten years from the date of issue unless sooner paid.

    SECTION 5.  The sum of $ 63,000.00 is hereby appropriated from the Sanitary Sewer Utility Fund Account No. 555-0000-351.01-00 to the Garth Avenue and Garth Avenue Bridge Project Account No. 440-8800-528.49-90, C00129.

    SECTION 6.   The contractor shall give an approved surety bond to the City in an amount not less than the contract price, or a bond with two or more good and sufficient securities to be approved by the City Manager, conditioned that the contractor will faithfully and completely comply with all the terms and conditions of the contract, and that he will pay for all labor employed and materials used in the work provided for in the contract, and will hold the City harmless on account of any damage which may accrue to any person by reason of the negligence of the contractor in constructing the work and against liens growing out of the labor performed or materials furnished.

    SECTION 7.  The City shall cause to be inserted in the contract a stipulation to the effect that not less than the prevailing hourly rate of wages as determined by the U.S. Department of Labor and the Department of Labor and Industrial Relations of Missouri shall be paid to all workers performing work under the contract.  The contractor's bond shall include such provisions as will guarantee the faithful performance of the prevailing hourly wage clause, as provided by the contract.  The City shall also cause to be inserted into the contract a stipulation that all laborers and mechanics employed by the contractor or subcontractors in the performance of work under the contract shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act.

    SECTION 8.  This ordinance shall be in full force and effect from and after its passage.

    PASSED this 19th day of April, 2004.