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HomeMy Public PortalAboutORD10110 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 RAYMOND P. LISTER, INC. , FOR THE RENOVATION OF THE H.V.A.C. SYSTEM AT THE WASTEWATER TREATMENT PLANT FOR THE CITY OF JEFFERSON ACCORDING TO THE CONTRACT DOCUMENTS . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI , AS FOLLOWS: Section 1. The Mayor and Clerk of the City are hereby authorized and directed to execute a contract with Raymond P. Lister , Inc. for the renovation of the H.V.A.C. System at the Wastewater Treatment Plant for the City of Jefferson according to the contract documents . Section 2. The contract shall be substantially the same in form and content as the contract attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval . Passed Approved 12 - 5--S' Presiding ficer Mayor ATTEST: i ity Clerk • CONTRACT AGREEMENT THIS AGREEMENT, made and concluded this day of 19tg by and between Raymond P . Lister. Inc. j A hereinafter called the ontrac or", and the City of-Jefferson, Missouri, hereinafter called the "City". WITNESSETH, THAT, whereas the Council of the City of Jefferson by Ordinance adopted at a meeting held on 11 - ;2- 1 , 19$a and by virtue of authority vested in said Council, as aware to t e Contractor the work of performing certain construction. t NOW, THEREFORE,, the Contractor and the City, for the consideration hereinafter named, agree as follows: Article 1. SCOPE OF THE WORK: The Contractor shall furnish all materials, tools, equipment, labor, and f everything necessary to perform, and shall perform, in accordance with the Specifications and terms of this Contract, the work of Renovating the H.V.A.C. System at the Wastewater Treatment Plant of the City of Jefferson, Missouri. The Owner shall have representatives at the site as he may decide during the construction to observe the work in progress. 1 Article 2. TIME OF COMPLETION: Construction work must begin within ten (10) days after written notice to do so shall have been given to the Contractor and shall be carried on at a rate to secure its full completion within One Hundred and Twenty (120) calendar days. 1 DEDUCTIONS FOR NOT COMPLETING ON TIME If the Contract work is not fully completed according to the terms of the Contract within the time limit herein stipulated, subject to such extensions as may be granted as provided for in Paragraph 15 of the "General Conditions," i it is agreed that the City will be damaged thereby. The amount of said damages, exclusive of expense for surveillance and observation of construction being difficult, if not impossible of definite ascertainment, it is hereby agreed that the amount of such damages, both liquidated and fixed, shall be estimated and agreed upon in advance, and they are hereby agreed upon in the amount of Fifty Dollars ($50.00) for each calendar day elapsing between the expiration of such time limit as herein provided for, plus such extensions as may be granted, and the date of full completion. The obligations of the Bonds given by the Contractor, as herein required, shall include the payment of the liquidated damages provided for and agreed upon in this paragraph. C-1 4' • * j Where any deductions from or forfeitures of payment in connection with. the work on this Contract are duly and properly declared or imposed against the Contractor, in accordance with the terms of this Contract, State laws or ordinances of the City, the total amount thereof may be withheld from any money whatsoever due or to become due the Contractor under the Contract, and when deducted, shall be deemed and taken as payment in such amount. t Article 3. CONTRACT PRICE: The City shall pay to the Contractor for the performance of the work the Base Lump Sum Price of Eleven Thousand One Hundred Thirty-Eight Dollars and No Cents ($ 11 , 138. 00 ), In addition, The City shall pay the Contractor for furnishing new parts, if the inspection discloses the need, at the Invoice cost of parts, labor, materials, tools, and equipment, plus 10%. Article 4. PAYMENTS TO CONTRACTOR: a. On completion and acceptance. of the work, payment will be made in full, less authorized deductions. b. Prior to substantial completion, the Owner, with the concurrence of the Contractor, may use any completed or substantially completed portions of the work. Such use shall not constitute an acceptance of such portions of the work. C. The Owner shall have the right to enter the premises for the purpose of doing work not covered by the Contract Documents. This provision shall not be construed as relieving the Contractor of the sole responsibility for the care and protection of the work, or the restoration of any damaged work except such as may be caused by agents or employees of the Owner. d. The Contractor will indemnify and save the Owner or the Owner's agents harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, materialmen, and furnishers of machinery and parts thereof, equipment, tools, and all supplies, incurred in the furtherance of the performance of the work. The Contractor shall, at the Owner's request, furnish satisfactory evidence that all obligations of r the nature designated above have been paid, discharged, or waived. If the Contractor fails to do so, the Owner may, after having notified the Contractor, either pay unpaid bills or withhold from the Contractors unpaid } compensation a sum until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payment to the Contractor shall be resumed, in accordance with the terms of the Contract Documents, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor, his Surety, or any third party. In paying any unpaid bills of the Contractor, any payment so made by the Owner shall be considered as a payment made under the Contract Documents by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payments made in good faith. C-2 Article 5. GUARANTEE: The Contractor and his Surety hereby expressly guarantee the aforesaid ' work as to workmanship and quality of materials used in connection therewith, for a term of one (1) year, commencing on the date of acceptance -of the work. or improvements, and binds himself, his successors or. assigns, to make all replacements which may become necessary within that time clue to nonconformity with the Specifications. whenever notified by the City that said replacements are required, the Contractor shall, at once, make the same as directed, and at his own expense. If the Contractor does not proceed with such replacements within five (5) days of receipt of written notice, then the City shall have the power to cause the same to be made and to charge the cost thereof to the Contractor. Nothing in this Section is intended as a maintenance guarantee. i Article 6, THE CONTRACT DOCUMENTS: The Advertisement, Information for Bidders, General Conditions, Special Conditions, the Specifications, including Addenda Nos. - , — , -- , and the Proposal, together with this Agreement, form tTe Contract. Raymond P . Lister Inc. Contractor COUNTERSIGNED: Route 1 Address ® Lohman , Missouri 65053 By Presi nt Owner ATTEST: (Address) Virginia Lister , Sec. By ATTEST: " City Clerk f C-3