HomeMy Public PortalAboutORD10299 BILL NO. 84-135
SPONSORED BY COUNCILMAN JHEQUEMBOURG/
ORDINANCE NO. VP-
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERIC TO EXECUTE A CONTRACT WITH IRVINBILT COMPANY
FOR THE WATER POLLUTION CONTROL PLANT MODIFICATIONS.
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 Irvinbilt Company for the
Water Pollution Control. Plant Modifications for the sum of
$251, 800.00.
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 shalt be in full force and effect
from and after the date of its ;passage and approval.
Passed /[/ '!�5 _ Approved
esid ng Officer a or
ATTEST:
ity Clerk
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III 1111111 11 MigIN11111
CONTRACT AGREEMENT
THIS AGREEMENT, made and concliuded this - _ day of
19840 by and between IRVINBILT COMPANY
ereina ter called the 11 on .—ctortTr;�an 7the M t o Je rt tin issouri,
hereinafter called the "City".
WITNESSETH, "THAT, whereas the Council of the City of Jefferson by
cirdinaizce adopted at a meeting held on OCTOBER 15, , 1984, and by
virtue of authority vested in said rouncil , has' awarde to- Tie Contractor the
work of performing certain construction.
NOW, THEREFORE, the Contractor and the City, for the consideration
hereinafter named, agree as follows:
Article 1. SCOPE OF THE WORK: r
The Contractor shall furnish all materials, tnols, equipment, labor,
and everything necessary to perform, and shall perform, in accordance
with the Plans, Specifications and terms of this Contract, the work of '
constructing the Water Pollution Control {plant Modifications to serve the 1
City of Jefferson, Missouri.
The Owner shall have representatives at the site as he may decide during
the construction to observe the wor.{ in progress.
Article 2. TIME OF COMPLETION: j
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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 eighty (180) calendar days.
Article 3. DECUCTIDNS FOR NOT COMPETING ON TIME
If the Contract work is not fully completed according to the terms of the
Contract Documents within the time limit herein stipulated, subject to such
extensions as may be granted as provided for in Paragraph 15 of the "General i
Conditions," it is agreed that the City will be damaged thereby. The amount i
of said damages, exclusive of expense for surveillance and observation of i
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 Ore Hundred Dollars ($1.00.00) for each calendar '
day elapsing between the expiraticii of such time limit as herein provided
for, plus such extensions as may he granted, and the date of full completion.
The obligations of the Bonds fjiven by the Contractor, as herein required,
shall include the payment of the liquidated damages provided for and agreed
uptn in this para(lr►ph.
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Where any deductions from or forfeitures of payment in connection with the
work on this Ccntract 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 Caitract, and
when deducted shall be deemed and taken as payment in such amount„
Article 4. CONTRACT PRICE:
The City shall pay to the Contractor for the performance of the work for
Item 1, Item 2, and Item 3 the lurmp sum amount of two hundred fifty-one
thousand. eight hundred � � Dollars and no Cents
CS 251800.00 ).
Article 5. MAJOR ITEMS OF EQUIPMENT:
It is hereby expressly agreed that the Contractor will furnish and install
' in full compliance with the Plans and Specifications, the major items of
equipment, as manufactured or supplied by the following listed manufacturers
or suppliers:
No. Description Manufacturer_or Supplier
Item No. 1
1. Overhead Garage Door Dalton
2. Metal Wall Panels Binkley
Item No. 2
3. Ferric Chloride Chemical Purp Marsh
Item No. 3
4. Gar Screen Infilco-De gremont
Article 6. PROGRESS SCHEDULE:
The Contractor shall submit for approval immediately after execution of
the Agreement, a carefully prepared Progress Schedule, showing the proposed
dates of starting and completing each of the various sections of the work.
The contractors and sut)contractors shall provide in writing within 30 days
after initiation of construction a monthly schedule of estimated payments; and
the schedules shall be updated any time there is a variation of accLnulated
percent of progress of more than 10 percent. '
Cpl
Y
Article 7. PAYMENTS TO CONTRACTOR;
a. At least ten (10) days before each progress payment falls due (but '
not more often than once a month), the Contractor will sulamit to the Engineer
a partial payment estimate filled out and signed by the Contractor covering
the work performed during the period covered by the partial payment estimate
and supported by such data as the Engineer may reasoriably require. Ir payment
is requested on the basis of materials and equipment not incorporated in
the work but delivered and suitably stored at or near the site, the partial
payment estimate shall also be accompanied by such supporting data,
satisfactory to the Owner, as will establish the Owner's title to the
material and equipment and protect his interest therein, including applicable
insurance. The Engineer will, within ten (10) days after receipt of each
partial payment estimate, either indicate in writing his approval of payment
and presient the partial payment estimate to the owner, or return the partial
payment estimate to the Ccritractor indicating in writing his reasons for
refusing to approve payment. In the latter case, the Contractor may make the
necessary corrections and resubmit the partial payment estimate. The Owner
will, within ten (10) days of presentation to him of an approved partial
payment estimate, decide whether to pay the Contractor a progress payment on
the basis of the approved partial payment estimate. The Owner shall retain
ten percent (10%) of the amount of each payment until final completion and
acceptance of all work covered by the Contract DOCLHnents. The Owner at any
time, however, after fifty percent (50%) of the work has been completed, if he
finds that satisfactory progress ,.s being made, may reduce total retainage
to five percent (5%) of payments claimed. When the work is substantially ,
complete (operational or beneficial occupancy), the retained amount shall
be further reduced below five percent (5%) to only that amount necessary
to assure completion. A cash bond or irrevocable .letter of credit may be
accepted in lieu of all or part of the cash retainage when it reaches five
percent (5%) or less. On completion and acceptance of a part of the work on
which the price is stated separately in the Contract: Documents, payment may
be made in full, including retained percentages, less authorized deductions.
Authorized extra work shaI.l be included in these monthly progress payments.
The invoice shall he checked and corrected by the Engineer prior to submission
to the City for payment.
b. The request for payment may also include an allowance for the cost of
such major materials and equipment which are suitably stored either at or near
the site.
c. Prior to substantial completion, the Owner, with the approval of the
Engineer and 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.
d. The Owner shall have the right to enter the premises for the purpose
of doing work not covered by the Contract Documents. This provision shalt
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.
Aft I e. Upon completion and acceptance of the work, the Engineer shall issue
a certificate attached to the final payment request that the work has been
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accepted by him under the conditicNis of the Cr_mtract Documents. The entire
balance found by the Owner to be due the Contractor, including the retained
percentages, but except such suns as may be lawfully retained by the Owner,
shall be paid to the Contractor .within thirty (30) days of completion and
acceptance of the work.
f. The Contractor will indemnify and save the Owner and 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 darts 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 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 sun until satisfactory evidence is furnished that all
liabilities have been fully discharged, whereupon payment to the Contractor
shall be resumed, to 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.
g. If the Owner fails to make payment thirty (30) days after approval
by the Engineer, in additiooi to other remedies available to the Contractor,
then shall be added to each such payment interest at the maximum legal rate
commencing on the first day after said payment is due and continuing until the
payment is received by the Contractor. The legal rate of interest shall be as
specified in VAWj 408.020. Refer to General Condition 19.7.
Article 8. 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 due 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 ownn 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 sari to be made and to charge the cost thereof to the
Contractor. Nothing in this Section is .intended as a maintenance guarantee.
Article 9. PREVAILING WAGES:
In compliance with the Prevailing Wage Law, as Amended in Sections 290.210
to 290.340 inclusive, Revised Statutes of Missouri, 1969, effective October 13,
1969, not less than the prevailing hourly rate of wages shall be paid to all
workmen performing work under. this Contract, Section 290.250. The Contractor
shall forfeit to the City Ten Dollars ($10.00) for each workman employed,
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for each calendar 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 250.250.
Article 10. THE CONTRACT DOCUMENTS-
The Advertisement, information for Bidders, General Conditions, Special
Conditions, the Specifications, including Addenda Nos. xxx and the
Proposal , the Plans and Bonds, together with this Agreement,-Tor—m-7he
Contract. The Plans on file are as fully a part of this Contract as if hereto
attached.
IRVINBIL,T COMPANY
Contractor � ~
COUNTERSIGNED: P. 0. Box 787
ddress
41 0 6 601
onnie D. clev"jer, ecre ary
e uran, resa en
CITY PERSON
ANA Ow
320 East McCarty Street
ATTEST: 71� dx�ss ._..__._
Jefferson Cif Missouri 65101
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