Section 105-616; Ord. 18319; Accepting the bid of Emery Sapp and Sons, Inc. for improvements to East Broadway from Old 63 to U.S. Highway 63

Ordinance No.           18319                       Council Bill No.             B 379-04          


accepting the bid of Emery Sapp & Sons, Inc. for improvements to East Broadway from Old 63 to U.S. Highway 63; 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.


    SECTION 1.  The bid of Emery Sapp & Sons, Inc. in the amount of $4,789,783.41 for the construction of improvements to East Broadway from Old 63 to U.S. Highway 63 consisting of a forty-three (43) foot wide pavement together with portland cement concrete sidewalk on the south side and a pedway on the north side, landscaping, storm drainage improvements, and realignment of the Trimble Road intersection, 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 concurrence from the Missouri Highways and Transportation Commission.

    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 from funds to be received from the Missouri Department of Transportation pursuant to a roadway relinquishment agreement, Surface Transportation Program Enhancement Funds, Capital Improvement Funds and such other funds as may be lawfully appropriated.

    SECTION 5.  The sum of $ 400,000.00 is hereby appropriated from the Federal Reserves Account No. 440-0000-461.10-00, C00072 to the East Broadway Project Account No. 440-8800-528.49-90, C00072.

    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 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 15th day of November, 2004.