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HomeMy Public PortalAboutORD10038 r BILL NO. SPONSORED BY COUNCILMAN ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH WOOD LINK FENCE COMPANY, INC. FOR GATES AND SIDE PANELS FOR KENNEL RUNS AT THE ANIMAL SHELTER. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized and directed to execute a contract with Wood Link Fence Company, Inc. for the fabrication of gates and side panels for ten (10) kennel runs at the Jefferson City Animal Shelter for the sum of $2,905.90. Section 2. The contract shall be substantially the same in form and content as that contract attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed % —(p �0 3 Approved 77-17_7111 residing Offi er MaSror ATTEST: City Clerk • CONTRACT FOR 7, THE FABRICATION AND INSTALLATION OF KENNEL RUNS FOR THE JEFFERSON CITY ANIMAL SHELTER THIS CONTRACT, made and entered into this _� day of 19 by and between George Hartsfield, President of the City Council, of the City of Jefferson, Missouri, " a municipal corporation of the third class of the State of Missouri, Party of the First Part, and who acts for and on behalf of the Citv of Jefferson, and Wood Link Fa.ce C:,.,fany, inc. , Columbia, Missouri, Party of the Second Part, WITNESSETH: THAT, WHEREAS , the City Council of the City of Jefferson, Missouri, did on this day of 19 g , award to the Party of the Second 'Part, Wood Link Fence Company, Inc. , Columbia, Missouri, the contract for the fabrication of gates and side panels for ten (10) kennel runs at the Jefferson City Animal Shelter. NOW, THEREFORE, for and in consideration of the awarding of this contract and the work thereunder by said First Party hereto, the City of Jefferson, Missouri, to the Second Party, Wood Link Fence Company, Inc. , Columbia, Missouri, the said Second Party does hereby contract and agree to do and perform said work, above specified and referred to and to accept payment therefore in the following manner: On or about the first of each month, the Contractor shall submit to the Owner an application for partial payment in the form prescribed. The Contractor shall submit a state- ment in writing made under oath or verified by affidavit, of the names of all parties furnishing materials and labor, and of the amounts due or to become due to each. The appli- cation for payment shall be accompanied by a notarized affi- davit stating that all monetary obligations to suppliers of materials, services, labor and to all subcontractors, for the periods covered by all prior applications for payment, if any, have been completely fulfilled and discharged. AMIk That part of the payment which is requested on account of materials delivered and suitably stored at the site or other approved location but not incorporated in the work shall, if i required by the Owner, be conditioned upon submission by the Contractor of bills of sale or upon such other procedure as will establish the Owner' s title to such material or other- wise adequately protect the Owner' s interest. Every payment shall be subject to receipt of a statement from the Contractor which specifies the amount due and payable under the terms of this contract. The maximum sum to be paid under this contract is an amount not to exceed $2 ,905. 90 . NOW, BY THESE PRESENTS, it is agreed and understo,�,a ty the parties hereto, and this contract is entered into subject to all existing ordinances, plans and specifications for such work on file in the office of the City- Clerk, and which shall be considered a part and parcel of this contract; that all questions arising as to the proper performance of this contract of such work in accor- dance with the plans and specifications therefor, and estimates thereof, shall be decided by the Director of Planning and Code Enforcement, of the City of Jefferson, Missouri, or by such competent persons appointed by the Mayor and the City Council of the .City of Jefferson to supervise and superintend said work in the place of and instead of such Director of Planning and Code Enforcement; that in the case of improper workmanship, the City of Jeffersoa reserves the right at any time to suspend, re-let or order an entire reconstruction ofthe work; that the Contractor agrees to commence work on or before a date to be specified in a written "Notice to Proceed" and to fully complete the project within sixty (60) consecutive working days thereafter. The City reserves ithe right at any time to suspend, re-let or order an entire re- construction of the work awarded and to declare the contract forfeited; but that such suspension, re-letting or reconstruction ut forxeiLure shall not affect the right of the City to recover all damages and penalties accuring or due it by reason of the Contractor's non-compliance with this contract. Liquidated damages of fifty ($50. 00) dollars per day will be assessed against the Contractor for each day the work remains incomplete following the completion date or extension thereof. The Second Party agrees to pay all classes and crafts of labor used in the performance of this contract the prevailing hourly .. rate of wages as determined by the Department of Labor and Industrial Relations and Second Party acknowledges that he knows the prevailing hourly rate of wages for all classes and crafts of labor to be used in the performance of this contact because he has obtained the prevailing hourly rate of wages from the contents of Special Wage Determination No. 3-026-028, in which the rate of wages are set forth. The Contractor further agrees as the Second Party, that he will keep an accurate record showing the names and occupation of all workmen employed by them in connection with the work to be performed under the terms of this contract, which record shall show the actual wages paid to each of said workmen in connection with the work to be performed under the terms of this contract, which record shall show the actual wages paid to each of said workmen in connection with the work to be performed under the terms of this contract, and agrees further that the aforementioned accurate record shall be available and open at all reasonable hours for the inspection by the Director of Planning and Code Enforcement or any other authorized employee of the City of Jefferson, Missouri. In com- pliance with the Prevailing Wage Law, as amended in Section 290 . 210 and 290. 340 . inclusive, Revised Statutes of Missouri, 1969, effective •' uctober 13, 1969, not 'less' than the' prevailing' houily' rate; 'of wages in the Jefferson City area shall be paid to all workmen performing work under this contract, Section 290. 250. The Con- tractor shall forfeit to the City ten ($10. 00) dollars for each workman, employee, for each calender day, or portion thereof, such workman is paid less than the stipulated rates for any work done under said contract, by him or any subcontractor under him, Section 290.250. The Second Party agrees to completely indemnify and hold harm- less the City of Jefferson -for any and all damages, injuries, actions, costs, attorney' s fees and all other expenses whatsoever, arising out of the performance of said work whether the. property or persons damaged are the servants and employees of the Second Party, or third parties in no manner connected with said work. All interlineations, corrections, deletions and changes herein have Aft been made prior to the execution of this contract. IN WITNESS WHEREOF, the par ies have hereunto set their hands and seals this day of 0 19 0 CITY OF JEFFERSON, MISSOURI Attest.. Attest: By J .0 This contract, executed in duplicate, one copy being de osited in the office of the City Clerk of the City of Jefferson, and the other being retained by the Party of the Second Part.