HomeMy Public PortalAboutORD10152 BILL NO. 0 3 - zno
® SPONSORED BY COUNCILMAN
ORDINANCE NO.AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH RICK A. PENNO,
D/B/A GREEN HORIZONS LANDSCAPING FOR LANDSCAPE MAINTENANCE AND
REPLACEMENT PLANTINGS.
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 Rick A. Penno, d/b/a Green
Horizons Landscaping for landscape maintenance and replacement
plantings for the Thomas E. Whitecotton Law Enforcement Center
and landscape maintenance for the John G. Christy Municipal
Building for the sum of $6, 658.25.
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 ,Z - /� -�� Approved a '.,2�- ffc
IL dcl
/1
Pr iding Of f is Mayor
ATTEST:
City Clerk
•
"Exhibit A"
CONTRACT FOR LANDSCAPE MAINTENANCE
AND REPLACEMENT WORK
This Contract ' made and entered into this � day
, 198 s , by and between the City of Jefferson,
i s s o u r i ('City) , and Rick Penno d/b/a Green Horizons Landscaping
(Contractor) .
WHEREAS , the Vo�'day Council f the City of ,Jefferson,
Missouri, did on the of , 198 award
to the Contractor the bid for landsc pe maintenance and
replacement plantings at the Thomas E. Whitecotton Law
Enforcement Center and for landscape maintenance at the John G.
Christy Municipal Building.
NOW, THEREFORE, for and in consideration of the awarding of
this Contract and the work thereunder by City to the Contractor ,
the Contractor does hereby contract and agree to do and perform
said work, above specified and referred to, for the following
prices and to accept in payment therefor in the following manner :
A. For Maintenance of the Thomas E. Whitecotton Law
Enforcement Center .
At the end of each two (2 ) month period the Contractor
shall submit a statement to the City specifying the amount due
and that the maintenance has been performed for the two (2 )
preceding months. On receipt of the statement the City shall pay
to the Contractor a sum of $ 640.00 which is one-fourth
of the contract amount of $ 2.560.00 for this service
provided that the maintenance services have been performed in a
satisfactory manner.
B. . For Maintenance of the John G. Christy Municipal
Building.
At the end of the three ( 3 ) month period the Contractor
shall submit a statement to the City specifying the amount due
and that thq maintenance has been performed for the three ( 3 )
preceding months. On receipt of the statement the City shall pay
to the Contractor a sum of $787.50 provided that the
maintenance services have been performed in a satisfactory
manner.
C. For Replacement of Plantings at the Thomas E .
Whitecotton Law Enforcement Center .
Ninety ( 90X) percent of the Contractor ' s bid price for
the materials which are to be installed in the Spring of 1984
. shall be due and payable when the plant materials and lawns have
been installed in accordance with the Plans and Specifications .
Alk The final ten ( 10X) percent for materials which are to
be installed in the Spring of 1984 shall be due and payable at
the end of the guarantee period following final inspection and
acceptance by the City.
D. Statements
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.
E. The total sum to be paid under this contract is an
amount not to exceed $6,698_25
It is agreed and understood by the parties hereto, that this
Contract is entered into subject to all existing ordinances of
the City pertaining to the work awarded and subject to the plans
and specifications on file in the office of the City Clerk, and
which shall be considered a part of this Contract ; that all
questions arising as to the proper performance of this contract
of such work in accordance with the plans and specifications
therefor shall be decided by the Director of Planning and Code
Enforcement of the City of Jefferson, Missouri, or by such
competent person 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 maintenance or planting , the City
reserves the right at any time to suspend , relet or order an
entire reconstruction of the 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 replacement work
by May 31 , 1984 . The City reserves the right at any time to
suspend, relet or order an entire reconstruction of the work
awarded and to declare the contract forfeited , but such
suspension, reletting or reconstruction or forfeiture shall not
affect the right of the City to recover all damages and penalties
accruing or due it by reason of the Contractor 's noncompliance
with this Contract . Liquidated damages of One Hundred Dollars
($100) per day will be assessed against the Contractor for each
day the replacement work remains incomplete following the
completion date or extension thereof .
Contractor agrees to completely indemnify and hold harmless
the City 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 Contractor or third
parties, in no manner connected with said work. All
interlineations , corrections , deletions and changes herein have
been prior to the execution of this Contract .
Contractor shall procure and maintain during the life of
this contract :
( 1) Workman' s Compensation Insurance for all of its
employees to be engaged in work under this contract .
(2) Contractor ' s Public Liability Insurance in the amount
not less than $800 ,000 for all claims arising out of a single
occurrence and $100,000 for any one person in a single accident
or occurrence, except for those claims governed by the provisions
of the Missouri Workman' s Compensation Law, Chapter 287 , RSMo. ,
and Contractor ' s Property Damage Insurance in an amount not less
than $800,000 for all claims arising out of a single occurrence
and $100,000 for any one person in a single accident or
occurrence.
(3) Automobile Liability Insurance in a amount not less
than $800,000 for all claims out of a single occurrence and
$100,000 for any one person in a single accident or occurrence.
(4) Owner ' s Protective Liability Insurance . The Contractor
shall also obtain at its own expense and deliver to the City an
Owner ' s Protective Liability Insurance Policy naming the City of
Jefferson as the insured in an amount not less than $800,000 for
all claims arising out of a single occurrence and $100,000 for
any one person in a single accident or occurrence . No policy
will be accepted which excludes liability for damage to
underground structures or by reason of blasting, explosion or
collapse.
AMA
(5) The Certificate of Insurance furnished to the City
showing proof of compliance with these insurance requirements
shall contain a provision that coverage under such policies shall
not be cancelled or materially changed until at least fifteen
( 15) days prior written notice has been given to the City.
IN WITNESS WHEREOF the partieA h ve hereunto set their
hands and seals this 4,AiP day of _gFd 198L .
CITY OF JEFFERSON , MISSOURI
By
Ma r
ATTEST:
Ci C1er
BY ��,►
ATTEST:
•